BISMARCK-MANDAN HOME BUILDERS ASSOCIATION JUNE 2023 || WWW.BMHBA.COM
Building Buzz is a publication of the Bismarck-Mandan Home Builders Association.
PROFESSIONALS BUILDING OUR COMMUNITY THROUGH PROMOTION OF SINCE 1958.
JOE HILLERSON, PRESIDENT Boulder Homes PO Box 1421 Bismarck, ND 58502 (701) 400-5554 boulderhomesnd@gmail.com
ANDREW MELDAHL, 1 ST VICE PRESIDENT Pinnacle Homes and Design 214 Riverwood Ave Mandan, ND 58554 (701) 426-0237 andrew@pinnaclehomesnd.com
RORY ANDERSON, 2 ND VICE PRESIDENT Verity Homes 3100 N 14th St, Ste 1 Bismarck, ND 58503 (701) 391-0093 rory@verityhomes.com
JOE VETTER, SECRETARY & TREASURER
Joe Vetter Construction 2523 Powder Ridge Cir Bismarck, ND 58503 (701) 258-9394 joevetterjvc@gmail.com
JAMIE SCHMIDT, PAST PRESIDENT Investcore, Inc. 1601 N 12th St. Suite 605 Bismarck, ND 58501 (701) 223-3030 jamie.schmidt@investcore.com
VICKI MORAN
Hallmark Homes 3200 Rock Island Place, Suite 4 Bismarck, ND 58504-7717
(701) 471-7634 hallmarkhomes@outlook.com
CHIEF EXECUTIVE OFFICER
Dawn Watson dawn@bmhba.com
Office: 701-222-2400
Cell: 701-390-5049
MCKENZIE LAWLER
Dakota OutdoorScapes 8351 Hwy 1804 N Bismarck, ND 58503 (701) 595-0890 mckenzie@ndscapes.com
LORI WILLSON
Northern Plains Plumbing, Heating & Air 2510 Vermont Ave Bismarck, ND 58504
(701) 222-2155 lori@northernplains.net
RON STOTZ CAVES
1365 Tacoma Ave, Suite 1 Bismarck, ND 58504 (701) 751-1162 rons@cavesnd.com
NATHAN TODD Northwest Contracting 2840 Valley Forge St Bismarck, ND 58503 (701) 226-0526 nathan@northwestcontracting.com
LEROY THOMAS
J.E. Homes LLC PO Box 3121 Bismarck, ND 58502 (701) 400-9163 leroy@jehomesnd.com
SHANE GAFFANEY
American Roofing Supply 1600 Industrial Dr Bismarck, ND 58501
(701) 805-8650 sgaffaney@srsicorp.com
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DIRECTOR OF COMMUNICATIONS
Jennifer Patera jennifer@bmhba.com
Office: 701-222-2400
Cell: 218-416-2439
LAYOUT DESIGNER Elysha Head
BUILDING
Bismarck-Mandan Home Builders Association 2600 Gateway Ave, Ste 1 Bismarck, ND 58503 Phone: 701.222.2400 www.facebook.com/bmhba www.instagram.com/bismanbuilders www.linkedin.com/company/bismarckmandan-home-builders-association www.twitter.com/bmhba
www.bmhba.com
Construction season is finally upon us, and excitement is in the air! I hope everyone is busy and making plans for a great year!
We just had our Spring Mixer at Bennigan’s again this year. A big thanks to all of you who attended, as well as our sponsors for this great event…a good time was had by all!
The BMHBA is currently preparing for the 36th Annual PAC Golf Tournament at Prairie West Golf Course in Mandan. This is our main PAC event for the year and is always a favorite amongst our Membership. Registration just opened last week and is filling up fast. Be sure to get registered soon, and let’s all have a great time golfing and networking!
