SB 761 — ISOLATED WETLANDS PROTECTION
Last action — Session Sine Die
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 94th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Creates the Isolated Wetlands Protection Act. Provides that subject to certain conditions no person may conduct or cause to be conducted a regulated activity within or affecting an isolated wetland in such a manner that the biologic or hydrologic integrity of the isolated wetland is impaired except in accordance with the terms of an individual permit issued by the Agency or authorized by the Agency. Sets forth various conditions and requirements of permits and classifications of isolated wetlands. Provides for the formation of an Illinois Wetlands Advisory Committee. Authorizes judicial review of classifications of isolated wetlands or denial of permits after review by the Pollution Control Board. Authorizes the Agency to investigate violations of the Act and to pursue enforcement under certain procedures of the Environmental Protection Act. Sets forth certain fees for permits. Preempts home rule in certain circumstances. Provides that Sections of the Act are severable. Amends the State Finance Act to create the Isolated Wetlands Management Fund. Effective immediately.
Bill Text
What changed in the latest version
664 added · 691 removedPlain-language change summary
The recent amendments to SB 761 focus on the management of isolated wetlands in Illinois by defining clearer regulatory requirements and exemptions. Notably, activities governed by the Interagency Wetland Policy Act are exempt from this new legislation, which simplifies compliance for those activities. Additionally, there's now a more structured process for how isolated wetlands will be delineated, classified, and permitted, aiming to protect their ecological integrity. These changes are important as they balance the need for environmental protection with practical considerations for land use and development.
*LRB09410143RSP40405b* SB0761 94THEngrossed GENERALLRB094 ASSEMBLY10143 StateRSP of40405 Illinoisb andAN 2006ACT SB0761concerning Introducedisolated 2/18/2005,wetlands. by Sen.
James F.
Clayborne, Jr.
SYNOPSIS AS INTRODUCED:
New Act ILCS 105/5.640 new Creates the Isolated Wetlands Protection Act.
Provides that subject to certain conditions no person may conduct or cause to be conducted a regulated activity within or affecting an isolated wetland in such a manner that the biologic or hydrologic integrity of the isolated wetland is impaired except in accordance with the terms of an individual permit issued by the Agency or authorized by the Agency.
Sets forth various conditions and requirements of permits and classifications of isolated wetlands.
Provides for the formation of an Illinois Wetlands Advisory Committee.
Authorizes judicial review of classifications of isolated wetlands or denial of permits after review by the Pollution Control Board.
Authorizes the Agency to investigate violations of the Act and to pursue enforcement under certain procedures of the Environmental Protection Act.
Sets forth certain fees for permits.
Preempts home rule in certain circumstances.
Provides that Sections of the Act are severable.
Amends the State Finance Act to create the Isolated Wetlands Management Fund.
Effective immediately.
LRB094 10143 RSP 40405 b FISCAL NOTE ACT MAY APPLY A BILL FOR SB0761 LRB094 10143 RSP 40405 b AN ACT concerning isolated wetlands.
"Converted wetland" means a wetland that has been drained, SB0761 Engrossed - 2 - LRB094 10143 RSP 40405 b dredged, filled, leveled, or otherwise manipulated (including the removal of woody vegetation or any activity that results in impairing or reducing the flow and circulation of water) for the purpose of or to have the effect of making possible the production of an agricultural commodity without further application of the manipulations described herein if:
"Isolated wetlands" means those areas that are inundated or saturated by surface or ground water at a frequency or duration sufficient to support, and that under normal circumstances do SB0761 Engrossed - 3 - LRB094 10143 RSP 40405 b support, a prevalence of vegetation typically adapted for life in saturated soil conditions, and that are not regulated under the federal Clean Water Act (33 U.S.C.
"Threatened or endangered species" means those species that have been designated as threatened or endangered by the Illinois Endangered Species Protection Board pursuant to the Illinois Endangered Species Protection Act and those species SB0761 Engrossed - 4 - LRB094 10143 RSP 40405 b that have been designated as threatened or endangered by the U.S.
Fish and Wildlife Service pursuant to the Endangered Species Act (35 U.S.CU.S.C. §§ 1531-1544).
§§ 1531-1544).
(5) Construction or maintenance of farm roads or forest roads, or temporary roads for moving mining equipment, SB0761 Engrossed - 5 - LRB094 10143 RSP 40405 b where such roads are constructed and maintained in accordance with best management practices to assure that flow and circulation patterns and chemical and biological characteristics of the isolated wetland are not impaired, that the reach of the isolated wetland is not reduced, and that any adverse effect on the aquatic environment will be otherwise minimized.
