[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.

                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.

                    (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]]

                    (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.

                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.

                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

(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.

                    (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.
                    (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.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    March 13, 2026.

[FR Doc. 2026-05388
Filed 3-17-26; 11:15 am]
Billing code 4210-67-P