2023 Illinois Compiled Statutes › Chapter 605 - ROADS AND BRIDGES › 605 ILCS 5/ - Illinois Highway Code. › Article 7 - Municipal Administration Of Streets

(605 ILCS 5/Art. 7 heading)
ARTICLE 7.  
		MUNICIPAL ADMINISTRATION OF STREETS
(605 ILCS 5/Art. 7 Div. 1 heading)
DIVISION 1.  
		GENERAL POWERS
(605 ILCS 5/7-101) (from Ch. 121, par. 7-101)
Sec. 7-101. 
Streets and alleys, including bridges and other structures,
which are or will become part of the municipal street system may be laid
out, established, constructed, reconstructed, altered, widened, relocated,
improved, maintained, repaired and vacated by the respective municipalities
in the manner provided in the Illinois Municipal Code, as heretofore or
hereafter amended; provided that the Department and counties may locate
and extend State and county highways into or through a municipality in the
manner provided in this Code. In addition to the powers granted to
municipalities by the Illinois Municipal Code, municipalities have powers
granted and duties imposed by this Code.
A municipality  shall not construct, reconstruct, improve, widen, relocate, repair, alter, or maintain a highway, road, street, alley, bridge, culvert, drainage structure, sidewalk, bicycle path, parking lot, driveway, or any other transportation-related facility that is outside of its county's boundaries unless such construction, reconstruction, improvement, widening, relocation, repair, alteration, or maintenance is part of the municipal street system, in an adjacent municipality, or provided as necessary relief services following the occurrence of a disaster as defined by the Illinois Emergency Management Agency Act.
As used in this Section, "maintain" or "maintenance" does not include mowing, gravel reclamation, snow removal or the application of salt, sand, or any other substance applied for the purpose of improving the safety of vehicular or pedestrian traffic in response to the presence or prediction of ice or snow.
(Source: P.A. 103-373, eff. 1-1-24.)
(605 ILCS 5/Art. 7 Div. 2 heading)
DIVISION 2.  
		USE OF MOTOR FUEL TAX FUNDS
(605 ILCS 5/7-202) (from Ch. 121, par. 7-202)
Sec. 7-202. 
		
		Motor fuel tax funds allotted to the several municipalities
shall be used for one or more of the purposes stated in Sections 7-202.1
through 7-202.22.
(Source: P.A. 85-1010.)
(605 ILCS 5/7-202.1) (from Ch. 121, par. 7-202.1)
Sec. 7-202.1. 
		
		The construction and maintenance of State highways in the
municipality, or the maintenance of federal secondary highways.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/7-202.1a) (from Ch. 121, par. 7-202.1a)
Sec. 7-202.1a. 
		
		The construction and maintenance of county highways and
county highway extensions in the municipality.
(Source: Laws 1965, p. 427.)
(605 ILCS 5/7-202.1b) (from Ch. 121, par. 7-202.1b)
Sec. 7-202.1b. 
		
		Construction and maintenance of any municipal street designated as a
part of the federal aid primary, or the federal aid urban
system of streets within the municipality.
(Source: P.A. 85-1010.)
(605 ILCS 5/7-202.1c) (from Ch. 121, par. 7-202.1c)
Sec. 7-202.1c. 
		
		Twenty-five percent of all funds received pursuant to
the Motor Fuel Tax Law by municipalities over 500,000 population shall be
expended only for the reconstruction, maintenance, repair or
improvement of non-arterial residential
streets.
(Source: P.A. 83-1363.)
(605 ILCS 5/7-202.2) (from Ch. 121, par. 7-202.2)
Sec. 7-202.2. 
		
		The construction and maintenance of municipal streets and
alleys as may be designated by the corporate authorities and approved by
the Department.
(Source: P.A. 78-1274.)
(605 ILCS 5/7-202.3) (from Ch. 121, par. 7-202.3)
Sec. 7-202.3. 
		
