IL HB5386

Creates the Wetlands and Small Streams Protection Act to restore state-level protections for wetlands and small streams no longer covered by federal Clean Water Act following the Sackett v. EPA Supreme Court decision.

Establishes a permit system requiring individuals to obtain either individual or general permits from the Illinois Department of Natural Resources before discharging dredged or fill material into protected wetlands or small streams, with different permit requirements based on wetland/stream classification (Class I, II, or III).

Requires compensatory mitigation for regulated activities using mitigation ratios ranging from 5:1 for Class I wetlands to 1:1 for Class III wetlands through on-site restoration, mitigation banks, or in-lieu fee programs.

Creates the Wetlands and Small Streams Advisory Committee with 17 voting members representing business, environmental groups, counties, municipalities, and building trades to advise the Department on implementation and provide recommendations.

Establishes the Wetlands and Small Streams Protection Fund to receive civil penalties (up to $10,000 per day of violation) and appropriated funds for technical assistance, grants, inventory mapping, and program administration, while allowing counties with approved stormwater management programs to implement equivalent protections.