HEYWORTH, Ill. – A proposed state-level law that would effectively decide what constitutes a contiguous body of water of protecting wetlands has the attention of the Illinois Soybean Growers (ISG).

Illinois’ Wetlands Protection Act (HB3596 and SB2401) would establish a framework for regulating certain wetlands under state law, require permits for activities that impact that area and expand oversight beyond the current mix of federal and state programs. The proposed law, introduced by Sen. Laura Ellman and Rep. Anna Moeller, has been referred for assignment since May 2025.

“For the past 25 years we have been trying to decide what a navigable waterway is; that question is at the crux of all of this,” said Kevin “KJ” Johnson, director of government relations and strategy for the Illinois Soybean Association (ISA). “The Supreme Court has pretty much put this question back on the states. Some of the environmental groups have been pushing for new regulations. There are said to be some agriculture exemptions in the bill, but we may have some different opinions about what the final bill may look like.”

Johnson met with farmers at a recent field day held at the Illinois Soybean Association Agronomy Farm to discuss the proposed wetlands law and other current legislation in Springfield and Washington that could affect growers. In a recent political call to action issued to ISG members, he detailed the organization’s concerns with the Illinois Wetlands Protections Act. The issues include:

Vague wetland definition and a regulatory web

Farmers know that the “science-based” wetlands definition often espoused by proponents is far from simple. Using nearly the same definition, federal agencies can take months, if not years, to determine whether an area is a wetland, especially in agricultural regions. This bill would add state government to that regulatory process, creating a web of regulations for farmers to navigate.

Added costs to farmers

The proposed legislation and permitting process would likely require impacted farmers and landowners to pay for costly environmental consultants and legal support just to make decisions on their own property, putting additional pressure on an already tight farm-gate economy.

Fees, civil action and penalties

Uncertainty around permit fees, along with potential civil action and penalties of up to $10,000 per day, creates unclear financial risk for farmers – potentially halting operations in some areas. Additionally, third-party appeal rights would allow anyone involved in the process to challenge decisions, meaning outside actors could complicate wetland determinations through legal challenges.

“Ag groups are talking about what this bill needs to look like long-term, and what the solution is right now I don’t know. It has really come down to the states to regulate their wetlands. There is no timetable with this,” Johnson said. “Right now, the law is federal, but if states want to further regulate it is up to each individual states. We’ve had great conversations with Sen. Ellman in trying to figure out what an ag exemption would look like. What we see right now is that it comes down to an interpretation of what is navigable and what is non-navigable.”

The 2023 U.S. Supreme Court decision and subsequent Trump administration federal rule changes mean an estimated 72 percent of Illinois wetlands are no longer protected under the Clean Water Act, according to the Illinois Environmental Working Group. This decision reset the goalposts from the court’s 1985 decision that wetlands adjacent to traditionally navigable waters are unilaterally considered “waters of the United States (WOTUS)” and therefore protected by the Clean Water Act. 

Some “non-WOTUS” wetlands are protected by state and/or county-level regulations, a University of Illinois research team found. Eight counties in the Chicago region regulate activity in wetlands through their stormwater management ordinances. A state law also requires compensation for wetland acreage developed with state funding, according to the U of I.

Up to 563,000 acres of Illinois wetlands lie outside any county, state or federal protection, the researchers found, representing about 80 percent of the wetlands that are no longer protected under the Clean Water Act.

“We can’t afford to lose the protection wetlands provide,” Moeller said in a news release. “Clean drinking water, flood protection and other wetland benefits are simply not negotiable – they are necessary for all of us. I’m proud to sponsor this legislation in the House this spring.”

While ISG largely accepts that it is likely a matter of when, not if, state or federal regulations are enacted around farming and wetlands, it is the task of Johnson and the ISG group to mitigate the losses to farming and farm production standards as much as possible. This involves continuing the conversation in Springfield and at the farm gate.

“I think there is going to be a bigger conversation with ag groups about what an ag exemption will look like. I don’t think we’re there yet to be able to say ‘here it is.’ I think this will be continued through the summer and there will be conversations in veto session, and in the spring (of 2027) it’s going to come back up,” said Johnson, who, prior to joining ISA, worked as an aide to Rep. Tim Johnson (no relation) and as legislative director for the Illinois Fertilizer and Chemical Association.

Johnson added that the Illinois Department of Natural Resources expressed initial disapproval of the bill, perhaps impeding its progress. “I think IDNR will add its own tweaks to the bill to get to a neutral or supportive position. I think that kind of held this bill up this year, and there will be further conversation (with IDNR involvement),” he said. “This is an issue that’s going to go into the spring that we’re going to have to deal with.”