		The construction and maintenance of extensions of municipal
streets outside the corporate limits of the municipality, including parts
of such streets that extend into another municipality if such construction
and maintenance is done pursuant to an agreement between the
municipalities.
(Source: P.A. 78-1252; 78-1274.)
(605 ILCS 5/7-202.4) (from Ch. 121, par. 7-202.4)
Sec. 7-202.4. 
		
		The construction and maintenance of extensions of municipal
streets within the corporate limits of any park district whose territorial
limits are coterminous with the territorial limits of the municipality.
(Source: P.A. 76-371.)
(605 ILCS 5/7-202.5) (from Ch. 121, par. 7-202.5)
Sec. 7-202.5. 
		
		The construction or maintenance, or both, on municipal
streets on which such construction is authorized by law, of:
(a) Official traffic control signals, or
(b) Permanently mounted school crossing signals meeting the warrants and
conforming to the specifications contained in the Manual authorized by
Section 11-301 of The Illinois Vehicle Code.
(Source: P.A. 76-2257.)
(605 ILCS 5/7-202.6) (from Ch. 121, par. 7-202.6)
Sec. 7-202.6. 
		
		The construction, reconstruction,
maintenance and operation of street lighting systems on improved municipal
streets, county
highways or State highways and streets or thoroughfares constructed and
paid for by special assessments levied under Division 2 of Article 9 of the
Illinois Municipal Code, as heretofore or hereafter amended, within the
municipality, where such improvement has been authorized by the Department.
(Source: P.A. 79-418.)
(605 ILCS 5/7-202.7) (from Ch. 121, par. 7-202.7)
Sec. 7-202.7. 
		
		Construction or maintenance of storm sewers-Municipal streets-County
highways-State highways.)  The construction or maintenance of storm sewers and
appurtenances thereto, or combination storm and sanitary sewers and
appurtenances thereto where legally authorized, on municipal streets,
county highways or State highways, within the municipality
or outside the municipality to the nearest suitable drainage course.
(Source: P.A. 79-539.)
(605 ILCS 5/7-202.8) (from Ch. 121, par. 7-202.8)
Sec. 7-202.8. 
		
		The construction, reconstruction and maintenance of
pedestrian subways or over head crossings under or over municipal streets,
county highways or State highways in the municipality; provided the
Department finds that traffic conditions warrant such construction,
reconstruction or maintenance.
(Source: P.A. 76-371.)
(605 ILCS 5/7-202.10) (from Ch. 121, par. 7-202.10)
Sec. 7-202.10. 
		
		The payment of the municipality's share, not to exceed 50%, of
the cost of any federal aid transportation project either now existing or
hereafter established within the corporate limits of the municipality, which
payments shall be used to match funds allotted to the State for the
construction of those federal aid transportation projects.
(Source: P.A. 88-580, eff. 1-1-95.)
(605 ILCS 5/7-202.11) (from Ch. 121, par. 7-202.11)
Sec. 7-202.11. 
		
		The payment for investigations requisite to determine the
reasonably anticipated need for any of the work described in this Division.
Such investigations may include, but shall not be limited to, the making of
traffic surveys, the study of transportation facilities, research
concerning the development of the several areas within the municipality and
contiguous territory as affected by growth and changes in population and
economic activity and the collection and review of data relating to all
factors affecting the judicious planning of construction, reconstruction,
improvement and maintenance of highways. The investigations for which any
such payments are made may also be conducted in cooperation with other
municipalities, counties, the State of Illinois, the United States, other
states of the United States, agencies of any such governments or other
persons in pursuance of agreements to share the costs thereof and authority
to enter into such agreements is hereby conferred upon municipalities.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/7-202.12) (from Ch. 121, par. 7-202.12)
Sec. 7-202.12. 
		
		The payment of engineering costs in connection with all work
described in this Division of this Code. The municipality may contract for
such services with any Professional Engineer.
(Source: P.A. 77-1371.)
(605 ILCS 5/7-202.13) (from Ch. 121, par. 7-202.13)
Sec. 7-202.13. 
		
