Illinois Wetlands Bill Defeated, Supporters Vow to Continue Fight

Isolated wetlands, and the wildlife that depends on them, remain largely unprotected in Illinois after legislators in Springfield voted down HB 6013, The Wetland Protection Act, introduced by Rep. Karen May (D-Lake).

May's bill would have required developers to obtain a permit from the Illinois Department of Natural Resources (IDNR) before damaging wetlands no longer covered by federal law. (In January 2001, the Supreme Court ruled that "isolated" wetlands — those not linked to interstate waterways — do not fall under the jurisdiction of the Army Corps of Engineers. In the first year since the ruling, some 262 filling and dredging projects in the Chicago area went forward without public protection.)

Under strong pressure by realtors, homebuilders, farm groups and aggregate manufacturers, legislators debated roughly thirty minutes before voting (31 yeas, 55 nays, 29 present) to defeat the bill. Opponents cited property rights and increased costs to developers, despite the fact that the measure aimed solely to restore protections that previously existed at the federal level.

Lake, DuPage and Kane Counties have, in the meantime, stepped in to provide protection at the county level. Counties would have continued their own wetland programs under HB 6013 as long as they met state regulations, a sore spot for homebuilders who vow they want statewide standards with no allowances for local control.

The Sierra Club, Environmental Law and Policy Center, The Nature Conservancy and Openlands joined Reps. May, Dave Winters, Beth Coulson and Ricca Slone in advocating for the bill's passage. This summer May will seek additional supporters statewide and will work with IDNR on permitting and fees issues. Those interested in working with May should contact her district office at (847) 948-0060 or karenmay60@aol.com. — Rebecca Grill