605 ILCS 5/9-117
2021 Illinois Compiled Statutes|Chapter 605 - ROADS AND BRIDGES|605 ILCS 5/ - Illinois Highway Code.|Article 9 - General Highway Provisions

 (from Ch. 121, par. 9-117)Sec. 9-117.         If any person injures or obstructs a public highway by felling  a tree or trees in, upon or across the same, or by placing or leaving any  other obstruction thereon, or encroaching upon the same with any fence, or  by plowing or digging any ditch or other opening thereon, or by turning a  current of water so as to saturate, wash or damage the same, or by plowing  in or across or on the slopes of the side gutters or ditches, or by placing  any material in such ditches, or in any way interfering with the free flow  of water therein, or leaves the cuttings of any hedge thereon for more than  10 days, without the permission of the highway authority having  jurisdiction over such highway, he shall be guilty of a petty offense and  fined for every such offense not less than $50 nor more than  $500; and in  case of placing any obstruction on the highway, an additional sum of not  exceeding $50 per day for every day he allows such obstruction to  remain  after he has been ordered to remove it by the highway authority having  jurisdiction over such highway. Any person feeling himself aggrieved or any  such highway authority may make a complaint under this Section.The highway authority having jurisdiction over such highway, after  having given 10 days' notice to the owners of the obstruction or person so  obstructing, or plowing, or digging ditches upon such highway or  interfering with the free flow of water in the side gutters or ditches, of  the obstruction, plowing or digging of ditches, interfering with drainage,  or of the encroachment of any fence, may remove any such fence or other  obstruction, fill up any ditch or excavation except ditches necessary to  the drainage of an adjoining farm emptying into a ditch upon the highway,  or regrade such side gutters or ditches, and recover the necessary cost of  such removal or filling of any such ditch or excavation, or regrading of  such side gutters or ditches from such owner or other person obstructing or  damaging such highway aforesaid, to be collected by the highway authority  having jurisdiction of the highway whereon such offense was committed. Any  such cost recovered shall be deposited in the road fund of the political  division having jurisdiction over the highway adjudged to have been  obstructed or injured, and shall be used only for maintenance or  construction of public highways under the jurisdiction of that division.The 10 day notice requirement of this Section is not required for any  obstruction to traffic flow including non-adherence to the provisions of a  permit issued by the highway authority having jurisdiction under Section 4-209,  5-413, or 9-113 of this Code.However, this section shall not apply to any person who shall lawfully  fell any tree for use and shall immediately remove the same out of the  highway, nor to any person through or along whose land a public highway may  pass, who shall desire to drain his land, and who shall give due notice to  the proper highway authority of such intention, and who shall first secure  from such highway authority written permission for any work, ditching or  excavating he proposes to do within the limits of the highway.    (Source: P.A. 93-177, eff. 7-11-03.)