HB5165 104TH GENERAL ASSEMBLY

LRB104 20238 BDA 33689 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5165

Introduced 2/10/2026, by Rep. Lawrence "Larry" Walsh, Jr.

SYNOPSIS AS INTRODUCED:

New Act

Creates the River Access Modernization Act. Affirms the public's right to use navigable and recreationally suitable waters for canoeing, boating, kayaking, and angling, subject to protection of private property rights and environmental values. Provides that the public right of use does not include crossing private uplands or exiting onto private land without permission. Establishes landowner liability protections. Prohibits littering and alteration of flora and fauna. Grants rulemaking authority to the Department of Natural Resources to designate public access points, resolve conflicts, promote safety and conservation education, and maintain a listing of navigable waterways. Defines "navigable water" and "public recreational use".

A BILL FOR

AN ACT concerning conservation.

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 River Access Modernization Act.

Section 5. Findings; purpose.

(a) The General Assembly finds that:

(1) Illinois' navigable and public waterways are held in trust by the State for the benefit and enjoyment of its people.

(2) Public access to and lawful recreational use of these waters promoting outdoor recreation, limited to boating, canoeing, paddling, kayaking, and angling, is in the public interest.

(3) Clarification of public rights and private property boundaries along rivers and streams is desirable to reduce conflict, preserve habitat, and protect both public and private interests.

(b) It is the purpose of this Act to affirm the public's right to use navigable and recreationally suitable waters of this State for activities, including boating, canoeing, paddling, kayaking, and angling, consistent with reasonable protection of private property rights and environmental values.

Section 10. Definitions. In this Act:

"Navigable water" means any waterway that, in its natural or improved condition, is capable of being used by the public for canoeing, boating, paddling, and angling, whether or not it is capable of commercial navigation. "Navigable water" does not include any pond or lake contained entirely on private property, regardless of whether the pond or lake has a single private owner or multiple private owners. "Navigable water" does not include posted wildlife refuges, security or safety zones, sensitive environmental areas, or areas designated by the Department of Natural Resources as closed areas. "Navigable water" includes only the main flowage of named creeks, streams, rivers, and lakes that are identified by name on the most recent map published by the United States Geological Survey. "Navigable water" does not include unnamed branches of creeks, streams, rivers, and lakes.

"Public recreational use" includes only boating, canoeing, paddling, kayaking, and angling, contingent upon compliance with all other State and federal laws during such use.

Section 15. Public right of use.

(a) All navigable waters within the State are declared public only for the purpose of boating, canoeing, paddling, kayaking, and angling and are held in trust by the State for the benefit of the people.

(b) Members of the public may use such waters and their beds for boating, canoeing, paddling, kayaking, and angling, subject to this Act and other applicable laws not in conflict with this Act.

(c) The public right of use does not extend to crossing private uplands to reach a waterway, nor exiting a public waterway onto private land at any time for any reason, without express permission or lawful public access. For the purposes of this Section, levees, dikes, dams, water control devices, and other man-made structures shall be considered private property and may not be crossed without the permission of the owner, regardless of whether notice is posted.

Section 20. Liability and landowner protections.

(a) A landowner adjacent to or who holds title to the bed of a waterway owes no duty of care to persons entering upon the waterway under this Act, except for willful or wanton misconduct.

(b) A landowner who allows public use of waters adjoining the property or who holds title to the bed of a waterway shall not be liable for injuries or property damage resulting from such use, except in cases of gross negligence or intentional harm.

Section 25. Property owner rights.

(a) Nothing in this Act shall limit the ability of a landowner to lawfully restrict entry upon shoreline or upland property.

(b) Islands that are private property are not public and the public shall have no right of entry or use unless expressly permitted by the landowner.

Section 30. Property integrity.

(a) No person acting under this Act shall collect, injure, remove, or deface any animate or inanimate object, except for properly licensed persons under permits or licenses issued by the Department of Natural Resources.

(b) No person acting under this Act shall litter or alter the flora and fauna of the waterway or adjacent shorelines or islands.

Section 35. Rulemaking authority. The Department of Natural Resources shall adopt rules to:

(1) allow for the designation of public access points and maintain signage for navigable and recreational waters;

(2) provide for conflict resolution between landowners and recreational users;

(3) promote stewardship, safety, and conservation education related to river use;

(4) prepare a listing by county and name of waterway of all waterways that are declared navigable and open to the public under this Act; and

(5) implement and administer this Act.