SB1789 104TH GENERAL ASSEMBLY

LRB104 11122 BDA 21204 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB1789

Introduced 2/5/2025, by Sen. Laura Ellman

SYNOPSIS AS INTRODUCED:

New Act

Creates the Riparian Protection and Water Quality Practices Act. Requires landowners who own property that is adjacent to a water body identified and mapped on a buffer-protection map to maintain a buffer to protect the State's water resources. Sets forth requirements concerning the types of buffers that must be installed and the timelines for their installation. Requires soil and water conservation districts to develop and submit to each local water management authority a summary of watercourses within their jurisdiction by July 1, 2026. Requires local water management authorities to incorporate these recommendations into their comprehensive water management plans. Exempts certain lands from the requirements of the Act. Allows the Department to withhold funding from local authorities that fail to implement the Act. Contains provisions concerning judicial review of decisions of the Department of Natural Resources. Specifies that the Act applies to State property. Defines terms.

A BILL FOR

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Riparian Protection and Water Quality Practices Act.

Section 5. Definitions. As used in this Act:

"Buffer" means an area that consists of perennial vegetation, excluding invasive plants and noxious weeds, that is adjacent to bodies of water within the State, that protects water resources from runoff pollution, that stabilizes soils, shores, and banks, and that protects or provides riparian corridors.

"Buffer-protection map" means maps of buffer areas established and maintained by the Department of Natural Resources.

"Department" means the Department of Natural Resources.

"Director" means the Director of Natural Resources.

"Local water management authority" means a county, municipal government, drainage district, or watershed management authority authorized under Illinois law to oversee water management practices.

"Normal water level" means the level evidenced by the long-term presence of surface water as indicated directly by hydrophytic plants or hydric soils, or indirectly determined via hydrological models or analysis.

"Public waters" means waters under the jurisdiction of Illinois as defined by the Environmental Protection Act and rules adopted under the Act.

"With jurisdiction" means a determination by the Department that a county or local authority has adopted and is implementing rules, ordinances, or official controls providing procedures for compliance with this Act. This determination is revocable by the Department if the adoption and implementation of such rules or controls are not in compliance with the requirements of this Act.

Section 10. Purpose. It is the policy of the State of Illinois to establish riparian buffers and water quality practices to: (1) protect State water resources from erosion and runoff pollution; (2) stabilize soils, shores, and banks; and (3) protect or provide riparian corridors.

Section 15. Riparian protection requirements for public waters and drainage system. (a) Landowners owning property adjacent to a water body identified and mapped on a buffer-protection map must maintain a buffer to protect the State's water resources as follows:

(1) For public waters, the buffer shall be (i) a 50-foot average width, 30-foot minimum width, continuous buffer of perennially rooted vegetation or (ii) as specified by the Illinois Rivers, Lakes, and Streams Act or other applicable State rules.

(2) For public drainage systems, the buffer shall be a minimum 16.5-foot continuous buffer as required under applicable drainage district rules and shall not impede future maintenance of the drainage system.

(b) Landowners engaged in cultivation farming adjacent to identified water bodies may meet the requirements under subsection (a) by implementing retention ponds or other measures preventing overland flow to the water resource or by using alternative riparian water quality practices based on: (i) the Natural Resources Conservation Service Field Office Technical Guide; (ii) common practices approved by the Department; or (iii) locally approved practices by the soil and water conservation district.

(c) Buffers on public waters must be measured from the top or crown of the bank or, if no defined bank exists, from the edge of the normal water level. Buffers on public drainage systems must follow measurement guidelines established by the drainage authority.

(d) Buffers or alternative practices required under this Section must be implemented by: (1) November 1, 2026, for public waters and (2) November 1, 2027, for public drainage systems.

(e) Landowners planting buffers after the effective date of this Act must use seed mixes approved by the Department of Agriculture to prevent contamination by invasive species or noxious weeds.

Section 20. Local water resources and riparian protection.

(a) Soil and water conservation districts, in consultation with local water management authorities, must develop and submit to each local water management authority a summary of watercourses within their jurisdiction by July 1, 2026.

(b) Local water management authorities must incorporate these recommendations into their comprehensive water management plans by July 1, 2027, without requiring a formal plan amendment, provided the recommendations are distributed to relevant stakeholders.

Section 25. Exemptions. A landowner is exempt from the requirements of Section 15 with respect to land that is: (1) enrolled in the federal Conservation Reserve Program; (2) used as a public or private water access or recreational area; (3) covered by a road, trail, building, or other structures; (4) regulated by a National Pollutant Discharge Elimination System (NPDES) permit; (5) part of a water-inundation cropping system; or (6) temporarily nonvegetated due to authorized construction, maintenance, or conservation projects.

Section 30. Local implementation and assistance.

(a) Soil and water conservation districts must assist landowners with planning, technical support, and implementation of water resource protection requirements.

(b) The Department must provide sufficient funding to local authorities and conservation districts to implement this Act.

Section 35. Corrective actions.

(a) Noncompliant landowners will receive notice from the local water management authority, including required corrective actions and timelines.

(b) Authorities may enforce compliance through administrative penalties or other measures if corrective actions are not taken.

(c) Penalties may be forgiven upon sufficient corrective actions.

Section 40. Withholding funding. The Department may withhold funding from local authorities that fail to implement this Act, with restoration contingent upon approval of a corrective action plan.

Section 45. Appeals. Landowners may appeal validation or penalty decisions to the Department within 30 days of notification. The Director shall issue a final administrative decision within 60 days, which is appealable to the Illinois courts in accordance with the Administrative Review Law.

Section 50. Landowner Financial Assistance. Landowners may contact soil and water conservation districts for information on financial assistance to establish buffers or alternative water resource protection measures.

Section 55. Applicability to State Lands. This Act applies to State lands and agencies, ensuring consistency across public and private lands.