2023 Illinois Compiled Statutes › Chapter 605 - ROADS AND BRIDGES › 605 ILCS 5/ - Illinois Highway Code. › Article 9 - General Highway Provisions

(605 ILCS 5/Art. 9 heading)
ARTICLE 9.  
		GENERAL HIGHWAY PROVISIONS
(605 ILCS 5/9-101) (from Ch. 121, par. 9-101)
Sec. 9-101. 
		
		Nothing in this Code shall prevent the execution of cooperative
agreements among governmental agencies.
Any municipality may negotiate an agreement with the Department whereby
the municipality may use such funds as are available to it for that purpose
for the construction or maintenance of a State highway within its
boundaries or with the corporate authority of a county or road district for
the construction or maintenance of a highway on the county highway system
or township or district road system outside of its municipal boundaries.
The county board may negotiate an agreement with the Department whereby
the county may use such funds as are available to it for that purpose for
the construction or maintenance of a highway on the State highway system or
with a municipality for the construction or maintenance of streets on the
municipal street system of such municipality.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/9-101.1) (from Ch. 121, par. 9-101.1)
Sec. 9-101.1. 
		
		Whenever the proper highway authority is about to construct or
improve the drainage structures of a State highway, county highways, or county
unit district road, the highway authority shall meet and consult with the
authorities of any municipality adjacent to or through which such highway or
road runs. The purpose of such meetings is to work out an agreement with such
municipality and all other interested agencies and units of local government as
to the extent of such drainage construction or improvement.
If a county or State highway, in a county of under 1,000,000 population,
adjoins a parcel of land proposed to be subdivided, the subdivider of the
parcel shall notify the proper highway authority in writing of the proposed
subdivision and provide the proper local authority that would approve the
subdivision a copy of the notice.  The notice shall request of the proper
highway authority its need to have provided, at the cost of the highway
authority or as otherwise provided by law, additional capacity in any
stormwater detention facility to be constructed in the subdivision for the
future availability of the highway authority for meeting the stormwater
detention requirements of any future public construction on the highway.  The
highway authority shall within 30 days of receipt of the written notice provide
written information to the proper local authority relative to the request.  The
parties may then work out by agreement the extent of the inclusion of those
stormwater detention needs, if any, in the subdivision.  The proper highway
authority may provide to the subdivider any funds generally available for
highway construction to provide for the highway authority's proportionate share
of the design of the stormwater detention and the proportionate share of the
cost of the property required for the stormwater detention including the impact
of density changes on said parcel as the parties may agree within 60 days of
the reply to the notice issued by the highway authority.  In the event that the
parties are not able to reach agreement within the 60 days the parcel may be
subdivided as may be approved by the proper local authority without the
inclusion of said stormwater detention needs identified by the highway
authority.
(Source: P.A. 88-79.)
(605 ILCS 5/9-101.5)
Sec. 9-101.5. Standardized electronic toll collection systems.       The General Assembly finds that electronic toll collection systems in Illinois should be standardized to promote safety, efficiency, and traveler convenience. The Department shall cooperate with the Illinois State Toll Highway Authority and with other public and private entities to further the goal of standardized toll collection in Illinois.  If electronic toll collection is used on any highway constructed or maintained by the Department or by a private entity pursuant to an agreement with the Department, the Department shall require the electronic toll collection system to be compatible with the electronic toll collection system used by the Illinois State Toll Highway Authority. The Department may enter into an intergovernmental agreement with the Illinois State Toll Highway Authority to provide for such compatibility or to have the Authority provide electronic toll collection or toll violation enforcement services.
(Source: P.A. 97-252, eff. 8-4-11.)
(605 ILCS 5/9-102) (from Ch. 121, par. 9-102)
Sec. 9-102. 
		
		The proper highway authorities are authorized to keep vehicles
of every kind off the public highways where necessary to properly construct
or repair the same.
Whenever any public highway including any bridge or culvert thereon is
being constructed or repaired, the highway authorities having such work in
charge shall, when they deem it necessary, erect or cause to be erected at
such points as they deem desirable, suitable barriers, with signs thereon,
stating that such highway is closed.
Such authorities shall also erect or cause to be erected at such places
as they deem best, detour signs directing travel around such construction
or repair work.
Such signs and barricades shall conform to the Manual of Uniform Traffic
Control Devices adopted by the Department.
(Source: P.A. 90-513, eff. 8-22-97.)
(605 ILCS 5/9-103) (from Ch. 121, par. 9-103)
Sec. 9-103. 
		Removal or possession of control device or sign; penalty. 
		Whenever a highway has been closed as provided in Section
9-102 or wherever traffic control devices or signs have been erected on any
public
highway as provided under this Code it is unlawful for any person to remove
or knowingly possess any such barrier, traffic control device or sign, or
to deface
or injure
the same, or to walk, ride or drive upon any part of such highway so
closed, except such persons as are duly authorized to do so.
Whoever knowingly violates the provisions of this Section shall be guilty of
a
Class A misdemeanor, punishable by a fine of at least $500, as well as
any other penalty which may be imposed.  In addition thereto, such
person convicted shall be
held liable for any and all damages caused to such highway, including, but
not limited to, any bridge or culvert work, traffic control device or sign,
by reason of such violation.
The highway authorities or their duly authorized agents in direct charge
of the work, are authorized to exercise in their respective jurisdictions,
all the common law and statutory powers conferred upon sheriffs, and such
highway authorities, or their duly authorized agents in direct charge of
the work aforesaid, shall arrest without process any person who violates
the provisions of this Section, and in so doing they shall be held to be
acting for the State.
Any person or persons so arrested shall be delivered by the person
making the arrest to some judge, sheriff, or police officer at some station
or place within the county in which the offense was committed, for trial,
according to law.
(Source: P.A. 88-673, eff. 7-1-95.)
(605 ILCS 5/9-104) (from Ch. 121, par. 9-104)
Sec. 9-104. 
		
