"Many in the landscape, agriculture and manufacturing sectors read the rule as having the ability to control what people can build or plant in or around streams, ponds, ditches and stormwater runoff areas, greatly expanding the scope of waters subject to the Clean Water Act (CWA) regulation well beyond the law’s intent.

Under current law, the CWA applies to “navigable waters.” Under the proposed rule, permits may be required for activities such as removing debris and vegetation from a ditch, applying pesticides, and building a fence or pond or be required by cities when discharging pollutants.

Permitting can be a costly and time-consuming process that requires small businesses to hire attorneys and environmental consultants. In addition, the future development potential of certain land may be affected, which could diminish its value. Businesses also could be subject to litigation under citizen suit provisions of the CWA."

https://www.alcc.com/what-is-a-wotus-