		The payment of any municipal indebtedness which has been or
may be incurred in the completion of any improvement or maintenance
described in this Division, or in the payment of engineering costs in
connection therewith.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/7-202.14) (from Ch. 121, par. 7-202.14)
Sec. 7-202.14. 
		
		Any municipality may by ordinance of the corporate
authorities turn over a portion of its allotment to:
(a) a local Mass Transit District if the municipality created such a
District pursuant to the "Local Mass Transit District Act", approved July
21, 1959, as now or hereafter amended;
(b) a local Transit Commission if the municipality established such
commission pursuant to Section 14-101 of The Public Utilities Act; or
(c) the Chicago Transit Authority established pursuant to the
"Metropolitan Transit Authority Act", approved April 12, 1945, as now or
hereafter amended.
(Source: P.A. 85-1209.)
(605 ILCS 5/7-202.15) (from Ch. 121, par. 7-202.15)
Sec. 7-202.15. 
		
		The construction, maintenance, or repair of sidewalks or other
pedestrian paths located within the right of way of any street in the
municipality.
(Source: P.A. 88-580, eff. 1-1-95.)
(605 ILCS 5/7-202.16) (from Ch. 121, par. 7-202.16)
Sec. 7-202.16. 
		
		The payment for engineering studies for and studies to
determine the feasibility of constructing a toll bridge to cross a river
within this State or forming a border between this and another State. If
bonds are issued for construction of such a toll bridge, however, the
proceeds from the sale of those bonds shall first be applied to return to
the motor fuel tax funds the amount of the payment made under this Section.
(Source: Laws 1967, p. 393.)
(605 ILCS 5/7-202.17) (from Ch. 121, par. 7-202.17)
Sec. 7-202.17. 
		
		Any municipality may also by ordinance use motor fuel tax  funds to acquire property for the purpose of providing off street parking
and to construct and maintain such parking areas. Any revenue derived from
the use of those parking lots shall, however, be used to maintain those
lots before motor fuel tax funds may be used for such maintenance. Any
surplus funds received from parking lots may also be used to acquire,
construct and maintain additional parking areas as needed. Surplus funds
not needed for these purposes shall be used to reimburse the motor fuel tax
account for funds originally advanced.
(Source: Laws 1968, p. 408.)
(605 ILCS 5/7-202.18) (from Ch. 121, par. 7-202.18)
Sec. 7-202.18. 
		
		
		The payment of the principal and interest on bonds issued for
construction or improvement of highways within the municipality.
(Source: P.A. 78-255.)
(605 ILCS 5/7-202.19) (from Ch. 121, par. 7-202.19)
Sec. 7-202.19. 
		
		
		Any municipality may also by ordinance use motor fuel tax funds for
operation and maintenance of motor vehicle safety inspection lanes, when
such lanes are of a permanent nature and in operation on a regular basis
throughout the year.
(Source: P.A. 76-2258.)
(605 ILCS 5/7-202.20) (from Ch. 121, par. 7-202.20)
Sec. 7-202.20. 
		
		Any municipality may also by ordinance use motor fuel tax
funds to place, erect, and maintain signs or surface markings or both to
indicate officially designated bicycle routes along streets within the
municipality. In addition, a municipality may use motor fuel tax funds for the
construction and maintenance of bicycle paths, lanes, or bicycle parking
facilities within the municipality.
(Source: P.A. 88-580, eff. 1-1-95.)
(605 ILCS 5/7-202.21) (from Ch. 121, par. 7-202.21)
Sec. 7-202.21. 
		
		
		The construction and maintenance of grade separations and approaches
thereto which replace or avoid grade crossings at intersections of
municipal streets and railroad tracks.
(Source: P.A. 77-1849.)
(605 ILCS 5/7-202.21a) (from Ch. 121, par. 7-202.21a)
Sec. 7-202.21a. 
		
