Removing Regulatory Barriers to Affordable Home Construction

[Federal Register Volume 91, Number 52 (Wednesday, March 18, 2026)]

[Presidential Documents]

[Pages 13207-13210]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 2026-05388]

Presidential Documents

Federal Register / Vol. 91, No. 52 / Wednesday, March 18, 2026 /

Presidential Documents

[[Page 13207]]

Executive Order 14394 of March 13, 2026

Removing Regulatory Barriers to Affordable Home

Construction

By the authority vested in me as President by the

Constitution and the laws of the United States of

America, it is hereby ordered:

Section 1. Purpose. The American dream of homeownership

depends on a dynamic housing market in which a varied

inventory of new homes is built and renovated each

year. Layers of unnecessary regulatory barriers, slow

permitting processes, and onerous mandates at all

levels of government have delayed construction,

restricted development, and driven up the costs of new

housing. These constraints have made housing less

affordable for many Americans.

It is the policy of my Administration to reduce

regulatory barriers to building homes and to steward

taxpayer dollars in a manner that promotes housing

affordability.

ricted development, and driven up the costs of new

housing. These constraints have made housing less

affordable for many Americans.

It is the policy of my Administration to reduce

regulatory barriers to building homes and to steward

taxpayer dollars in a manner that promotes housing

affordability.

Sec. 2. Targeting Federal Regulatory Barriers to

Residential Development. (a) The Secretary of the Army,

acting through the Assistant Secretary of the Army for

Civil Works, and the Administrator of the Environmental

Protection Agency shall review and revise requirements

related to stormwater, wetlands, lakes, rivers, and

other bodies of water to reduce housing construction

and ownership costs, streamline regulatory and agency

decision-making processes, reduce property tax burdens,

and increase insurability, as appropriate and

consistent with applicable law. Such requirements shall

include:

(i) the Construction General Permit for stormwater discharges from

construction activity;

(ii) federally issued Total Maximum Daily Loads;

(iii) construction site and post-construction requirements for Municipal

Separate Stormwater System permits;

(iv) Federal standards for permits under section 404 of the Clean Water Act

(CWA), 33 U.S.C. 1344, for the discharge of dredged and fill material into

waters of the United States; and

(v) Federal standards for assumption of dredge and fill permitting by

States and tribes under section 404(g) of CWA.

ion site and post-construction requirements for Municipal

Separate Stormwater System permits;

(iv) Federal standards for permits under section 404 of the Clean Water Act

(CWA), 33 U.S.C. 1344, for the discharge of dredged and fill material into

waters of the United States; and

(v) Federal standards for assumption of dredge and fill permitting by

States and tribes under section 404(g) of CWA.

(b) The Secretary of Commerce, the Secretary of

Housing and Urban Development, the Secretary of

Transportation, and the Director of the Federal Housing

Finance Agency (FHFA) shall, within their respective

authorities, consider eliminating unduly burdensome

rules and reforming programs that constrain residential

development and impede housing affordability,

especially the construction of affordable single-family

homes as well as suburban and exurban neighborhoods,

including, as needed:

(i) the Economic Development Administration's guidelines and investment

priorities concerning development density;

(ii) the Department of Transportation's Reconnecting Communities Pilot

Program;

(iii) the Department of Housing and Urban Development's Pathways to

Removing Obstacles to Housing Program; and

(iv) the FHFA's guidelines and regulations regarding chattel lending for

manufactured housing and incentivizing low-balance home mortgages.

[[Page 13208]]

ent

priorities concerning development density;

(ii) the Department of Transportation's Reconnecting Communities Pilot

Program;

(iii) the Department of Housing and Urban Development's Pathways to

Removing Obstacles to Housing Program; and

(iv) the FHFA's guidelines and regulations regarding chattel lending for

manufactured housing and incentivizing low-balance home mortgages.

[[Page 13208]]

(c) The Secretary of Agriculture, the Secretary of

Housing and Urban Development, the Secretary of Energy,

and the Director of FHFA shall, within their respective

authorities, take appropriate action to reform and,

where appropriate, eliminate unduly burdensome or

costly energy-efficiency, water-use, or alternative-

energy requirements regarding housing, including

manufactured housing, to the maximum extent practicable

and consistent with applicable law. Such action shall

include reviewing and revising, as needed:

(i) the Energy Conservation Program's Energy Conservation Standards for

Manufactured Housing;

(ii) the Adoption of Energy Efficiency Standards for New Construction of

HUD- and USDA-Financed Housing;

(iii) residential building energy codes subject to review by the Secretary

of Energy; and

(iv) water and energy efficiency improvement standards for FHFA's duty to

serve underserved market properties.

e Energy Conservation Program's Energy Conservation Standards for

Manufactured Housing;

(ii) the Adoption of Energy Efficiency Standards for New Construction of

HUD- and USDA-Financed Housing;

(iii) residential building energy codes subject to review by the Secretary

of Energy; and

(iv) water and energy efficiency improvement standards for FHFA's duty to

serve underserved market properties.

