summary
Introduced
02/07/2025
02/07/2025
In Committee
02/17/2026
02/17/2026
Crossed Over
Passed
Dead
Introduced Session
Potential new amendment
104th General Assembly
Bill Summary
Creates the Wetlands Protection Act. Provides that no person may discharge dredged or fill material into a State jurisdictional wetland except with a permit issued by the Department of Natural Resources. Exempts certain activities from the requirements of the Act. Sets forth procedures for individual permit applications and other related procedural requirements. Provides that the Department shall not issue an individual permit unless the Environmental Protection Agency certifies to the Department that there will not be a violation of State water quality standards. Provides that the Department may issue an after-the-fact permit in certain emergency circumstances. Sets forth financial assurance requirements. Authorizes the Department to adopt general permits under the Act. Provides that any person who intends to conduct a regulated activity may do so in accordance with a general permit issued by the Department, which pre-authorizes a category of activities with minimal adverse effects. Provides procedures and requirements regarding preconstruction notifications. Provides that certain entities may establish and operate a mitigation bank or in lieu fee program. Describes procedures and requirements for mitigation banks. Grants the Department rulemaking powers. Provides that the Department shall prepare certain reports and studies. Provides for the review of final decisions of the Department. Provides for investigations by the Department and enforcement by a State's Attorney or the Attorney General. Provides for a civil penalty not to exceed $10,000 per day of violation, with interest after judgment, and with certain costs, fees, and expenses, payable to the Wetlands Protection Fund. Provides that any person may file a complaint with the Illinois Pollution Control Board concerning a violation of the Act, a rule adopted under the Act, a condition of a permit issued under the Act, or an order of the Pollution Control Board issued under the Act. Provides for county and special district stormwater program authorities to control or regulate activities in any wetlands within their jurisdiction. Establishes the Wetlands Protection Fund. Provides that a permit review fee for all permit applications is to be set by the Department by rule. Makes corresponding changes to the State Finance Act. Makes findings. Defines terms. Effective immediately.
AI Summary
This bill creates the Wetlands Protection Act to establish a comprehensive regulatory framework for protecting and managing wetlands in Illinois. The legislation was prompted by the significant loss of wetlands in the state (from 8.2 million acres in 1818 to less than 9% remaining) and recent federal rollbacks of Clean Water Act protections. The bill requires permits for discharging dredged or fill material into state jurisdictional wetlands, with different requirements based on wetland classification (Class I, II, or III). Permits will be issued by the Department of Natural Resources after a review process that prioritizes avoiding, minimizing, and mitigating impacts to wetlands. The act establishes a Wetlands Protection Fund to support wetlands restoration and management, allows for mitigation banking and in-lieu fee programs, and provides enforcement mechanisms with potential civil penalties up to $10,000 per day for violations. The bill also allows counties and special districts to develop their own wetlands protection programs, subject to state approval, and includes specific exemptions for certain agricultural, maintenance, and emergency activities. The legislation aims to protect wetlands' critical ecological functions, including flood control, water quality improvement, habitat preservation, and support for biodiversity.
Committee Categories
Agriculture and Natural Resources
Sponsors (23)
Anna Moeller (D)*,
Diane Blair-Sherlock (D),
Margaret Croke (D),
Martha Deuter (D),
Dan Didech (D),
Jen Gong-Gershowitz (D),
Will Guzzardi (D),
Barbara Hernandez (D),
Lisa Hernandez (D),
Maura Hirschauer (D),
Hoan Huynh (D),
Lilian Jiménez (D),
Tracy Katz Muhl (D),
Lindsey LaPointe (D),
Theresa Mah (D),
Rita Mayfield (D),
Michelle Mussman (D),
Kevin Olickal (D),
Anne Stava-Murray (D),
Nabeela Syed (D),
Maurice West (D),
Ann Williams (D),
Janet Yang Rohr (D),
Last Action
Added Co-Sponsor Rep. Lilian Jiménez (on 03/09/2026)
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