The use of chemicals must be SB0761 Engrossed - 6 - LRB094 10143 RSP 40405 b by a certified applicator and the chemicals must be registered for appropriate use.
(i) the ownership of the property containing the depression has been transferred away from the party who incidentally created the water-filled depression, the ownership transfer occurred more than 12 months prior to the commencement of an otherwise regulated activity, the use of the property has changed from the use that existed SB0761 Engrossed - 7 - LRB094 10143 RSP 40405 b when the property was transferred from the party who incidentally created the water-filled depression, and the resulting body of water meets the definition in this Act of a wetland, or (ii) the ownership of the property has not been transferred from the party who created the incidentally created water-filled depression, and the depression was not created more than 33 years before the date the permit application is received by the Agency, or (iii) the incidently created water-filled depression was created by mining activities regulated in accordance with subdivision (c)(7) of this Section.
(d) Any activity covered by the Interagency Wetland Policy Act of 1989 is exempt from all of the provisions of this Act.
In the event that an isolated wetland ceases to meet this definition because it becomes subject to regulation under the federal Clean Water Act, such wetland shall no longer be SB0761 Engrossed - 8 - LRB094 10143 RSP 40405 b subject to the provisions of this Act.
SB0761 - 8 - LRB094 10143 RSP 40405 b Section 25.
The Agency shall, upon receipt of a complete determination request, provide the person, within 30 days, with a determination as to the existence, location, and surface area SB0761 Engrossed - 9 - LRB094 10143 RSP 40405 b of isolated wetlands located on or contiguous to the affected property.
SB0761 - 9 - LRB094 10143 RSP 40405 b If the Agency determines that there are no isolated wetlands on the affected property, any otherwise regulated activity conducted on the property shall not be subject to the provisions of this Act.
SB0761 Engrossed - 10 - LRB094 10143 RSP 40405 b (A) the isolated wetland is or encompasses a bog;
SB0761 - 10 - LRB094 10143 RSP 40405 b (C) the isolated wetland is or encompasses a panne;
SB0761 Engrossed - 11 - LRB094 10143 RSP 40405 b (d) Subject to the provisions of Section 35 regarding general permits, no person may conduct or cause to be conducted SB0761 - 11 - LRB094 10143 RSP 40405 b a regulated activity within or affecting an isolated wetland in such a manner that the biologic or hydrologic integrity of the isolated wetland is impaired within the scope of this Act, except in accordance with the terms of an individual permit issued by the Agency or an authorization to proceed as applicable under this Section.
When the type and functions of the isolated wetland that will be affected by the activity cannot be adequately restored to the maximum degree practicable by the ratio allowed in this paragraph (C), the Agency may, on a case-by-case basis, increase this ratio based on site-specific criteria to be developed SB0761 Engrossed - 12 - LRB094 10143 RSP 40405 b by rules.
Such mitigation shall be consistent with rules adopted by the Board and may consist of actual SB0761 - 12 - LRB094 10143 RSP 40405 b replacement or participation in a mitigation banking program or other compensation program approved by the Agency.
SB0761 Engrossed - 13 - LRB094 10143 RSP 40405 b (3) Class III.
(A) A permit to conduct a regulated activity SB0761 - 13 - LRB094 10143 RSP 40405 b affecting a Class III isolated wetland within the scope of this Act shall be granted if documentation is submitted demonstrating that a minimization plan to minimize or alleviate the impact on the isolated wetland has been developed and applied as reasonably appropriate.
(B) Prior notification shall include (1) a sketch that reasonably depicts the area that will be affected by the regulated activity, including isolated wetland SB0761 Engrossed - 14 - LRB094 10143 RSP 40405 b and water boundaries for the areas affected and the existing land uses and structures;
(2) a description of SB0761 - 14 - LRB094 10143 RSP 40405 b the proposed activity, including its purpose;
(1) a sketch that reasonably depicts the area that will be affected by the regulated activity, including SB0761 Engrossed - 15 - LRB094 10143 RSP 40405 b wetland and water boundaries for the areas affected and the existing land uses and structures;
(2) a description of the SB0761 - 15 - LRB094 10143 RSP 40405 b proposed activity, including its purpose;
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SB0761 Engrossed - 16 - LRB094 10143 RSP 40405 b (g) Any person may submit concurrent requests for determination and delineation, classification, and a permit SB0761 - 16 - LRB094 10143 RSP 40405 b application or provision of notification.