		In grading highways corner stones marking sectional or other
corners shall not be disturbed, except to lower such stones so that they
will not rise above the surface of the highway. If a corner stone is
covered to a depth greater than 12 inches or is covered with a highway
surfacing material other than road oil, the location of the corner stone
shall be preserved by setting a suitable monument over the stone which
shall be level with the highway surface or by setting at least 3 offset
monuments in locations where they will not be disturbed. When any corner
stone is lowered or when a monument is set over a stone or when offset
monuments are set it shall be done in the presence of and under the
supervision of a Registered Illinois Land Surveyor who shall record the
type and location of the reference monuments with respect to the corner
stone in the office of the recorder in the county in which such stone is
located.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/9-105) (from Ch. 121, par. 9-105)
Sec. 9-105. 
		
		In constructing a public highway, if a ditch is made at the
junction of highways, or at the entrance of gates or other openings of
adjoining premises, the highway authorities shall construct good and
sufficient culverts or other convenient crossings. New entrance culverts or
crossings or additions to existing entrance culverts or crossings along an
existing public highway or street where there is a ditch may be made with
the consent of the highway authorities, provided the applicant for such
entrance culvert or crossing constructs at the applicant's expense a good
and sufficient culvert or other convenient crossing of the type and size
specified by the highway authorities, which structure shall then become the
property of the public.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/9-106) (from Ch. 121, par. 9-106)
Sec. 9-106. 
		
		Wherever a highway, driveway, parking lot or other area open
to traffic that has been freshly treated with
road oil, liquid asphalt or similar material intersects with or is otherwise
located or partially located within 300 feet of a durable
all-weather highway of any type except gravel or crushed stone, the
highway authorities or any person responsible for applying such material shall cause
such freshly treated highway, driveway, parking lot or other such area to
be barricaded or covered with crushed aggregate or
other suitable cover material so that traffic will not carry the fresh road oil,
liquid asphalt or similar material onto the travel ways of the durable
all-weather highway.
(Source: P.A. 80-528.)
(605 ILCS 5/9-107) (from Ch. 121, par. 9-107)
Sec. 9-107. Whenever the highway authorities are about to lay a tile drain
along any public highway the highway authorities may contract with the
owners or occupants of adjoining lands to lay larger tile than would be
necessary to drain the highway, and permit connection therewith by such
contracting parties to drain their lands.
(Source: P.A. 94-59, eff. 6-17-05.)
(605 ILCS 5/9-108) (from Ch. 121, par. 9-108)
Sec. 9-108. 
		
		Where willow hedges, or a line of willow trees have been
planted along the margin of a highway, so as to render tiling
impracticable, the highway authority having jurisdiction of such highway
may contract with the owner for their destruction; and they shall be
destroyed before tiling. The planting of such hedges or trees hereafter on
the margin of highways is declared to be a public nuisance.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/9-109) (from Ch. 121, par. 9-109)
Sec. 9-109. 
		
		It is unlawful to construct any bridge or culvert upon any
ravine, creek, drainage ditch or river upon a public highway in this State
unless such bridge or culvert shall have the capacity of sustaining highway
traffic with safety.
Any person who violates the provisions of this Section shall be guilty
of a petty offense.
The fact that any such bridge or culvert does not conform with the
specifications of the Department in effect at the time when the contract
for such bridge or culvert is let, is prima facie evidence that the bridge
or culvert does not have the capacity of sustaining highway traffic with
safety.
(Source: P.A. 77-2238.)
(605 ILCS 5/9-110) (from Ch. 121, par. 9-110)
Sec. 9-110. 
		
		Any article, material or process covered by a patent granted by
the United States government may be specified and used for constructing or
maintaining any public highway if such specifications are drawn so as to
provide for an alternative method or methods of construction or maintenance
so that competition may be had between different types of materials
answering the same general purpose.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/9-111) (from Ch. 121, par. 9-111)
Sec. 9-111. 
		
		The highway authorities shall annually, at the proper season, to
prevent
the spread of noxious weeds as defined in the "Illinois Noxious Weed Law",
approved August 17, 1971, as
amended, destroy or
cause to be destroyed, all such noxious weeds growing upon public highways
under their respective jurisdictions. The highway authorities shall
seasonably mow or manage all weeds and other vegetation growing along the
highways under their respective jurisdictions.
Any highway officer failing to comply with the provisions of this
Section shall be guilty of a petty offense and shall be liable to a fine of
not less than $10 nor more than $25 for each season in which he neglects
such requirements.
(Source: P.A. 83-333.)
(605 ILCS 5/9-111.1) (from Ch. 121, par. 9-111.1)
Sec. 9-111.1. 
		