		The formula allocation for municipalities for the
distribution of motor fuel tax funds, provided for in Section 8 in the
"Motor Fuel Tax Law", may be used by the municipal authority
for the maintenance or improvement of
nondedicated subdivision roads established prior to July 23, 1959. Any
such improved road becomes, by operation of law, a part of the municipal
street system of such municipality. The municipal authority
shall condition its approval, as required by this Section, upon
proportional matching contributions, whether in cash, kind, services or
otherwise, by property owners in the subdivision where such a road is
situated. No more than the amount of the increase in allocation
of such funds allocated under the formula as provided in Section 8 in the
"Motor Fuel Tax Law" which is attributable to this amendatory Act and any
subsequent amendatory Act and subsequently approved as provided in this
Section may be expended on eligible nondedicated subdivision roads.
(Source: P.A. 86-447.)
(605 ILCS 5/7-202.22) (from Ch. 121, par. 7-202.22)
Sec. 7-202.22. 
		
		If the formula for the distribution of motor fuel tax
funds, provided for in Section 8 of the "Motor Fuel Tax Law", approved
March 25, 1929, as amended, is changed from that in effect on January 1, 1974, so that the
percentage allocated for use in municipalities is increased, the amount of
any such increase received by a municipality having 500,000 or more
inhabitants shall be expended only for the construction, reconstruction, or
improvement of unimproved or partially improved nonarterial residential
streets.
(Source: P.A. 78-1252)
(605 ILCS 5/7-203) (from Ch. 121, par. 7-203)
Sec. 7-203. 
		
		The corporate authorities of the municipality shall from time
to time pass ordinances or resolutions stating specifically the purpose or
purposes for which motor fuel tax funds shall be used and such ordinances
or resolutions shall be subject to the approval of the Department.
In case motor fuel tax funds are to be used for construction, the
ordinance or resolution shall specify the location, type or types, length
and width of the proposed construction and the portion of the construction
for which these funds are to be used, which portion, subject to the
approval of the Department, may be part or all as the municipality may
elect. Such construction shall be either with or without continuous grade
separation, and of such type and not to exceed such width as is required,
in the judgment of the municipality and the Department, to care for traffic
and parking needs. When the ordinance or resolution has been approved by
the Department, the municipality may cause surveys, plans, specifications
and estimates of such construction to be made and submitted to the
Department for approval.
Whenever the corporate authorities or a municipality determine that any
construction consisting of paving, repaving, altering, opening, widening or
otherwise improving any such streets or State highways shall be performed
and that a portion of the cost thereof shall be raised by the assessment of
property specially benefited, the construction shall be performed pursuant
to Division 2 of Article 9 of the Illinois Municipal Code, as now or
hereafter amended; provided that, as between 2 State highway projects or
between 2 municipal street projects or between any other 2 projects of the
same designation, so far as practicable, priority in the allocation of
motor fuel tax funds received from the State shall be given the project for
which a portion of the cost is to be raised by assessment of property
specially benefited.
The municipality may advertise for bids and let contracts for all
construction to the lowest responsible bidder; or, with the approval of the
Department, may do the work itself through its officers, agents and
employees. No contract shall be let without the approval of the Department,
nor shall bids be advertised for until the surveys, plans, specifications
and estimates have been approved by the Department. All work shall be
performed in accordance with the approved ordinances or resolutions, plans,
specifications, and contracts, as the case may be, and the Department shall
inspect the work to such degree as may be necessary to insure compliance
with this provision.
(Source: P.A. 77-1371.)
(605 ILCS 5/7-203.1) (from Ch. 121, par. 7-203.1)
Sec. 7-203.1. 
		
