SPRINGFIELD – To restore previous protections for Illinois’ wetlands, State Senator Laura Ellman is sponsoring legislation to safeguard small streams and wetlands that are no longer covered by the U.S. Clean Water Act.

“Illinois waterways and wetlands are left more threatened than ever and need protection to ensure we have safe drinking water, flood mitigation and healthy communities,” said Ellman (D-Naperville). “This legislation fills the need to create a long-term program to protect our state waters that are now excluded from the Clean Water Act.”

Senate Bill 3669 would create the Wetlands and Small Streams Protection Act to restore protections to wetlands and small streams under state-level regulations from the Illinois Department of Natural Resources.

A 2023 U.S. Supreme Court decision in Sackett v. EPA weakened protections for small streams and wetlands under the U.S. Clean Water Act. According to IDNR, Illinois has lost 90% of its wetlands. There is a growing recognition of the value wetlands provide, as they absorb heavy rainfalls and reduce local flooding, then slowly release and filter that water. Wetlands are also home to fish, birds and other wildlife, which offers environmental and recreational benefits around the state. Currently, Illinois lacks a comprehensive program to safeguard these wetlands and streams that are no longer federally protected. Ellman’s measure will restore protections for these valuable water resources.

“The Supreme Court ruling muddied the waters about what streams and wetlands are or are not protected. Our proposed legislation will provide clear, long-term guidance that allows businesses and developers to plan accordingly and an efficient, fair permitting process,” said Ellman. “It is a common sense approach in the wake of the Supreme Court’s decision, and the stakes here in Illinois could not be higher.”

Senate Bill 3669 passed the Senate Judiciary Committee on Tuesday and heads to the full Senate for consideration.