		The highway authorities shall from time to time inspect the
bridges and culverts on the public highways and streets under their
respective jurisdictions which span streams and watercourses and shall
remove driftwood and other materials accumulated within the right of way at
such structures which obstruct the free flow of either low or highwater.
Any general funds, and any forces and equipment available for maintenance
of the public highways or streets may be used for the removal of such
accumulated material.
(Source: Laws 1961, p. 2627.)
(605 ILCS 5/9-112) (from Ch. 121, par. 9-112)
Sec. 9-112. 
		
		At all grade crossings of public highways with railroads
outside the corporate limits of any municipality, the highway authority
having jurisdiction of such highways shall remove, or cause to be removed
from the highway all removable obstructions to view at such grade
crossings, such as unauthorized signs and billboards, brush and shrubbery,
and shall trim, or cause to be trimmed, all hedges and trees upon the
highway for a distance of not less than 300 feet from each side of such
crossings.
No person shall place, or cause to be placed, any sign or signal on a
public highway within a distance of 300 feet of any grade crossing, except
official traffic control devices authorized in an Act in relation to the
regulation of traffic, approved July 9, 1935, as now or hereafter amended,
any signs or signals required by law or the Illinois Commerce Commission
for the protection of such crossings.
Any person who violates any of the provisions of this Section shall be
guilty of a petty offense and fined not less than $10 nor more than $100
for each offense.
(Source: P.A. 77-2238.)
(605 ILCS 5/9-112.1) (from Ch. 121, par. 9-112.1)
Sec. 9-112.1. 
		
		No person shall place or cause to be placed any sign or billboard or
any advertising of any kind or description upon any State highway or on
any other highway outside the corporate limits of any municipality
except as may be required by this Code or "The Illinois Vehicle Code", as
now or hereafter
amended. This provision also shall apply to signs, billboards, or any
other advertising upon any bridge, other structure, wire, cable, or
other device, over or above such highway, whether constructed by the
Department or others except signs designating the name of the railroad
and the clearance provided. This Section does not prohibit or prevent
any public utility from placing upon, above, below or near any of its
facilities any signs or markers giving notice of the existence,
identification or location of such facilities located upon or adjacent
to any such highway. Such signs or markers shall be limited in size and
shape to the minimum necessary consistent with the safety of the public
in accordance with rules and regulations as promulgated by the
Department.
Any person who violates any of the provisions of this Section shall
be guilty of a petty offense and fined not less than $10 nor more than
$100 for each offense.
(Source: P.A. 81-840.)
(605 ILCS 5/9-112.2) (from Ch. 121, par. 9-112.2)
Sec. 9-112.2. 
		
		
		No person shall place, or cause to be placed upon or in view of any
public highway any sign or billboard or any advertising of any kind or
description which in wording, color or shape is similar to official traffic
control signs or other official traffic control devices erected by the
proper authority having jurisdiction over such highway in compliance with
the Manual of Uniform Traffic Control Devices for Streets and Highways, as
now or hereafter adopted by the Department.
No person shall place, or cause to be placed upon any building or other
structure, within 200 feet of any public highway, oscillating, rotating or
flashing lights which are of such intensity, when illuminated, to be
visible at any time from such highway. This prohibition does not apply to a
pole-supported business or brand identification sign with constant
illumination and color and in which the only movement is a slow rotation of
the entire body of the sign so as to be visible from all directions. This
prohibition does not apply to airport lights.
Any person who violates any of the provisions of this Section shall be
guilty of a petty offense and fined not less than $10 nor more than $100
for each offense.
(Source: P.A. 78-255.)
(605 ILCS 5/9-112.3) (from Ch. 121, par. 9-112.3)
Sec. 9-112.3. 
		
		Shelters for the convenience and comfort of persons waiting
for buses or other public transportation may be placed and maintained within
the right of way of any street or highway, including right of way for streets
and highways within municipalities, after a license or permit for the shelter
and location is obtained from the highway authority having jurisdiction.
Placement and location of shelters on any street or highway within a municipality
shall be subject to the approval of the corporate authorities of such municipality.
The owners may place advertising on the shelters if authorized by the license
or permit, provided, however, that no political advertising shall be placed
on any shelter on any street or highway at any time and further provided
that advertising on shelters shall be limited to one-third of the vertical
surface of the shelter.  Shelters shall not be placed or maintained on that
portion of the right of way designed and used for vehicle traffic and further
shall not be so placed as to impair the street or highway or interfere with
the free and safe flow of traffic.
(Source: P.A. 81-436.)
(605 ILCS 5/9-112.4)
Sec. 9-112.4. 
		