		
		The corporate authorities of the municipality may adopt ordinances or
resolutions outlining a motor fuel tax highway program for the ensuing year
which shall include all proposed uses of motor fuel tax funds by the
municipality for the purposes permitted in Section 7-202, in a format
established by the Department in cooperation with the municipalities.
The program shall be submitted by the municipality to the Department.
The uses of motor fuel tax funds as listed in the program are subject to
the approval of the Department. The program may be amended from time to
time by the corporate authorities of the municipality by ordinance or
resolution which shall be submitted to the Department.
The municipality, with the approval of the Department, may do the work
itself through its officers, agents, and employees. No advertisement to
receive construction contract bids shall be made until surveys, plans, and
estimates have been approved by the Department except as provided in
Section 7-203.2.
Whenever the corporate authorities of a municipality determine that any
construction consisting of paving, repaving, altering, opening, widening or
otherwise improving any such streets or State highways shall be performed
and that a portion of the cost thereof shall be raised by the assessment of
property specially benefited, the construction shall be performed pursuant
to Division 2 of Article 9 of the Illinois Municipal Code, as now or
hereafter amended. However, as between 2 State highway projects or between
2 municipal street projects or between any other 2 projects of the same
designation, so far as practicable, priority in the allocation of motor
fuel tax funds received from the State shall be given the project for which
a portion of the cost is to be raised by assessment of property specially
benefited.
(Source: P.A. 77-1371.)
(605 ILCS 5/7-203.2) (from Ch. 121, par. 7-203.2)
Sec. 7-203.2. 
		
		
		The municipality shall also have the authority upon the Department
satisfying itself that (1) the municipality has complied with the
requirements of Section 7-301, and (2) has appointed a full time city or
public engineer and (3) that the city or public engineer's office in the
municipality is adequately organized, staffed, equipped and financed to
discharge satisfactorily the duties and requirements of this Section to
construct and maintain streets or highways or sections of highways when
such projects are financed, in whole or in part, with any motor fuel tax
street or road funds received from the State except Federal-aid funds,
without the approval and supervision of the Department, provided the
municipality enters into an agreement of understanding with the Department.
The Department, in cooperation with the municipality, shall establish the
terms of the agreement of understanding to assure that the funds are
expended within the intent of the law and under the rules and regulations
deemed necessary by the Department. The approval and supervision of the
Department may be required anew if the Department deems that the
municipality, which was exempted from such supervision and approval, has
not satisfactorily complied with the terms of the agreement of
understanding.
(Source: P.A. 77-1371.)
(605 ILCS 5/7-204) (from Ch. 121, par. 7-204)
Sec. 7-204. 
		
		Payment of motor fuel tax funds by the Department of Transportation to
the municipality for the purposes stated in Sections 7-202.1 through
7-202.22 shall be made as soon as possible after the allotment is made.
Such money shall be utilized by the municipality in accordance with the
needs of the municipality in a manner satisfactory to the Department.
However, if any municipality, after having been given reasonable notice
by the Department fails to expend motor fuel tax funds in a manner
satisfactory to the Department or fails to have construction contracts
approved by the Department, no further payment of motor fuel tax funds
shall be made to such municipality for construction or maintenance purposes
until it corrects its unsatisfactory use of motor fuel tax funds or secures
approval of construction contracts by the Department.
(Source: P.A. 85-1010.)
(605 ILCS 5/Art. 7 Div. 3 heading)
DIVISION 3.  
		PLANNING AND PROGRAMMING
(605 ILCS 5/7-301) (from Ch. 121, par. 7-301)
Sec. 7-301. 

In order to properly plan the utilization of motor fuel tax funds each
municipality of over 5,000 population, but less than 1,000,000 population, shall be required to develop and
update a long-range highway transportation plan for a period not to exceed 20 years. The plan shall
contain an estimate of revenues which will become available during that
period and a statement of intention with respect to the construction,
maintenance, and other related work to be done insofar as it is possible to
make such estimates. In addition, the long-range plan shall show the
location of existing municipal streets and the general corridors of future
highways, the projected future traffic usage on each street for the duration of the plan, a tabulation showing the design standards and the geometric
features associated with different levels of traffic usage, and a listing
of the major improvements anticipated with the 
plan. A copy of the plan shall be made publicly available. The initial plan
shall be on file with the designated agencies by July 1, 1971 and shall be
updated and made publicly available on an annual basis thereafter.
(Source: P.A. 100-476, eff. 6-1-18.)