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HB 3596

Relating to wildlife management; declaring an emergency.

2025 Regular Session Introduced by Court Boice and 3 co-sponsors

Establishes Illinois state wetlands protection program requiring DNR permits for any discharge into state-jurisdictional wetlands, with IEPA certification and fees.

In committee upon adjournment.
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Bill Summary · HB 3596

HB 3596 — Wetlands Protection Act (Introduced 2025)

Sponsor: Rep. Anna Moeller; many co‑sponsors (see bill history). Status: In committee upon adjournment (6/28/2025).

Purpose / Intent

HB 3596 creates the Wetlands Protection Act to establish State permitting and protection for State‑jurisdictional wetlands in Illinois. The bill responds to historic wetland losses and to reduced federal coverage of certain waters (noting Sackett v. EPA), with the intent to restore and maintain wetland functions (flood control, water quality, habitat, groundwater recharge, recreation, etc.) under State law.

Key provisions

  • Establishes a State permitting program: prohibits discharge of dredged or fill material into State‑jurisdictional wetlands except under a permit issued by the Department of Natural Resources (DNR).
  • Permit types:
    • Individual permits (application procedures and conditions).
    • General permits: pre‑authorize categories of activities with minimal adverse effects; regulated parties may proceed under an applicable general permit.
    • After‑the‑fact permits: may be issued in certain emergency circumstances.
  • EPA certification requirement: DNR may not issue an individual permit unless the Illinois Environmental Protection Agency (IEPA) certifies no violation of State water quality standards.
  • Exemptions: the Act exempts certain activities from permitting (bill text lists specific exemptions; those provisions were not fully included in the excerpt).
  • Mitigation, mitigation banks, and in‑lieu fee programs: authorizes establishment/operation of mitigation banks and in‑lieu fee programs; sets procedures and financial assurance requirements to ensure compensatory mitigation.
  • Preconstruction notification procedures for activities under general permits.
  • Delegation: allows approved counties or special districts with approved stormwater programs to issue permits in lieu of DNR within their jurisdictions.
  • Rulemaking and studies: grants DNR rulemaking authority and requires preparation of reports/studies.
  • Fees and fund: creates a Wetlands Protection Fund; permit review fees to be set by rule and corresponding changes to the State Finance Act.
  • Definitions and findings: codifies findings about wetland loss, benefits, and climate resilience.

Enforcement, appeals, and penalties

  • Investigations by DNR; enforcement actions may be brought by a State's Attorney or the Attorney General.
  • Civil penalty up to $10,000 per day of violation; penalties, interest after judgment, and certain costs/fees directed to the Wetlands Protection Fund.
  • Any person may file a complaint with the Illinois Pollution Control Board regarding alleged violations, permit conditions, or related Board orders.
  • Provides for review of final Department decisions (administrative/appeal processes described in the bill).

Who would be affected

  • Property owners, developers, construction/fill operations, utilities, transportation projects, and other entities that propose discharges or activities in State‑jurisdictional wetlands.
  • Counties and special districts with approved stormwater programs (may assume permitting authority).
  • Environmental regulators (DNR, IEPA, Pollution Control Board) and litigants (State's Attorneys, Attorney General).

Procedural / timeline notes

  • Bill introduced (2/18/2025) by Rep. Anna Moeller; public hearing (3/24), work session (4/9); recommended “do pass” and referred to Ways & Means (4/15). As of 6/28/2025 the bill was in committee upon adjournment.
  • Effective immediately (bill includes emergency declaration).

Potential impacts (high‑level)

  • Restores State regulatory protections for wetlands not covered federally, likely increasing permitting requirements and compliance costs for activities affecting wetlands.
  • Creates state oversight capacity for mitigation and funding for restoration via permit fees and the Wetlands Protection Fund.
  • Could shift some permitting duties to approved counties/districts, affecting local program operations.

Compiled from official sources — confirm details with the bill’s official record.

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