		Signs on a State highway right of way
located over sidewalks inside the corporate limits of a municipality
that do not interfere with vehicular or pedestrian traffic, as determined by
Department rule,
shall not
be removed by the Department.
(Source: P.A. 88-286.)
(605 ILCS 5/9-112.5)
Sec. 9-112.5. 
		Signs, billboards, and advertising in commuter parking lots. 
		Signs, billboards, and advertising, placed in a publicly owned and operated
commuter parking lot servicing public transportation and adjoined on 2 sides by
interstate highways, that do not interfere with vehicular or pedestrian
traffic, as determined by Department rule, shall not be removed by the
Department.
(Source: P.A. 89-319, eff. 1-1-96.)
(605 ILCS 5/9-112.6)
Sec. 9-112.6. Vegetation control permit.
(a) The Department may provide for vegetation control on land or a right-of-way under its jurisdiction related to the visibility of a permitted or registered outdoor advertising sign or grant a permit for such work.
(b)   The Department may issue rules to provide the standards and procedures for vegetation control, including, but not limited to, permit applications, permits, revocations, and the requirements for the replacement of vegetation and landscaping removal to establish clear visibility zones of signs along highways in the State under its jurisdiction.
(c) The Department shall allow the cutting or trimming of vegetation to clear a visibility zone 250 feet in front of a single-sided sign and 250 feet in front of each side of a double-sided sign. The visibility zone for signs shall also include an additional 250-foot triangular section measured diagonally from the edge of the right-of-way to the edge of pavement. This distance shall be measured from the edge of the sign face closest to the pavement in a direction parallel to the pavement. All cutting or trimming of vegetation shall maintain environmental compliance and in no event shall the cutting or trimming of vegetation violate safety rules of the Department.
(d) The Department shall process a completed vegetation control application within 45 days of receiving such an application.
(Source: P.A. 102-980, eff. 8-27-22.)
(605 ILCS 5/9-113) (from Ch. 121, par. 9-113)
Sec. 9-113. 
(a) No ditches, drains, track, rails, poles, wires, pipe line
or other equipment of any public utility company, municipal corporation
or other public or private corporation, association or person shall be
located, placed or constructed upon, under or along any highway, or upon any
township or district road, without first obtaining the written consent of the
appropriate highway authority as hereinafter provided for in this
Section.
(b) The State and county highway authorities are
authorized to promulgate
reasonable and necessary rules, regulations, and specifications for
highways for the administration of this Section.
In addition to rules promulgated under this subsection (b), the State highway
authority shall and a county highway authority may adopt coordination
strategies and practices designed and intended to establish and implement
effective communication respecting planned highway projects that the
State or county highway authority believes may require removal, relocation,
or modification in accordance with subsection (f) of this Section.  The
strategies and practices adopted shall include but need not be limited to the
delivery of 5 year programs, annual programs, and the establishment of
coordination councils in the locales and with the utility participation that
will
best facilitate and accomplish the requirements of the State and county
highway authority acting under subsection (f) of this Section. The utility
participation shall include assisting the appropriate highway authority in
establishing a schedule for the removal, relocation, or modification of the
owner's facilities in accordance with subsection (f) of this Section.  In
addition, each utility shall designate in writing to the Secretary of
Transportation or his or her designee an agent for notice and the delivery of
programs. The
coordination councils must be established on or before January
1, 2002.  The 90 day deadline for removal, relocation, or modification of the
ditches, drains, track, rails, poles, wires, pipe line, or other equipment in
subsection (f) of this Section shall be enforceable upon the establishment of
a coordination council in the district or locale where the property in question
is located.  The coordination councils organized by a county highway
authority shall include the county engineer, the County Board
Chairman or his or her designee, and with such utility participation as will
best
facilitate and accomplish the requirements of a highway authority acting under
subsection (f) of this Section.  Should a county
highway authority decide not to establish coordination councils,
the 90 day deadline for removal, relocation, or modification
of  the ditches, drains, track, rails, poles, wires, pipe line, or other
equipment
in subsection (f) of this Section shall be waived for those highways.
(c) In the case of non-toll federal-aid fully access-controlled State
highways, the State highway authority shall not grant consent to the
location, placement or construction of ditches, drains, track, rails,
poles, wires, pipe line or other equipment upon, under or along any such
non-toll federal-aid fully access-controlled State highway, which:
(1) would require cutting the pavement structure     portion of such highway for installation or, except in the event of an emergency, would require the use of any part of such highway right-of-way for purposes of maintenance or repair.  Where, however, the State highway authority determines prior to installation that there is no other access available for maintenance or repair purposes, use by the entity of such highway right-of-way shall be permitted for such purposes in strict accordance with the rules, regulations and specifications of the State highway authority, provided however, that except in the case of access to bridge structures, in no such case shall an entity be permitted access from the through-travel lanes, shoulders or ramps of the non-toll federal-aid fully access-controlled State highway to maintain or repair its accommodation; or
(2) would in the judgment of the State highway     authority, endanger or impair any such ditches, drains, track, rails, poles, wires, pipe lines or other equipment already in place; or
(3) would, if installed longitudinally within the     access control lines of such highway, be above ground after installation except that the State highway authority may consent to any above ground installation upon, under or along any bridge, interchange or grade separation within the right-of-way which installation is otherwise in compliance with this Section and any rules, regulations or specifications issued hereunder; or
(4) would be inconsistent with Federal law or with     rules, regulations or directives of appropriate Federal agencies.
(d) In the case of accommodations upon, under or along non-toll
federal-aid fully access-controlled State highways the State highway authority
may charge an entity reasonable compensation for the right of that entity to
longitudinally locate, place or construct ditches, drains, track, rails, poles,
wires,
pipe line or other equipment upon, under or along such highway.  Such
compensation may include in-kind compensation.
Where the entity applying for use of a non-toll federal-aid fully
access-controlled State highway right-of-way is a public utility company,
municipal corporation or other public or private corporation, association
or person, such compensation shall be based upon but shall not exceed a
reasonable estimate by the State highway authority of the fair market value
of an easement or leasehold for such use of the highway right-of-way.
Where the State highway authority determines that the applied-for use of
such highway right-of-way is for private land uses by an individual and not
for commercial purposes, the State highway authority may charge a lesser fee
than would be charged a public utility company, municipal corporation or
other public or private corporation or association as compensation for the
use of the non-toll federal-aid fully access-controlled State highway
right-of-way.  In no case shall the written consent of the State highway
authority give or be construed to give any entity any easement, leasehold
or other property interest of any kind in, upon, under, above or along the
non-toll federal-aid fully access-controlled State highway right-of-way.
Where the compensation from any entity is in whole or in part a fee, such
fee may be reasonably set, at the election of the State highway authority,
in the form of a single lump sum payment or a schedule of payments.
All such fees charged as compensation may be reviewed and adjusted upward by
the State highway authority once every 5 years provided that any such
adjustment shall be based on changes in the fair market value of an easement
or leasehold for such use of the non-toll federal-aid fully
access-controlled State highway right-of-way.  All such fees received as
compensation by the State highway authority shall be deposited in the Road Fund.
(e) Any entity applying for consent shall submit such information in
such form and detail to the appropriate highway authority as to allow the
authority to evaluate the entity's application.  In the case of
accommodations upon, under or along non-toll federal-aid fully
access-controlled State highways the entity applying for such consent shall
reimburse the State highway authority for all of the authority's reasonable
expenses in evaluating that entity's application, including but not limited
to engineering and legal fees.
(f) Any ditches, drains, track, rails, poles, wires, pipe line, or
other
equipment located, placed, or constructed upon, under, or along a highway
with the consent of the State or county highway authority under this
Section shall,
upon written notice by the State or county highway authority be
removed,
relocated, or modified by the owner, the owner's agents, contractors, or
employees at no expense to the State or county highway
authority when and as deemed necessary by the State or county highway
authority for highway
or highway safety purposes.
The notice shall be properly given after the completion of engineering plans,
the receipt of the necessary permits issued by the appropriate State and
county highway authority to begin work, and the establishment of sufficient
rights-of-way for a given utility authorized by the State or county highway
authority to remain on the highway right-of-way such that the unit of local
government or other owner of any facilities receiving notice in accordance
with this subsection (f) can proceed with relocating, replacing, or
reconstructing the ditches, drains, track, rails, poles, wires, pipe line, or
other
equipment.  If a permit application to relocate on a public right-of-way is not
filed within 15 days of the receipt of final engineering plans, the notice
precondition of a permit to begin work is waived.  However, under no
circumstances shall this notice provision be construed to require the State or
any
government department or agency to purchase additional
rights-of-way to accommodate utilities.
If, within 90 days after receipt of such
written notice,
the ditches, drains, track, rails, poles, wires, pipe line, or other
equipment
have not been removed, relocated, or modified to the reasonable satisfaction
of the State or county highway authority, or if
arrangements are not made satisfactory to the State or county
highway authority for such removal, relocation, or modification, the State
or county
highway
authority may remove, relocate, or modify such ditches, drains, track,
rails, poles, wires, pipe line, or other equipment and bill the owner
thereof for the total cost of such removal, relocation, or modification.
