HB1873 amends the Illinois Rivers, Lakes, and Streams Act to expand and clarify the public’s right to access and use navigable waters. It states that public rights in navigable waters include rights recognized by state and federal law, including the Northwest Ordinance, the federal navigational servitude, and the public trust doctrine, and directs that those rights be interpreted to maximize public enjoyment of state waters. The bill also defines as navigable any lake, river, or stream segment that can support commercial or recreational watercraft for a substantial part of the year, or that is actually used that way, unless a contrary showing is made in litigation by a preponderance of the evidence.
Impact
The bill would affect the Rivers, Lakes, and Streams Act by adding a new Section 5a and modifying related provisions governing the Department of Natural Resources’ oversight of waterways. It would create a stronger statutory presumption of navigability for waters used by boats or other watercraft, expand recognized public uses to include boating, tubing, fishing, swimming, and wading, and require DNR to protect those uses against interference or encroachment. It also preserves local government authority, does not alter existing permit programs or DNR responsibilities under other sections, and allows civil or criminal challenges to alleged interference with public access.
Sentiment
Based on the bill text and the absence of recorded committee testimony or votes, the measure appears to be framed as a pro-access, pro-recreation bill with a strong public-rights orientation. Its language is affirmative and expansive, suggesting support for broader public use of waterways and clearer enforcement against obstruction. No recorded opposition or vote history is available in the provided materials, so the overall sentiment cannot be measured from legislative action, but the bill itself is clearly drafted in favor of public access.
Contention
The main points of contention are likely to center on the breadth of the navigability definition, the shift in litigation burden, and the potential effect on riparian property owners and access control. By deeming waters navigable if they can support watercraft for a substantial part of the year and by requiring the contrary to be proven in court, the bill could be seen as expanding public access rights beyond what some landowners or local governments may prefer. Another possible issue is the rule that users may touch beds and adjacent riparian lands as reasonably needed, while also limiting entry and exit from nonpublic points without permission, which may raise practical disputes over shoreline access and enforcement.
Authorizing counties to adopt resolutions to regulate activities on or within navigable rivers and adding navigable rivers to the crime of criminal trespass.
Requires that regular dredging of navigable waterways is scheduled in order to plan and finance to ensure the safe navigability and reliability of waterways in this state; requires a scheduled plan to be filed with DEC.
Requires that regular dredging of navigable waterways is scheduled in order to plan and finance to ensure the safe navigability and reliability of waterways in this state; requires a scheduled plan to be filed with DEC.