Recently the BMHBA has been politically active regarding the proposed CO2 pipeline route and its proximity to our great community. If you are not aware of this issue, and its potential danger to our citizens, property values, etc., I encourage you to get educated and involved in making sure this pipeline, if it is
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The BMHBA consists of building specialists from every section of the construction field and associated industries. Your membership strengthens our voice in Bismarck-Mandan construction sector as well as at a state and national level. If you haven’t already submitted payment, please renew your membership by June 30th, 2023.
Jami Benz
Nick Roemmich
Joshua Glatt
William Watson
Brandon Fraser
Dan Domagala
Kim Chase
Kyle Herman
Amy Mazigian
Michelle Dahl
Barry Schumaier
Mark Roningen
Pat A. Thomas
Brian Frank
Shannon Erie
Terry Leabo
Jacoby Woehl
Jennifer Wingert
Berna Vetter
Join the BMHBA in congratulating these longstanding members. Their dedication to the Bismarck-Mandan Home Builders Association is appreciated and truly valued.
45 YEARS 25 YEARS 15 YEARS 10 YEARS 5 YEARS
Please help us welcome our new members to the BMHBA!
BuilderMembership 701-426-3796
matt@homelandhempco.com http://homelandhempcrete.com
AffiliateMembership (701) 595-7213
lorilgross@outlook.com www.ndcoldspring.com
Thank you to our members who have helped grow our BMHBA membership over the years by recruiting new companies to join our association. If you know of a company that is interested in joining, contact Jennifer Patera at jennifer@bmhba.com or 701-222-2400.
Your recruitments can now be seen on NAHB.org. Click “My Profile” then “My Spike Referrals.” TopRecruitersasof05/19/2023
Statesman Spike 500-999Credits
Kelly Moldenhauer (744.00)
Super Spikes 250-499Credits
Todd Brady (385)
Robb Sattler (297.50)
Mike Todd (289.00)
Lee Mitzel (271.00)
Pat Marback (260.00)
Royal Spikes 150-249Credits
Lori Willson (220.25)
Mike Hopfauf (200.50)
Berna Vetter (190.50)
Colby Well (166.50)
Jack Knutson (162.50)
Red Spikes 100-149Credits
Blair Ihmels (148.00)
Steve Redding (126.50)
Chad Moldenhauer (112.00)
Jerry Splonskowski (107.50)
Green Spikes
50-99Credits
Vance Vetter (101.25)
Paula Haider (97.25)
David Patience (96.00)
Mark Larson (92.00)
Eric Brenden (91.50)
Darren Buffington (84.00)
Kenneth Knodel (68.00)
Art Goldammer (65.00)
Nadine Schaff (59.75)
Scott Moran (58.50)
Scott Duchcherer (57.00)
Gerry Rudnick (51.00)
Life Spikes
25-49Credits
Jeff Sattler (47.00)
Gerald Hopfauf (45.50)
Drew Knutson (43.50)
Matt Shauer (43.50)
Greg Meidinger (41.50)
Jamie Schmidt (39.00)
Greg Zenker (38.50)
Blue Spikes
6-24Credits
Jason Frank (22.50)
Shane Gaffaney (21.00)
Kelli Thompson (17.75)
Joe Hillerson (16.50)
Melinda Llyod (15.50)
Bob Kupper (13.00)
Pete Brendel (9.00)
Rory Anderson (8.00)
Darryl Hatzenbuhler (8.00)
Bill Schmid (8.00)
Mike Wolf (8.00)
Shannon Reichenberg (6.00)
Spike Candidates .50-5.50Credits
Vicki Moran (5.25)
Kurt Steiner (4.50)
Roger Grendahl (4.00)
Parker Pladson (4.00)
Jarred Roloff (3.50)
Melanie Staiger (3.50)
Brian Eiseman (3.00)
Sam Gietzen (2.50)
Jeran Thomson (2.50)
Wade Vogel (2.50)
2023 SUMMER EVENTS
NDAB
McCody Concrete, Williston
NDAB SUMMER BOARD MEETING
McCody Concrete, Williston
NDAB
2023
SUMMER SOCIAL July 26 | 6 pm
ND 2023
July 27
ND
Natalie
(2.00) Lynn
(2.00) Alissa
(2.00) Tom
(2.00) Gina
(1.50) Kathy
(1.00) Kari
(1.00) Jackie
(1.00) Lindsey
(1.00) Reid
LeRoy
Terry
Travis
Laurie