The scope of the project shall be taken into consideration by the State or
county highway authority in determining satisfactory arrangements.
The State or county highway authority shall determine the terms of payment
of those costs
provided that all costs billed by the State or county highway authority
shall not be made
payable over more than a 5 year period from the date of billing.
The State and county highway authority shall have the power to extend the
time of payment in cases of demonstrated financial hardship by a unit of
local government or other public owner of any facilities removed, relocated,
or modified from the highway right-of-way in accordance with this
subsection (f).
This
paragraph shall not be construed to prohibit the State or county highway
authority
from paying any part of the cost of removal, relocation, or modification
where such payment is otherwise provided for by State or federal statute or
regulation.
At any time within 90 days after written notice was given, the owner of the
drains, track, rails, poles, wires, pipe line, or other equipment may request
the district engineer or, if appropriate, the county engineer for a waiver of
the 90 day deadline. The appropriate district or county engineer shall make a
decision concerning waiver within 10 days of receipt of the request and may
waive the 90 day deadline if he or she makes a written finding as to the
reasons for waiving the deadline.  Reasons for waiving the deadline shall be
limited to acts of God, war, the scope of the project, the State failing to
follow the proper notice
procedure, and any other cause beyond reasonable control of the owner of
the facilities.  Waiver must not be unreasonably withheld.  If 90 days after
written notice was given, the ditches, drains, track, rails, poles, wires, pipe
line, or other equipment have not been removed, relocated, or modified to
the satisfaction of the State or county highway authority, no waiver of
deadline has been requested or issued by the appropriate district or county
engineer, and no satisfactory arrangement has been made with the
appropriate State or county highway authority, the State or county highway
authority or the general contractor of the building project may file a
complaint in the circuit court for an emergency order to direct and compel
the owner to remove, relocate, or modify the drains, track, rails, poles,
wires,
pipe line, or other equipment to the satisfaction of the appropriate highway
authority. The complaint for an order shall be brought in the circuit in which
the subject matter of the complaint is situated or, if the subject matter of
the
complaint is situated in more than one circuit, in any one of those
circuits.
(g) It shall be the sole responsibility of the entity, without expense to
the State highway authority, to maintain and repair its ditches,
drains, track, rails, poles, wires, pipe line or other equipment after it is
located, placed or constructed upon, under or along any State highway and in no
case shall the State highway authority thereafter be liable or responsible to
the
entity for any damages or liability of any kind whatsoever incurred by the
entity or to the entity's ditches, drains, track, rails, poles, wires, pipe
line or other equipment.
(h) Except as provided in subsection (h-1), upon receipt of an
application therefor,
consent to so use a highway may
be granted subject to such terms and conditions not inconsistent with
this Code as the highway authority deems for the best interest of the
public.
The terms and conditions required by the appropriate highway authority may
include but need not be limited to participation by the party granted consent
in the strategies and practices adopted under subsection (b) of this Section.
The
petitioner shall pay to the owners of property
abutting upon the affected highways established as though by
common law plat all damages the owners may sustain by reason of such use of
the highway, such damages to be ascertained and paid in the manner provided by
law for the exercise of the right of eminent domain.
(h-1) With regard to any public utility, as defined in Section 3-105 of
the Public Utilities Act, engaged in public water or public sanitary sewer
service that comes under the jurisdiction of the Illinois Commerce Commission,
upon receipt of an application therefor,
consent to so use a highway may
be granted subject to such terms and conditions not inconsistent with
this Code as the highway authority deems for the best interest of the
public.
The terms and conditions required by the appropriate highway authority may
include but need not be limited to participation by the party granted consent
in the strategies and practices adopted under subsection (b) of this Section.
If the highway authority does not have fee ownership of the property, the
petitioner shall pay to the owners of property located in the highway
right-of-way
all damages the owners may sustain by reason of such use of
the highway, such damages to be ascertained and paid in the manner provided by
law for the exercise of the right of eminent domain. The consent shall not
otherwise relieve the entity granted that
consent from obtaining by purchase, condemnation, or otherwise the
necessary approval of any owner of the fee over or under which the
highway or road is located, except to the extent that no such owner has
paid real estate taxes on the property for the 2 years prior to the
grant of the consent.  Owners of property that abuts the right-of-way but who
acquired the
property through a conveyance that either expressly excludes the property
subject to the right-of-way or that describes the property conveyed as ending
at the right-of-way or being bounded by the right-of-way or road shall not be
considered owners of property located in the right-of-way and shall not be
entitled to damages by reason of the use of the highway or road for utility
purposes, except that this provision shall not relieve the public utility
from the
obligation to pay for any physical damage it causes to
improvements lawfully located in the right-of-way. Owners of abutting
property whose descriptions include the right-of-way but are made subject to
the right-of-way shall be entitled to compensation for use of the
right-of-way.
If the property subject to the right-of-way is not owned by the
owners of the abutting property (either because it is expressly excluded from
the property conveyed to an abutting property owner or the property as conveyed
ends at or is bounded by the right-of-way or road), then the petitioner shall
pay any damages, as so calculated, to
the person or persons who have paid real estate taxes for the property as
reflected in the
county tax records. If no person has paid real estate taxes, then the
public interest permits the installation of the facilities without payment of
any damages. This provision of this
amendatory Act of the 93rd General Assembly is intended to clarify, by
codification, existing law and is not intended to change the law.
(i) Such consent shall be granted by the Department in the case of a
State highway; by the county board or its designated county superintendent
of highways in the case of a county highway; by
either the highway commissioner or the county superintendent of highways
in the case of a township or district road, provided that if consent is
granted by the highway commissioner, the petition shall be filed with
the commissioner at least 30 days prior to the proposed date of the
beginning of construction, and that if written consent is not given by
the commissioner within  30 days after receipt of the petition, the
applicant may make written application to the county superintendent of
highways for consent to the construction. In the case of township roads, the county superintendent of highways may either grant consent for the construction or deny the application. The county superintendent of highways shall provide written confirmation, citing the basis of the decision, to both the highway commissioner and the
applicant. This Section does not
vitiate, extend or otherwise affect any consent granted in accordance
with law prior to the effective date of this Code to so use any highway.
(j) Nothing in this Section shall limit the right of a highway
authority to permit the location, placement or construction or any ditches,
drains, track, rails, poles, wires, pipe line or other equipment upon,
under or along any highway or road as a part of its highway or road
facilities or which the highway authority determines is necessary to
service facilities required for operating the highway or road, including
rest areas and weigh stations.
(k) Paragraphs (c) and (d) of this Section shall not apply to any
accommodation located, placed or constructed with the consent of the State
highway authority upon, under or along any non-toll federal-aid fully
access-controlled State
highway prior to July 1, 1984, provided that accommodation was otherwise
in compliance with the rules, regulations and specifications of the State
highway authority.
(l) Except as provided in subsection (l-1), the consent to be granted
pursuant to this Section by the appropriate
highway authority shall be effective only to the extent of the property
interest of the State or government unit served by that highway authority.
Such consent shall not be binding on any owner of the fee over or under which
the highway or road is located and shall not otherwise relieve the entity
granted that consent from obtaining by purchase, condemnation or otherwise
the necessary approval of any owner of the fee over or under which the highway
or road is located.
This paragraph shall
not be construed as a limitation on the use for highway or road purposes
of the land or other property interests acquired by the public for highway
or road purposes, including the space under or above such right-of-way.
(l-1) With regard to any public utility, as defined in Section 3-105 of
the
Public Utilities Act, engaged in public water or public sanitary sewer service
that comes under the jurisdiction of the Illinois Commerce Commission, the
consent to be granted pursuant to this Section by the appropriate
highway authority shall be effective only to the extent of the property
interest of the State or government unit served by that highway authority.
Such consent shall not be binding on any owner of the fee over or under which
the highway or road is located but shall be binding on any abutting property
owner whose property boundary ends at the right-of-way of the highway or road.
For purposes of the preceding sentence, property that includes a portion of
a highway or road but is subject to the highway or road shall not be
considered to end at the highway or road.
The consent shall not otherwise relieve the entity
granted that consent from obtaining by purchase, condemnation or otherwise
the necessary approval of any owner of the fee over or under which the highway
or road is located, except to the extent that no such owner has paid real
estate taxes on the property for the 2 years prior to the grant of the
consent. This provision is not intended to absolve a utility from obtaining
consent
from a lawful owner of the roadway or highway property (i.e. a person whose
deed of conveyance lawfully includes the property, whether or not made subject
to the highway or road) but who does not pay taxes by reason of Division 6 of
Article 10 of the Property Tax Code.
This paragraph shall
not be construed as a limitation on the use for highway or road purposes
of the land or other property interests acquired by the public for highway
or road purposes, including the space under or above such right-of-way.
(m) The provisions of this Section apply to all permits issued  by  the
Department of Transportation and the
appropriate State or county highway
authority.
(Source: P.A. 102-449, eff. 1-1-22.)
(605 ILCS 5/9-113.01) (from Ch. 121, par. 9-113.01)
Sec. 9-113.01. 
		
