Illinois Senate Given Chance to Preserve Wetlands

Illinois' isolated wetlands may again be protected if the state senate approves pioneering wetland legislation in the fall veto session, which begins November 3.

In the Chicago metropolitan area alone, the Sierra Club has identified 255 wetlands "at risk" because of the 2001 U.S. Supreme Court ruling which said that isolated wetlands — those not directly connected to a navigable waterway — no longer qualified for federal protection. Unlike some other states, Illinois has no comprehensive wetlands program to fall back on.

The Illinois Wetlands Protection Act passed the state house in the late hours of the spring session by a vote of 65 to 48. Sponsored by Representative Karen May (D-Highland Park), the bill had the support of a broad-based group of environmentally minded legislators as well as more than 50 organizations. Senator Terry Link (D–Lake Bluff) is the chief sponsor of the bill in the senate.

"Legislators clearly understand the urgency of HB 422, especially given the amount of time that has passed since the Supreme Court decision created a loophole in wetlands protection," notes Jonathan Goldman, executive director for the Illinois Environmental Council (IEC).

While providing state-level protections for wetlands no longer under federal jurisdiction, HB 422 preserves the right of county storm water commissions to regulate wetland functions. Oversight would rest with the Illinois Department of Natural Resources. The program is designed to pay for itself through revenues generated from application and other fees.

The IEC has formed a Clean Water Task Force, which is hard at work on advocacy for the new law. "Legislators are definitely going to be hearing from us," promises Goldman. To learn more, see the IEC Web site or call (217) 544-5954.

—Rebecca Grill