Hannah
Kassy
Lindsey
Brad
(0.50) Bryan
(0.50)
(0.50) Judy
Andy
Lindsey
Eckes
Klein
Kleinsasser
Reinke
Hruby
Feist
Anderson
Andahl
Matter
Kubesh (1.00)
Thomas (1.00)
Leabo (1.00)
Welle (1.00)
Wentz (1.00)
Haynes (1.00)
Landis (1.00)
Ashley (0.50)
Balerud
Brendel
Tae Pifer
Maslowski (0.50)
Nelson (0.50)
Ashley (0.50) Kayla Bosch (0.50)
On Tuesday May 9th the BMHBA membership gathered at Bennigan’s in Mandan for the Annual Spring Mixer. The grand prize this year was a Pizza Oven Pack valued at over $900, won by Sue Blair. All registered attendees were automatically entered into the drawing along with anyone who donated to PAC in 2023 also received extra entries.
If you missed this fun event, we will see you at our Fall Mixer on October 17th!!
�ocatedonatranquilnorthernedgeofMandan,SunriseView EstatesisthenewestdevelopmentintheupandcomingareaofMandan. SunriseViewoffersaplannedcommunitynestledalongtheopengrasslands, aswellasbeingnearthenewStarionSportsComplex,thenewMandanHigh School,andthenewMiddleSchool.
Thisdevelopmentfeatureslargelots,anewcitypark,lotsofgreenspace,and beautifulviews.Justminutesfromavarietyofstoresanddiningoptions.You cangetanywhereinthemetroareaquicklyasyouwillbeashortdistance fromInterstate94viaHighway1806.Justnorthofthedevelopment,afuture
Bynow,
Many of you have probably heard about the proposed Summit Carbon Solutions CO2 pipeline being routed around North and East Bismarck. As the Chair of the BMHBA Government Affairs Committee, I have been asked to bring our membership up to speed in our efforts to try to get it moved.
The pipeline is meant to carry CO2 from more than 30 ethanal plants in Nebraska, Iowa, Minnesota, South Dakota and one in North Dakota to be permanently stored below ground in Oliver County. The confluence of all the smaller pipelines is in Burleigh County where the pipeline is 24” wide and is carrying over 2,100 pounds of pressure. At over 2,000 miles it would be the largest CO2 pipeline in existence and would be the first pipeline designed and installed by Summit. The pipeline is meant to take advantage of the 45Q Federal tax credits and help the ethanol plants lower their carbon footprint in order to sell to states like California.
The concern that many have in the community has to do with the proximity of the pipeline route selected by Summit to Bismarck. The current route is located within 1-2 miles from the city’s ETA, less than 1 mile from rural developments and 2 miles from over 1,200 rural residences in Burleigh County (See attached map link below). This pipeline route will affect the growth of our community as rural developments continue to spread to the North and city developments like Silver Ranch continue to develop to the East. The route will not only put unnecessary additional costs on the city and the county for emergency response, but additional liability on landowners and construction crews because CO2 is considered a pollutant and is not covered under most insurance policies.
CO2 pipelines can be dangerous. In 2020, there was a CO2 pipeline break for a line with less pressure and less volume of CO2. In the small community in Satartia, Mississippi with less than 50 people, almost 50 were hospitalized. An interview of Chief Briggs, the responding fire chief can be found here: https://www.youtube.com/watch?v=7zGwieE0Cpg. As a result of this leak FHMSA, the national regulatory body that oversees pipelines is re-vamping their regulations which are due out sometime next year.