		Except when otherwise provided for by contract, permit
or ordinance, a unit of local government having jurisdiction over streets
or roads may repair damage to any such streets or roads caused by a public
or private utility and bill the utility for the cost thereof if the utility
fails to complete such repairs within 30 days after receipt of written notice
from the unit of local government that such repairs must be made.  Primary
responsibility for such repairs shall remain with the utility.
As used in this Section, "unit of local government" means a county, municipality,
township or other unit designated as a unit of local government by law.
(Source: P.A. 81-1377.)
(605 ILCS 5/9-113.02)
Sec. 9-113.02. Damage to State-owned or local government-owned roadway property; highway and highway property.
(a) Any agency or instrumentality of the State of Illinois or unit of local government may seek recovery for the cost of the repair or replacement of damaged or destroyed roadway property. As used in this Section, "roadway property" includes road safety equipment and emergency equipment. Depreciation may not be used as a factor in determining the cost of the damaged or destroyed roadway property for which recovery is sought.
(b) Any agency or instrumentality of the State of Illinois or unit of local government may seek recovery for the cost of the repair of damaged or destroyed highways, highway structures, or traffic-control devices that result from operating, driving, or moving a truck tractor-semitrailer combination exceeding 55 feet in overall dimension authorized under paragraph (1) of subsection (b) or paragraph (1) of subsection (f) of Section 15-107 of the Illinois Vehicle Code. The measure of liability for the damage is the cost of repairing the highway, highway structure, or traffic-control device, or the depreciated replacement cost of a highway structure or traffic-control device.
(Source: P.A. 100-343, eff. 1-1-18.)
(605 ILCS 5/9-113.1) (from Ch. 121, par. 9-113.1)
Sec. 9-113.1. 
		
