Controversial Wetlands Bill Stirs Concern Among Illinois Farmers

In Illinois, proposed state legislation aimed at regulating wetlands and small streams has sparked significant debate and concern within the agricultural community. The Illinois Farm Bureau (IFB) has voiced strong opposition to the “Wetlands and Small Streams Protection Act,” introduced by State Sen. Laura Ellman (D-Naperville) and State Rep. Anna Moeller (D-Elgin). This legislation seeks to expand definitions, authority, and penalties beyond the parameters set by the existing Clean Water Act and USDA wetland compliance obligations.The bills, identified as SB 3669 and HB 5386, aim to extend regulatory oversight to encompass all collections of water, regardless of size, a move that the IFB argues exceeds the original scope of the “waters of the U.S.” (WOTUS) rule. According to Sanjay Sofat, IFB’s director of environmental policy, the proposed legislation could impose significant burdens on farmers by subjecting them to state and federal compliance measures, leading to potential inconsistencies and liabilities.Chris Davis, director of state legislation, highlighted the potential for broad, statewide implications on water regulation, stirring memories of the contentious debates surrounding the original WOTUS rule. The IFB maintains that state regulatory control of wetland programs should remain within the Illinois Department of Agriculture and that state regulations should not exceed federal standards.