There is the misconception that has been put out that if you aren’t for the pipeline, somehow you are against North Dakota coal and oil industries, that simply is not the case. The CO2 this pipeline will carry is being stored underground permanently and can never be used by ND industries. Whether or not you agree with carbon capture or global warming has nothing to do with objecting to the route proposed by Summit. There is also the misconception that CO2 pipelines are safer than the natural gas pipelines, which is also not the case. Co2 is odorless, colorless and it is an asphyxiant, so it is dangerous to people on its own. Natural gas needs ignition to be dangerous. CO2 is heavier than air, so it tends to linger on the ground where natural gas goes straight up into the atmosphere. CO2 pipelines are new and require different equipment and training especially when they are located in remote areas, which will create an additional burden on taxpayers. Finally, unlike natural gas, CO2 serves no beneficial purpose to our community and is not taxed or created here.
The Burleigh County Commission has created new ordinances dealing with the pipeline which would preclude the current pipeline route and push it at least 10 miles outside of the city’s ETA. However, those rules could be preempted by the Public Service Commission. The BMHBA Board approved the attached resolution on April 25 asking the PSC to push the pipeline further away from Bismarck so that it does not affect our community’s growth. On May 9th, the Bismarck City Commission approved a resolution asking the PSC to push the pipeline 25 miles from the city’s ETA and that the pipeline route not be approved until the new FHMSA regulations comes out.
This is an important issue for all our members because it affects the continued growth of our community and will affect land values and tax liabilities. I encourage you all to get educated on these issues. Consider signing the petition to move the pipeline online at www.moveCO2pipeline.com or find more information on the Facebook, Twitter, YouTube or Instagram pages that have been established. Consider attending the next PSC public hearing on June 2nd at the Heritage Center in Bismarck and share your concerns. This CO2 pipeline is going to be in the ground for 99 years or more and if our community continues to grow as it has, we will end up on top of it long before then. Why would we subject our community to any risk so that some unknown corporate entities can receive a tax credit?
Sincerely,
ChadMoldenhauer
Cell: 701-220-1821
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MONTH YEAR ‘17 ‘18 ‘19 ‘20 ‘21 ‘22 ‘23 ‘17 ‘18 ‘19 ‘20 ‘21 ‘22 ‘23 ‘17 ‘18 ‘19 ‘20 ‘21 ‘22 ‘23 ‘17 ‘18 ‘19 ‘20 ‘21 ‘22 ‘23 ‘17 ‘18 ‘19 ‘20 ‘21 ‘22 ‘23 JANUARY 1 0 10 2 5 0 8 0 0 0 0 0 0 0 0 2 0 0 0 0 0 0 0 2 0 0 0 0 0 0 2 1 2 0 0 FEBRUARY 5 2 0 10 17 4 15 0 0 0 1 2 0 0 6 5 0 0 1 0 0 0 3 0 2 0 0 1 0 0 0 3 0 0 0 MARCH 14 2 9 32 28 31 47 2 2 1 4 9 2 11 4 8 2 8 9 11 0 0 0 0 1 4 0 0 4 2 4 12 12 9 0 APRIL 40 27 26 23 43 22 55 4 3 6 8 6 4 11 8 16 11 5 7 3 3 4 0 6 3 0 3 2 11 11 14 4 11 11 3 MAY 29 16 28 23 12 35 5 6 4 9 9 4 11 15 11 4 6 5 5 5 0 2 2 0 7 20 10 5 13 7 JUNE 48 24 18 40 53 27 10 2 2 3 8 4 13 13 4 6 3 12 3 1 1 1 3 4 4 4 6 8 8 9 JULY 60 22 17 34 41 19 3 3 2 7 5 5 6 11 12 14 9 1 1 5 1 6 1 14 4 3 11 1 7 1 AUGUST 16 27 19 29 39 29 6 1 