Sec. 3. Streamlining Federal Permitting Requirements

for Residential Development. (a) The Chairman of the

Council on Environmental Quality shall provide guidance

to executive departments and agencies (agencies) on

implementing the National Environmental Policy Act of

1969, including through the establishment, adoption, or

application of categorical exclusions, in a manner that

maximally exempts or reduces burdens on housing

construction, preservation, adaptive re-use, and

infrastructure that facilitates housing construction,

such as roads, water, sewer, and other projects.

(b) The Chairman of the Advisory Council on

Historic Preservation shall develop guidance on

maximally exempting, or reducing burdens on, housing

construction and infrastructure that facilitates

housing construction, such as roads, water, sewer, and

other projects under section 106 of the National

Historic Preservation Act so that reporting

requirements are no more burdensome than necessary.

maximally exempting, or reducing burdens on, housing

construction and infrastructure that facilitates

housing construction, such as roads, water, sewer, and

other projects under section 106 of the National

Historic Preservation Act so that reporting

requirements are no more burdensome than necessary.

Sec. 4. Boosting Housing Affordability Through State

and Local Regulatory Best Practices. (a) Within 60 days

of the date of this order, the Secretary of Housing and

Urban Development, in coordination with the Assistant

to the President for Domestic Policy, shall develop and

promulgate a series of regulatory best practices for

State and local governments to promote housing

construction and affordability, including:

(i) streamlining permitting processes for housing developments by, for

example, capping permitting timelines and fees; allowing by-right

development for single-family homes; limiting retroactive application of

new or changed building codes; allowing third-party inspections and

appropriate builder choice on certified entities for inspections and

studies; and ensuring swift dispute resolution with government agencies and

private parties regarding construction matters;

(ii) curtailing mandates that increase housing construction costs, such as

green-energy building requirements or other energy-choice restrictions,

non-evidence-based building codes, and unreasonable building-code-adoption

timelines;

(iii) re-examining restrictions on the use of manufactured or modular

housing on the basis of the construction method rather than objective

standards for building and safety, aesthetic requirements, or prohibitions

on construction when comparable site-built housing is permitted; and

rgy-choice restrictions,

non-evidence-based building codes, and unreasonable building-code-adoption

timelines;

(iii) re-examining restrictions on the use of manufactured or modular

housing on the basis of the construction method rather than objective

standards for building and safety, aesthetic requirements, or prohibitions

on construction when comparable site-built housing is permitted; and

(iv) removing arbitrary limitations on residential housing development

beyond urban centers, such as urban growth boundaries, growth moratoria,

and commuting penalties.

(b) The Secretary of Agriculture, the Secretary of

Housing and Urban Development, the Secretary of

Transportation, and the Administrator of the

Environmental Protection Agency shall, within their

respective authorities, take steps to revise, as

appropriate and consistent with applicable law,

[[Page 13209]]

regulations, guidance, grant applications and

requirements, technical assistance, and other relevant

agency documents or practices to advance the best

practices issued pursuant to subsection (a) of this

section.

Sec. 5. Facilitating New Residential Construction in

Opportunity Zones. (a) The Secretary of the Treasury

and the Secretary of Housing and Urban Development

shall jointly evaluate Administration actions to better

align programs and incentives with the Opportunity Zone

tax incentives to expand investment in single-family

home construction, including considering lawful

mechanisms to link grants, financing tools, or other

incentives with new or increased investment in

Qualified Opportunity Funds engaged in the development

and sale of single-family homes.

nity Zone

tax incentives to expand investment in single-family

home construction, including considering lawful

mechanisms to link grants, financing tools, or other

incentives with new or increased investment in

Qualified Opportunity Funds engaged in the development

and sale of single-family homes.

(b) The Secretary of the Treasury and the Secretary

of Housing and Urban Development shall also assess

opportunities to coordinate the Opportunity Zone

incentives described in subsection (a) of this section

with the New Markets Tax Credit under 26 U.S.C. 45D to

promote single-family home construction in census

tracts that qualify both as Qualified Opportunity Zones

and as low-income communities for the purposes of the

New Markets Tax Credit.

Sec. 6. General Provisions. (a) Nothing in this order

shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or

the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget

relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with

applicable law and subject to the availability of

appropriations.

(c) This order is not intended to, and does not,

create any right or benefit, substantive or procedural,

enforceable at law or in equity by any party against

the United States, its departments, agencies, or

entities, its officers, employees, or agents, or any

other person.

appropriations.

(c) This order is not intended to, and does not,

create any right or benefit, substantive or procedural,

enforceable at law or in equity by any party against

the United States, its departments, agencies, or

entities, its officers, employees, or agents, or any

other person.

(d) If any provision of this order, or the

application of any provision or circumstance, is held

to be invalid, the remainder of this order and the

application of its provisions to any other persons or

circumstances shall not be affected thereby.

[[Page 13210]]

(e) The costs for publication of this order shall

be borne by the Department of Housing and Urban

Development.

<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>

(Presidential Sig.)

THE WHITE HOUSE,

March 13, 2026.

[FR Doc. 2026-05388

Filed 3-17-26; 11:15 am]

Billing code 4210-67-P

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