		(a) Except as otherwise provided in Sections 4-201.19 and
8-107.1 of this Code and in subsection (b) of this Section,
and except to the extent authorized in "An Act in relation to the construction,
operation, regulation and maintenance of a system of toll highways and to
create The Illinois State Toll Highway Authority, and to define its powers
and duties, to make an appropriation in conjunction therewith", approved
August 7, 1967, as amended, no commercial establishment for serving motorists
or highway users shall be constructed or located within the right-of-way
of, or on publicly-owned or publicly-leased land acquired or used for or
in connection with a highway. Nothing in this Act shall affect or impair
the application of Sections 4-210 and 4-211 of the Illinois Highway Code,
as now or hereafter amended to that portion of any highway where the rights
of direct private access thereto generally from abutting property have not
been extinguished by due process.
Nothing in this Code shall prohibit the solicitation of donations or
contributions by a local nonprofit organization at a courtesy rest stop
which has been established by that organization.  A courtesy rest stop is a
temporary facility, locally sponsored, to encourage safety only on
nationally recognized holidays by promoting a "refreshment break" for
motorists.  The courtesy rest stop must be conducted for the express
purpose of improving the safety of highway travel and not primarily as an
advertisement for any organization or other activity.
All courtesy rest stop activity shall be conducted completely within
existing safety rest areas located on freeways or other State highways and
only on those days recognized as national holidays.  Before granting
authorization to establish a courtesy rest area, the Department shall
determine that sufficient parking in the safety rest area or stop is
available without requiring vehicles to stop or park on any ramp or other
surface used for the movement of vehicles.  The refreshments and any other
service offered must be free of charge to the motorists.  However,
solicitation of free-will donations or contributions shall be permitted.
The Department shall cooperate with the
sponsoring organizations in the establishment of courtesy rest stops.
(b) The Department may permit the placement and operation of vending
machines in safety rest areas constructed or located on rights-of-way of
non-toll fully access controlled State highways.  The Department shall
adopt rules and regulations governing the type of services provided,
location and operation of machines, and all other aspects necessary to
provide the best public service consistent with federal and State statutes.
The Department, when allowing for the installation of vending machines,
shall provide for the operation of such facilities through the Department of
Human Services, which is the State licensing agency
designated pursuant to Section 2(a) (5) of the federal Randolph-Sheppard
Vending
Stand Act of June 20, 1936 (49 Stat. 1559, Title 20, Sections 107-107F).
The Department of Human Services shall assign licensed
blind vendors to operate these vending facilities.  However, if, after
notification to all licensed blind vendors of the availability of a
particular site, none is interested in operating that site, the Department of
Human Services may contract for the operation of that
site by a private contractor.  Any income, after deduction for cost of items,
labor and a negotiated percentage of profit, shall accrue to the Department of
Human Services for the exclusive benefit of the vending
facilities
for the blind program or other programs of rehabilitation and training for
the blind administered by the Department of Human
Services.  The
Department of Human Services shall periodically notify
licensed
blind vendors of the availability of such contractually operated sites and
make them available to interested licensed blind vendors.
(c) The Department of Transportation may not charge the operators of
vending facilities for any portion of the cost of rest area maintenance or
oversight services provided by its employees prior to the effective date of
this amendatory Act of 1985.  The Department shall not require the vending
machine operators to perform any services other than those related to
servicing and operating the approved vending machines.
(Source: P.A. 89-507, eff. 7-1-97.)
(605 ILCS 5/9-114) (from Ch. 121, par. 9-114)
Sec. 9-114. 
		