7 2 3 4 13 20 10 16 13 2 9 4 5 3 0 4 6 8 5 5 6 6 SEPTEMBER 26 22 23 43 57 41 8 3 10 9 4 2 26 11 10 22 12 2 4 5 2 4 2 1 9 6 5 10 14 3 OCTOBER 22 15 36 43 38 53 4 7 3 10 2 2 20 9 9 7 10 17 7 5 3 8 10 3 3 7 1 5 7 2 NOVEMBER 9 11 14 12 25 12 3 0 1 0 5 0 7 6 2 6 2 0 0 0 0 2 0 1 1 0 2 1 7 0 DECEMBER 0 1 1 21 15 N/ A 0 0 0 1 0 N/ A 0 0 0 2 2 0 4 0 0 0 0 0 2 0 0 2 2 0 270 169 201 312 373 273 125 45 27 36 54 53 27 114 116 71 90 74 53 37 28 20 32 22 30 51 61 60 57 89 48 YTD TOTAL BISMARCK SINGLE FAMILY DWELLING BITZ PROPERTIES 811 CALVERT DR DIVERSITY HOMES INC 414 MEHRER DR J.E. HOMES, LLC 2015 ANTLER AVE J.E. HOMES, LLC 3817 STEEL ST K & L HOMES 6203 HERITAGE RIDGE RD K & L HOMES 910 COLLECTIVE LN K & L HOMES 904 COLLECTIVE LN LEGENDARY HOMES INC 3127 GALLATIN DR PEARSON HOME BUILDERS 4901 CORNICE DR BISMARCK ETA SINGLE FAMILY DWELLING J.E. HOMES, LLC 7805 NICKLAUS DR SATTLER HOMES INC 8264 MCINTOSH AVE RIDGELINE CONTRACTING, INC 4109 SANDY RIVER PL BIG RIVER BUILDERS INC. 606 WHITE WILLOW CIR J.E. HOMES, LLC 8139 HAWKTREE DR J.E. HOMES, LLC 8141 HAWKTREE DR MANDAN SINGLE FAMILY DWELLING DIVERISTY HOMES, INC 1213 SHIRES DR SE DIVERISTY HOMES, INC 403 MIA CT SE WELTIKOL CONSTRUCTION 1109 LAKOTA PL NE LINCOLN SINGLE FAMILY DWELLING R & K HOMES 14148 PANIOLO WAY K & L HOMES 12008 ACADIA DRIVE MORTON COUNTY SINGLE FAMILY DWELLING XL HOMES 2517 MEMORIAL HWY DUSTIN EASTGATE 5265 HWY 1806
The North Dakota Association of Builders is your state trade association that works to build a successful economy in North Dakota through building homes for its citizens.
The North Dakota Legislative Session began on January 3rd and ended April 30th. NDAB had a presence every day, encouraging legislators to implement laws that would support the economic impact of home building on their communities.
NDAB monitored and/or testified on 40 bills that were of interest to the association members. Along with the guidance of the NDAB Government Affairs Committee, the organization prioritized those bills that were of particular interest. Below are the top ten bills of the North Dakota Legislative Session for the association.
• #10 HB 1499 would have created a Residential Partnership in Assisting Community Expansion Fund, with the goal of establishing an interest buydown for primary residences $400,000 or less. The bill was turned into a study in the House but failed to pass the Senate.
• #9 HB 1330 modifies the preferred methodology when
determining how special assessments are calculated. Introduced by Representative Roers Jones, it addresses inconsistencies in current processes that can allow for political subdivisions to made changes to its existing
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KAYLA PULVERMACHER NDAB CEO
JEFF SATTLER 2023 NDAB PRESIDENT
• policy after the fact. While the bill would have ensured that property owners were assessed in a more consistent way, the bill was ultimately opposed by some cities that believed it would penalize them or limit the use of specials as a funding mechanism. The bill failed in the House.
• #8 HB 1232 provides a $500,000 appropriation to the Department of Career and Technical Education for career exploration software. This software utilizes virtual reality technology and allows a student to be immersed in a construction environment virtually. The bill was passed and signed by the Governor.
