On April 9, State Senator Laura Ellman filed legislation to impose sweeping new regulations and controls on privately owned lands.

The bill, Floor Amendment 1 to Senate Bill (SB) 771, seeks to impose in Illinois the far-reaching Waters of the United States (WOTUS) regulations struck down last year by the Supreme Court in Sackett v. Environmental Protection Agency.

It would require farmers, home builders, contractors, and other landowners to go through a potentially lengthy and costly permitting process to develop privately held property if the development resulted in the discharge of dredged or fill material into a “wetland”—unless that land qualified for a special exemption. Failure to obtain the required permit could result in penalties of up to $10,000 per day of violation.

This legislation would further permit anyone to file a complaint alleging “violations” with the state’s Pollution Control Board and allow the Department of Natural Resources permission to “enter at all reasonable times upon any private or public property for the purpose of inspecting and investigating to ascertain compliance and possible violations of this Act, implementing rules, or permit terms or conditions.”

Permitting fees will be set by the Department of Natural Resources.

SB 771 was heard in the Senate Judiciary Committee on the same day it was filed. It passed 6-3-0, even though a number of senators expressed significant concerns with the contents of the bill. SB 771 is now on the senate floor awaiting consideration by the full senate.