Bill
SB 2401
Creates a state wetlands permit system requiring approval for any dredge/fill, with mitigation options and penalties to protect water quality and habitat.
Status and timeline
- Introduced in early 2025 (filed Feb. 7, 2025 per bill record).
- Passed both chambers and approved by the Governor (enrolled bill signed Mar. 5–6, 2025).
- Act takes effect immediately upon enactment.
Purpose and intent
- Establishes a State-level permitting and protection program for State-jurisdictional wetlands to replace and reinforce protections lost or narrowed under recent federal decisions (notably Sackett v. EPA).
- Declares legislative findings about historic wetland losses in Illinois, the ecosystem and flood‑control services wetlands provide, and the need for state action to maintain water quality, habitat, and climate resilience.
Key provisions
- Prohibition: No person may discharge dredged or fill material into a State‑jurisdictional wetland except under a permit issued under this Act.
- Permit types:
- Individual permits (application procedures set out in the Act).
- General permits: DNR may pre‑authorize categories of activities with minimal adverse effects; regulated parties may proceed under applicable general permits subject to preconstruction notification requirements.
- After‑the‑fact permits: Authorized in certain emergency circumstances.
- Water quality certification: The Department shall not issue an individual permit unless the Environmental Protection Agency (EPA) certifies to the Department that issuance will not violate State water quality standards (as specified in the Act).
- Mitigation: Authorizes mitigation banks and in‑lieu fee programs; sets procedures and financial‑assurance requirements for mitigation and for permittees required to offset impacts.
- Delegation: Counties and special districts with approved stormwater programs may be approved to issue permits under the Act instead of the Department of Natural Resources (DNR).
- Rulemaking, reports, and studies: Grants DNR (and related agencies) authority to adopt rules, prepare required studies/reports, and set permit review fees by rule. Establishes standards (e.g., for “approved wetland specialists”) and definitions (e.g., “adjacent” wetlands).
- Enforcement and remedies:
- Civil penalties up to $10,000 per day of violation (plus interest and certain costs) payable to a newly established Wetlands Protection Fund.
- Enforcement actions may be brought by State’s Attorneys or the Attorney General; citizens may file complaints with the Illinois Pollution Control Board concerning violations, permit conditions, or rules.
- Exemptions: The Act exempts certain activities from permitting requirements (text truncated in source), and provides procedural detail on application review, preconstruction notifications, and permit conditions.
Who is affected
- Private landowners, developers, contractors, agricultural operators, and municipalities who conduct dredge/fill or land‑disturbing activities in State‑jurisdictional wetlands.
- Local governments and special districts that may apply for approval to administer permits.
- Conservation organizations, mitigation bankers, and regulated communities that will participate in mitigation or in‑lieu fee programs.
- State agencies (DNR, EPA, Illinois Environmental Protection Agency) involved in permitting, certification, and enforcement.
Potential impacts
- Restores or expands State regulatory coverage of wetlands and fills gaps left by narrowed federal jurisdiction, likely increasing permit needs and compliance obligations for activities affecting wetlands.
- Could slow or alter development in wetland areas but aims to reduce flood/damage risk and protect water quality and habitat through avoidance, minimization, and compensatory mitigation.
- Creates a mitigation market (banks/in‑lieu fees) and a new Wetlands Protection Fund supported by penalties and permit fees.
Reference: SB2401 (Wetlands Protection Act), enacted 2025.
Compiled from official sources — confirm details with the bill’s official record.
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