• #7 HB 1188 prohibits realtors from offering cash for long term listing agreements. This practice started in Florida and had recently been used in Minnesota. The bill passed both chambers and was signed by the Governor.
• #6 HB 1106 stated that “an appraiser that works for an Appraisal Management Company must be certified/ licensed in this state.” The language of the bill created ambiguity and could have potentially interfered with AMC’s that currently operate in the state. The bill failed in the House.
• #5 SB 2707 began as an exemption for a nonprofit entity that is constructing or rehabilitating a singlefamily dwelling that will be given to or sold below the appraised value to a low-income person from contractor licensing requirements. NDAB initially opposed the bill due to the exemption, but ultimately worked with the proponents of the bill and the Secretary of State’s office to find a solution to the cost of licensing. The final version of the bill mandates the entity still be licensed, but at no cost. SB 2707 passed both chambers and was signed by the Governor.
• #4 HB 1234 prohibits a city or county from adopting an ordinance, resolution, regulation, code, or policy that would have the effect of prohibiting the use of a particular energy source in new construction homes. Dubbed the “Ban the Ban” bill, it overwhelmingly passed both Chambers and was signed by the Governor.
• #3 SB 2170 would have allowed a minor who is at least sixteen years of age to work in construction if a permit to do so is signed by the minor's parent or guardian. It also would have required the labor commissioner to make permits for employment available and file a copy of
completed permits with the department of labor and human rights. Due to its conflict with federal law, legislators heavily amended the bill. The conference committee added a study to the bill that would look at creating a state apprenticeship office. The bill passed the Legislative Assembly and was signed by the Governor.
• #2 Funding for career centers that would help develop high school students into our future construction workforce was of high priority for the association. Although initial funding was passed in the last session and special session, current inflation costs have caused many projects to halt until further funding could be identified. Funding was initially housed through multiple bills: HB 1185 would have appropriated fundings from the Coal Development Trust Fund, HB 1199 created a line of credit at the Bank of North Dakota to be used for projects, and HB 1019 housed funding to target the inflation. During the conference committee process it was revealed that additional dollars for inflation were taken from a fund to be used for broadband, and the funding was removed from the Commerce Department funding bill. Ultimately, an additional $8 million was added to the initial $26 million through the Information Technology Department’s budget bill.
• #1 SB 2303 would have mandated basement depths. Introduced by Senator Luick, the bill prohibited basements constructed after August 1, 2023, from having a basement depth of more than one foot below the ordinary high-water mark of the underlying water table as established by a soil scientist or soil classifier. NDAB opposed the bill, calling it an unnecessary regulation that would only add to the rising cost of homeownership and that prudent builders address water issues at every site on a case-by-case basis. The bill failed in the Senate.
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Front Street Millwork & Lumber Patio Doors @ 3320 E Century Ave, Bismarck, ND 701-255-1636 www.frontstreetmillwork.com Happy Father’s Day! June 18th
I grew up in Bismarck, graduated from UND in Grand Forks and went on to become an expert in the insurance business and in roofing. I am a FEMA registered disaster inspector and have been deployed for multiple natural disasters. My Colorado company, Colorado Continental Roofing and Solar has an A+ rating for BBB and Denver Gold Star awards for 2009, 2013, 2014 and 2015. My love for my home state drew me back to Bismarck/Mandan. Here I have family and opportunities to hunt and fish, plus it’s great to be cheering again for UND hockey and NDSU football. My partners, Mike and Geris Hopfauf, bring with them their long-standing respected reputation (former owners of Hopfauf Custom Builders) and standards of excellence that earned them ND Home Builder of the Year and 3 times the Bismarck-Mandan Builder of the Year awards. Founded in 2016, Riverbend Roofing and Exteriors has three diverse and experienced owners who bring to the table a wealth of knowledge and expertise second to none. GerisHopfauf,isintheofficemanagingallaffairs. MikeHopfaufissemi-retiredandonlyworks ‘ specialprojects’andwithpeople heknowsorhasdoneworkwith.