(b) Permits for all categories of activities, subject to the same permit limitations and conditions, that are the subject of a nationwide permit issued by the COE, in effect on SB0761 Engrossed - 17 - LRB094 10143 RSP 40405 b the date of the enactment of this Act, are adopted as general permits covering regulated activities subject to this Act.
SB0761 - 17 - LRB094 10143 RSP 40405 b (c) The Agency may adopt general permits covering other activities that would be subject to the same permit limitations and conditions, if it determines that the activities in such a category will cause only minimal adverse environmental effects when performed separately, will have only minimal cumulative adverse effect on the environment, will not cause or contribute to a violation of State water quality standards when performed separately, and will have only a minimal cumulative adverse effect on water quality.
A general permit may be revoked or modified by the Agency if, after opportunity for public hearing, the Agency determines that the activities authorized by the general permit have an adverse impact on the environment, cause or contribute to a violation of stateState water quality standards, or are more appropriately authorized by individual permits.
SB0761 Engrossed - 18 - LRB094 10143 RSP 40405 b (f) The Agency must respond to a notice of intent to proceed under a general permit issued under this Section within SB0761 - 18 - LRB094 10143 RSP 40405 b 30 days after the Agency receives the notice.
The Committee shall include 3 other members as determined SB0761 Engrossed - 19 - LRB094 10143 RSP 40405 b by the Governor.
Members of the Committee may organize themselves as they deem necessary and shall serve without SB0761 - 19 - LRB094 10143 RSP 40405 b compensation.
The joint request may seek an appeal period not exceeding 125 days from the date of service of the Agency’s final decision to file a petition for SB0761 Engrossed - 20 - LRB094 10143 RSP 40405 b review under this Section.
The Board shall publish notice in a newspaper of general circulation in the county where the SB0761 - 20 - LRB094 10143 RSP 40405 b regulated activity at issue is located for a period of 21 days.
SB0761 Engrossed - 21 - LRB094 10143 RSP 40405 b (d) In hearings before the Board to enforce provisions of this Act, the burden shall be on the Agency to show either that SB0761 - 21 - LRB094 10143 RSP 40405 b the respondent has violated or threatened to violate a provision of this Act or a rule adopted hereunder, or a permit or a term or condition thereof.
SB0761 Engrossed - 22 - LRB094 10143 RSP 40405 b (1) The duration and gravity of the violation.
(2) The presence or absence of due diligence on the SB0761 - 22 - LRB094 10143 RSP 40405 b part of the person in attempting to comply with requirements of this Act and rules adopted hereunder or to secure relief therefrom as provided by this Act.
$500 if the site is SB0761 Engrossed - 23 - LRB094 10143 RSP 40405 b between 1 and 10 acres;
In SB0761 - 23 - LRB094 10143 RSP 40405 b the event that the Agency is required to review a mitigation plan for a site, an additional fee is required at the time the applicant is notified that such a review is required.
$1000$1,000 if the affected isolated wetland is between 0.5 and 2 acres;
$1250$1,250 if the affected isolated wetland is between 2.0 and 5.0 acres;
(c) There is hereby created in the State Treasurytreasury a special fund to be known as the Isolated Wetlands Management Fund.
This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised SB0761 Engrossed - 24 - LRB094 10143 RSP 40405 b by the State.
(b) If a county government has implemented an isolated SB0761 - 24 - LRB094 10143 RSP 40405 b wetlands regulation program prior to March 1, 2003, the county is authorized to regulate isolated wetlands until July 1, 2007.
(3) At the time of filing a permit application or SB0761 Engrossed - 25 - LRB094 10143 RSP 40405 b notification with the county government, the person shall file a certification with the Agency attesting to such SB0761 - 25 - LRB094 10143 RSP 40405 b filing.
