summary
Introduced
01/29/2025
01/29/2025
In Committee
03/21/2025
03/21/2025
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
Amends the Rivers, Lakes, and Streams Act. Provides that the public right to access and use navigable waters includes all rights recognized by State or federal law, including the rights set forth in the Northwest Ordinance of 1787 and the federal navigational servitude, and all rights arising under the public trust doctrine, which shall be understood and applied in a manner consistent with the spirit of the Act to maximize the full and free enjoyment of State waters by the public. Provides that any segment of a lake, river, or stream that is capable of supporting use by commercial or recreational watercraft for a substantial part of the year, or that is actually so used, shall be deemed navigable, and shall be open to public access and use, unless the contrary is proven in litigation by a preponderance of the evidence. Provides that public uses in such waters shall include boating, tubing, fishing, swimming, and wading. Requires the Department of Natural Resources to protect such public uses against interference or encroachment as provided in the Act. Provides that no action or inaction by the Department of Natural Resources shall create a presumption, in any civil or criminal litigation, against the navigability of any waterway segment. Provides that the public right to access and use navigable waters shall be subject to specified protections and limitations, a violation of which shall be punished as otherwise provided by law, and, if likely to continue, enjoined by a court of competent jurisdiction. Provides that nothing in the Act shall limit the right of any person to challenge the legality of alleged interference with the public right to access or use navigable waters in any appropriate civil or criminal litigation.
AI Summary
This bill amends the Rivers, Lakes, and Streams Act to expand and clarify public access rights to navigable waters in Illinois. The bill defines navigable waters more broadly, stating that any waterway capable of supporting commercial or recreational watercraft for a substantial part of the year is considered navigable and open to public access, unless proven otherwise in court. Public uses of these waters are explicitly defined to include boating, tubing, fishing, swimming, and wading. The bill establishes key protections and limitations for public water access, such as prohibiting interference with public water use, allowing reasonable touching of water beds and adjacent lands during lawful activities, requiring users to avoid littering, and mandating that users obtain permission when entering or exiting from non-public property. The Department of Natural Resources is tasked with protecting public water use against interference, and the bill ensures that no action or inaction by the department can be used to challenge a waterway's navigability. Importantly, the legislation preserves local governments' authority to regulate public property and does not alter existing permit requirements or departmental responsibilities. The bill draws on historical legal principles, including rights established in the Northwest Ordinance of 1787 and the public trust doctrine, to maximize public enjoyment of state waters.
Committee Categories
Agriculture and Natural Resources
Sponsors (10)
Janet Yang Rohr (D)*,
Harry Benton (D),
Kelly Cassidy (D),
Terra Costa Howard (D),
Dan Didech (D),
Will Guzzardi (D),
Anna Moeller (D),
Suzanne Ness (D),
Bob Rita (D),
Anne Stava-Murray (D),
Last Action
Removed Co-Sponsor Rep. Maura Hirschauer (on 04/03/2025)
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.ilga.gov/legislation/BillStatus.asp?DocNum=1873&GAID=18&DocTypeID=HB&SessionID=114&GA=104 |
| BillText | https://www.ilga.gov/legislation/104/HB/10400HB1873.htm |
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