We have ample experience in all phases of damage restoration, exterior repairs, remodels, roofing, siding, and windows. In addition, with my vast knowledge of the insurance industry, I can advocate for the customer and make sure they are getting everything from their insurance policy that they are entitled to receive.
Listen to your clients. They will tell you their needs, concerns and ideas.
I start with meeting the homeowners at their home, have a quick Safety Meeting with our Crew Leader, review job and list items to be done. I walk the site and note instructions as to the installation process and any special concerns or custom work to be done. I watch the jobs, coordinate the crews, do invoices (Xactimate proficient), follow up with customers, schedule jobs for the week. Meet customers and follow up with clients.
Another type of contracting, sales and marketing.
Maintain our great relationships with current customers and obtain more ND clients in this great state.
Nick Welle was previously a Field Rep for insurance companies doing on site audits, inspections, valuations, builders’ risk and renovations. Also was a FEMA inspector. Saw the potential (and need) for a quality company to ‘take care’ of homeowners after an event (storm). Mike & Geris Hopfauf fit the transition perfectly and in fact Mike always said he doesn’t miss spending the fall making sure there is ample work for the winter for the crews.
There are many qualified contractors in our area who do good work. But we insist on quality work done in a timely manner. Our written agreements with customers ensure that we do what we say we are going to do. And we fulfill those commitments.
In this market there are many qualified, good contractors I don’t know if we do things ‘more unique’ from the others. We do insist on quality work done in a timely manner, as written in agreements with customers and ensure that ‘we do what we say we are going to do’.
I enjoy finishing a job/project seeing the homeowners happy smile and knowing we did a good job for them. Also enjoy being outdoors and meeting many fine ND folks.
Spend time with family, hunt, fish and enjoy ND climate (not so much of 6 month winters though)
Now is definitely our busy season. We have a full production board, but always look to meeting other folks and helping with their claims or projects. Website: riverbendroofingnd.com
RiverBend Roofing & Exteriors | Mandan ND | Facebook Associate Member Spotlight
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In a major victory for NAHB, builders, developers and property owners, the Supreme Court on May 25 issued a unanimous decision in Sackettv.EnvironmentalProtection Agencythat will force the Biden administration to overhaul its “waters of the U.S.” (WOTUS) rule and ultimately provide builders and developers more certainty in the federal permitting process.
“The decision represents a victory against federal overreach and a win for common-sense regulations and housing affordability,” said NAHB Chairman Alicia Huey
The Sackettcase revolved around the government regulation of a wetland near a roadside ditch. The government believed that it had Clean Water Act (CWA) authority over the wetland because the government claimed that this wetland, in combination with other nearby wetlands, had a “significant nexus” to Priest Lake, Idaho.
The significant nexus test that establishes federal jurisdiction over minor waterbodies such as isolated wetlands or human-made ditches is a critical part of the Biden administration WOTUS rule.
The Supreme Court essentially rejected the significant nexus test and the EPA’s reasoning. Five justices joined the opinion of the court, which began its analysis by explaining that the CWA’s use of the term “waters” encompasses only relatively permanent, standing or continuously flowing bodies of water that form geographic features that are ordinarily described as streams, oceans, rivers and lakes.
With respect to wetlands, the Supreme Court explained that in order for a wetland to be regulated under the Clean Water Act, it must have “a continuous surface connection to bodies that are ‘waters of the United States’ in their own right, so that there is no clear demarcation between ‘waters’ and wetlands.” As a practical matter, the court found only wetlands that are indistinguishable from waters of the
United States are covered by the CWA.
NAHB had filed a friend-of-the-court brief in the Sackettcase, arguing that it does not make sense for isolated wetlands, isolated ponds or human-made ditches on private property to be subject to federal jurisdiction.
Although the Sackettcase did not directly address the Biden administration’s newest rule defining “waters of the United States,” this decision has an enormous impact on that rule. The current Biden WOTUS rule is based on the significant nexus analysis the Supreme Court has clearly rejected. Therefore, the administration will have to make extensive changes to the rule.