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Action History
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Session Sine Die
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Added Alternate Chief Co-Sponsor Rep. David E. Miller
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Rule 19(a) / Re-referred to Rules Committee
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Added Alternate Chief Co-Sponsor Rep. Terry R. Parke
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Assigned to Environment & Energy Committee
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Referred to Rules Committee
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First Reading
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Chief House Sponsor Rep. Thomas Holbrook
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Placed on Calendar Order of First Reading
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Arrived in House
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Motion Withdrawn Sen. Carol Ronen; to Reconsider Vote
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Motion Filed to Reconsider Vote Sen. Carol Ronen
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Third Reading - Passed; 034-017-000
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Added as Co-Sponsor Sen. Louis S. Viverito
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Added as Co-Sponsor Sen. Bill Brady
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Placed on Calendar Order of 3rd Reading April 12, 2005
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Second Reading
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Placed on Calendar Order of 2nd Reading March 15, 2005
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Do Pass as Amended Environment & Energy; 010-003-000
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Senate Committee Amendment No. 1 Adopted
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Senate Committee Amendment No. 1 Rules Refers to Environment & Energy
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Senate Committee Amendment No. 1 Referred to Rules
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Senate Committee Amendment No. 1 Filed with Secretary by Sen. James F. Clayborne, Jr.
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Held in Environment & Energy
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Assigned to Environment & Energy
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Referred to Rules
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First Reading
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Filed with Secretary by Sen. James F. Clayborne, Jr.
Sponsors
- Jr. James F. Clayborne · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 1 co-sponsors · 182 not signed on · 4 voted No
Sponsors (0)
None.
Co-sponsors (1)
- James F. Clayborne, Jr.
Not signed on (182)
182 members have not signed on to this bill.
Show all 182 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 31 | 14 | 0 | 8 |
| Democrat | 2 | 3 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 34 | 17 | 0 | 8 |
| % of votes cast | 58% | 29% | 0% | 14% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Sandoval | — | Yea |
| Silverstein | — | Yea |
| Maloney | — | Yea |
| Althoff | — | Nay |
| Martinez | — | Not Voting |
| Bomke | — | Yea |
| Burzynski | — | Yea |
| Meeks | — | Yea |
| Haine | — | Yea |
| Halvorson | — | Not Voting |
| Lauzen | — | Nay |
| Brady | — | Yea |
| Link | — | Nay |
| Sullivan, D. | — | Yea |
| Luechtefeld | — | Nay |
| Sullivan, J. | — | Yea |
| Jacobs | — | Yea |
| Jones, J. | — | Yea |
| Watson | — | Yea |
| Demuzio | — | Yea |
| Radogno | — | Nay |
| Schoenberg | — | Nay |
| Sieben | — | Yea |
| Cullerton | — | Nay |
| Munoz | — | Not Voting |
| Trotter | — | Yea |
| Petka | — | Not Voting |
| Viverito | — | Yea |
| Jones, W. | — | Not Voting |
| Wilhelmi | — | Yea |
| Winkel | — | Yea |
| Wojcik | — | Nay |
| Clayborne | — | Yea |
| Cronin | — | Nay |
| Crotty | — | Yea |
| Dahl | — | Yea |
| DeLeo | — | Yea |
| Dillard | — | Nay |
| Forby | — | Yea |
| Garrett | — | Nay |
| Geo-Karis | — | Nay |
| Hendon | — | Not Voting |
| Shadid | — | Yea |
| Pankau | — | Nay |
| Peterson | — | Yea |
| Raoul | — | Yea |
| Rauschenberger | — | Not Voting |
| Righter | — | Yea |
| Risinger | — | Yea |
| Ronen | — | Yea |
| Roskam | — | Not Voting |
| Rutherford | — | Yea |
| del Valle | — | Nay |
| Don Harmon | Democrat | Nay |
| Emil Jones, III | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Nay |
| Mattie Hunter | Democrat | Nay |
| Dave Syverson | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 761 do?
- Creates the Isolated Wetlands Protection Act. Provides that subject to certain conditions no person may conduct or cause to be conducted a regulated activity within or affecting an isolated wetland in such a manner that the biologic or hydrologic integrity of the isolated wetland is impaired except in accordance with the terms of an individual permit issued by the Agency or authorized by the Agency. Sets forth various conditions and requirements of permits and classifications of isolated wetlands. Provides for the formation of an Illinois Wetlands Advisory Committee. Authorizes judicial review of classifications of isolated wetlands or denial of permits after review by the Pollution Control Board. Authorizes the Agency to investigate violations of the Act and to pursue enforcement under certain procedures of the Environmental Protection Act. Sets forth certain fees for permits. Preempts home rule in certain circumstances. Provides that Sections of the Act are severable. Amends the State Finance Act to create the Isolated Wetlands Management Fund. Effective immediately.
- Who sponsors SB 761?
- SB 761 is sponsored by James F. Clayborne, Jr..
- What is the current status of SB 761?
- This bill died with 94th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 761?
- Track SB 761 free on One Click Politics — get push/email alerts when it moves.
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