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IL HB3596
Bill
Status
2/7/2025
Primary Sponsor
Anna Moeller
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AI Summary
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Creates the Wetlands Protection Act requiring permits from the Department of Natural Resources for discharging dredged or fill material into state jurisdictional wetlands, filling a gap left by the 2023 Supreme Court decision in Sackett v. EPA that removed federal Clean Water Act protections from many Illinois wetlands
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Establishes a three-tier wetland classification system with Class I wetlands (bogs, bottomland hardwood forests, fens, endangered species habitat) requiring 5:1 mitigation ratios, Class II wetlands (over 0.5 acres) requiring 3:1 ratios, and Class III wetlands (0.1-0.5 acres) requiring 1.5:1 to 2:1 ratios
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Exempts normal farming, silviculture, and ranching activities, maintenance of existing structures, farm ponds, irrigation ditches, and prior converted cropland, as well as renewable energy facilities that commenced construction before rules take effect
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Authorizes counties and special districts with existing stormwater management programs (including Lake, Cook, Kane, McHenry, and DuPage Counties and the Metropolitan Water Reclamation District) to administer permits locally instead of requiring state permits
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Establishes civil penalties up to $10,000 per day for violations payable to a new Wetlands Protection Fund, allows complaints to be filed with the Illinois Pollution Control Board, and requires the Department to adopt implementing rules within one year
Legislative Description
WETLANDS PROTECTION ACT
Last Action
Added Co-Sponsor Rep. Justin Cochran
3/13/2026