It should also be noted that the Biden WOTUS rule is now in effect in only 23 states because three U.S. district courts (North Dakota, Kentucky and Texas) have decided that the rule cannot be implemented in 27 states as a result of legal challenges. NAHB was involved in the Texas and North Dakota cases, which covered 26 of the 27 states affected.
As a result, the WOTUS rule has reverted to a pre-2015 regulation in those 27 states. But the pre-2015 rule also relies on the significant nexus test.
What this means going forward is that EPA and the U.S. Army Corps of Engineers will most likely need to go back to the drawing board to craft a revised regulation applicable to all 50 states. This process is expected to take several months.
As the government moves to revamp its WOTUS rule, NAHB will be urging the federal agencies to implement a durable and practical definition of WOTUS that will truly protect our nation’s water resources without infringing on states’ authority and triggering additional expensive, timeconsuming permitting and compliance requirements.
SEE YOUR AD HERE Call the BMHBA office for more info 701 222 2400.
Alicia Huey, chairman of the National Association of Home Builders and a custom home builder and developer from Birmingham, Ala., today issued the following statement after the Supreme Court handed down its unanimous verdict in the case of Sackett v. EPA:
“Today the Supreme Court issued a unanimous decision in Sackett v. EPA that clearly redefines the scope of the Clean Water Act. The decision represents a victory against federal overreach and a win for common-sense regulations and housing affordability. The ruling will likely affect the Biden administration’s new definition of waters of the U.S. (WOTUS) that gave the federal government jurisdictional authority under the Clean Water Act over certain isolated wetlands, ephemeral streams or even human-made drainage features, like roadside ditches.
“The Biden WOTUS rule does little to strengthen our nation’s water resources but it does radically extend the areas in which home builders are required to get federal wetlands permits. Adding uncertainty and delay to the federal permitting process needlessly raises housing costs at a time when the nation is already facing a housing affordability crisis.
“With the Supreme Court verdict impacting the worst parts of the Biden WOTUS rule, it’s time for the administration to implement a new durable and practical definition of WOTUS that will truly protect our nation’s water resources without infringing on states’ rights and triggering additional expensive, time-consuming permitting and regulatory requirements.”
To help residential construction business owners protect their organizations, NAHB offers 27 contracts written specifically for home builders and remodelers that cover a wide range of construction industry activities.
NAHB Contracts has long been a go-to resource for home builders looking to save time and money in the development of their critical contracts. Now is the perfect time to explore NAHB Contracts because many were recently updated to reflect key changes in the market.
Nearly all the contracts have been significantly modified to expressly address the potential impacts from pandemics and epidemics. New language also gives contract parties the flexibility to amend the time for performance due to labor and material shortages.
Another notable update includes a substantially revised “New Home Plans & Specifications” document with almost
40 categories that allow for more detail such as listing the products to be used by brand and model, special installation requirements, finishes, sizes, dimensions, and more.
NAHB Contracts are divided into five broad categories covering most legal agreements in residential construction:
• Construction Contracts
• Sales Contracts Completed Dwellings
• Contract Exhibits Additional Terms (which include contracts for change orders)
• Remodeling Contracts
• Subcontracts
Check out NAHB Contracts today to get updated legal documents that will protect your business and help you get back to building and remodeling homes. NAHB members received discounted pricing on the contracts.
In the latest episode of NAHB's podcast, Housing Developments, co-hosts CEO Jim Tobin and SVP of Communications Paul Lopez discuss the importance of yesterday's Supreme Court decision rescinding key parts of the Biden Administration's Waters of the U.S. (WOTUS) rule.
The pair also talk about some recent positive data for
the housing and home building industry and the political landscape now that the Republican presidential nominee field is rapidly growing.
Listen to Housing Developments wherever you get your podcasts.
2600 Gateway Ave, Ste 1 Bismarck, ND 58503