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Introduction
Illinois has lost over 90% of the wetland
habitats that formed the backbone of the state's
aquatic ecosystems, and the vast majority
of wetlands within the Great Lakes basin have
been filled and developed. Despite these losses,
the Chicago region supports over 99,000 acres
of wetlands in six counties, and over 70%
of state threatened or endangered mammals,
reptiles, and birds depend on wetlands. These
habitats continue to protect property from
flooding and erosion, and also enhance water
quality. Besides boosting quality of life
and property values for the millions of people
who live in the region, wetlands form the
basis for the $600 million outdoor recreation
industry in Illinois, funded by income from
hunting, birdwatching, and other outdoor recreational
activities.
Regulations
The state of Illinois has a long foundation
of supporting the public trust doctrine, a
principle
that states that certain benefits provided
by natural resources are held in trust by
the government for all people of the state.
Clearly,wetlands provide public benefits and
no individual, business, or governmental agency
has the unrestricted right to alter the natural
character of wetlands, as alterations may
pollute the water, increase flooding, destroy
habitat, or cause other harm.
Photo
courtesy of Victor Crivello
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Federal
Section 10 of the Rivers and Harbors Act of
1899 and Section 404 of the Clean Water Act
provide the regulatory framework for the federal
government’s role in regulating activities
that impact wetlands. The federal program
is administered by the U.S. Army Corps of
Engineers (Corps) with oversight by the U.S.
Environmental Protection Agency (EPA). In
addition to this wetland regulatory program,
the federal farm programs, the Endangered
Species Act and other sections of the Clean
Water Act (Section 401 – Water Quality Certification
and Section 402 – National Pollution Discharge
Elimination System) can help protect wetlands.
Despite the protections traditionally provided
by the Clean Water Act, a recent Supreme Court
decision and subsequent guidance issued by
the Corps and EPA has removed some Illinois
wetlands from federal protection. These wetlands
are now wholly reliant on the state and local
programs described below for protection.
State
The Illinois Department of Natural Resources
(DNR) holds regulatory authority under the
Rivers, Lakes, and Streams Act,which requires
a permit for any construction in floodways
and public bodies of water, and for construction
of dams. The law is generally less restrictive
than the federal 404 program. The Illinois
Environmental Protection Agency (IEPA) regulates
projects under the state Pollution Control
Board statutes, and assumes responsibility
for Water Quality Certification under federal
Section 401. Additionally, the Interagency
Wetland Policy Act of 1989 places special
restrictions on construction funded from state
sources or on state property. Illinois has
a joint permit application that streamlines
the process of applying for a dredge or fill
permit. The application is sent to the Corps,
IEPA, and DNR for concurrent consideration
under all relevant laws.
At
this point, the agencies publicize the permit
application and citizens have the opportunity
to comment. Certain activities considered
“insignificant” by the Corps can avoid this
permitting process under the nationwide permit
program. A bill currently under consideration
by the Illinois General Assembly, the Wetland
Protection Act (HB 422),would provide state
protection for wetlands that are not regulated
by the Corps. This bill has passed the Illinois
House and is pending in the Senate.
Local
DuPage, Lake, and Kane counties in northeastern
Illinois have ordinances designed to protect
watersheds that are implemented by local stormwater
management agencies. There are many other
non-regulatory efforts, such as the Chicago
Wilderness initiative, supported by local
governments and planning groups that help
to protect and restore wetlands.
Photo
courtesy of Lake Michigan Federation -
Joel Brammeier |
What
You Can Do
Federal, state, and local regulations provide
many opportunities for citizens to participate
in wetland
protection activities. Here are nine ways
you can get involved:
- Review
and comment on public notices of wetland
dredge and fill permit applications by contacting
the state and federal offices listed below;
- Encourage
your state legislators to support policies
that help protect and restore wetlands and
oppose those that encourage wetland destruction.
- Educate
yourself and others about the importance
of wetlands and how to protect them. A good
starting point is the Biodiversity Recovery
Plan published by Chicago Wilderness at
http://www.chicagowilderness.org/pubprod/brp/index.cfm;
- Encourage
your municipality to become a member of
the Chicago Wilderness coalition and incorporate
its principles into local planning; Help
to establish a local wetland protection
ordinance;
Promote proper wetland stewardship among
private landowners;
- Get
involved in community-based wetland restoration
projects;
- Participate
in wetland management, such as removal of
invasive species, on public lands; and
- Promote
permanent protection through conservation
easements and purchase of properties containing
wetlands.
Where
to Go for More Information
If you’d like to get involved with wetland
protection and restoration locally, contact
the Lake Michigan Federation at (312) 939-0838
or chicago@lakemichigan.org
for opportunities in your community. You can
also get contact information for a wide variety
of organizations working on local wetlands
protection by accessing the Chicago Wilderness
coalition at http://www.chicagowilderness.org.
For
information on the federal wetland regulatory
program, contact the Chicago District of the
Corps at (312) 846-5530, or check the website
at http://www.lrc.usace.army.mil
to review current permit applications. If
you live outside of the six-county Chicago
region, you can find your local Corps office
at http://www.usace.army.mil.
For
general information on the ecology and regulation
of Illinois wetlands, and to receive updates
when wetland permit applications are filed,
contact the Illinois DNR Office of Water Resources
at (217) 782-3863. You can visit the state’s
wetlands page at http://www.dnr.state.il.us/wetlands.
For
specific information on the state’s role in
preventing pollution through enforcement of
Clean Water Act Sections 401 and 402, contact
the regional office of Illinois EPA at (847)
294-4000, or check the website at http://www.epa.state.il.us/water.
You
can contact your local zoning or stormwater
management agency in northeastern Illinois
to learn about any wetland ordinances in effect
in your neighborhood, or to ask about adoption
of a new ordinance.
For
pdf version, click here.
Prepared
in January 2004 by the Lake Michigan Federation
for the Great Lakes Aquatic Habitat Network
and Fund, a project of the Tip of the Mitt
Watershed Council. Funding provided by U.S.
EPA Great Lakes National Program Office. |