		Any person owning, using, or occupying lands on both sides of
any public highway has the privilege of making a crossing under the highway
for the purpose of letting his cattle and other domestic animals across
such highway. However, such person shall erect at his own expense, a good
and substantial bridge, with good railings on each side thereof, and build
an embankment, of easy grade, on either side of the bridge. The bridge
shall be not less than 16 feet wide, and be approved by the appropriate
highway authorities having jurisdiction of such public highway. The bridge
shall be kept constantly in good repair by the owner or occupant of the
land, the construction subject always to the consent and approval of such
appropriate highway authorities.
In case such crossing is made on any waterway or natural channel for
water and where a culvert or bridge is maintained as required for highway
purposes, the owners or occupants shall not be required to pay for or
construct any more of the crossings than the additional cost of such
crossing over and above the necessary cost of a suitable culvert or bridge
for highway purposes at such place.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/9-115) (from Ch. 121, par. 9-115)
Sec. 9-115. 
		
		It is unlawful for any person to excavate or remove or cause
the excavation or removal of the lateral support within a distance of 10
feet plus one and one-half times the depth of any excavation adjacent to
the established right-of-way of any public highway located outside the
corporate limits of any municipality, except that if any of the excavated
materials be of solid rock, the depth of such solid rock shall not be
considered in computing the limit of excavation from such right-of-way line
of such public highway.
It is unlawful for any person to deposit spoil or cause the spoil from
any excavation to be deposited in such a manner that the toe of such spoil
will be nearer than 20 feet to any established right-of-way of any public
highway located outside the corporate limits of any municipality.
Whenever any person violates or causes the foregoing provisions of this
Section to be violated, he shall be guilty of a petty offense for each day
such violation occurs and until such unlawful excavation is backfilled or
unlawful spoil banks are removed, either by the offenders or by the public
authorities as provided hereinafter in this Section.
Where any such violation occurs along any public highway the proper
highway authority having jurisdiction of that particular highway is
authorized to take the necessary steps as required by law to enter upon the
property where such violation occurs and backfill or cause to be backfilled
the unlawful excavation or remove or cause to be removed the unlawful spoil
banks, whichever case it may be, or both, in such a manner as will conform
with the foregoing provisions of this Section, and the costs of such work,
together with court costs, may be recovered from such violators in the circuit
court in the county where such violation occurred.
Nothing in this Section shall prohibit the construction and maintenance
of grade separation crossings of any public utility, private corporation or
individuals, or in any way conflict with any other laws governing such
grade separations; nor shall the provisions of this Section in any way
apply to pipe line construction or maintenance where such work is done to
the satisfaction of the highway authorities having jurisdiction over such
public highway; nor to the excavation of earth necessary for the
construction of foundations or basement walls.
(Source: P.A. 83-345.)
(605 ILCS 5/9-115.1) (from Ch. 121, par. 9-115.1)
Sec. 9-115.1. 
		
		It is unlawful for any person to construct or cause to
be constructed any  drainage facility for the purpose of the detention or
retention of water within a distance of 10 feet plus one and one-half times
the depth of any drainage facility adjacent to the right-of-way of any
public highway without the written permission of the highway authority
having jurisdiction over the public highway.
It is unlawful for any person to construct or cause to be constructed
any earthen berm such that the toe of such berm will be nearer than 10 feet
to the right-of-way of any public highway without the written permission of
the highway authority having jurisdiction over the public highway.
(Source: P.A. 86-616.)
(605 ILCS 5/9-116) (from Ch. 121, par. 9-116)
Sec. 9-116. 
		
		The owner of any hedge fence growing along the right-of-way
line of any public highway shall during the year next after such hedge has
obtained the age of 7 years and during each year thereafter, trim such
hedge fence to a height not exceeding 5 feet, except for Osage hedge which
shall be trimmed annually after the second year from the first trimming to
a height not exceeding 4 feet, and the owner shall trim all such hedges on
the road side so that foliage will not extend over the right-of-way line
for a distance in excess of 4 feet. All such trimming so required shall be
done prior to October first.
The highway authority having jurisdiction over the highway, upon
application of the owner of a farm, may permit such owner to grow a hedge
fence to any desired height for a distance not to exceed one-fourth the
total length of the hedge fence along the highway to serve as a windbreak
for livestock. Such permit is revocable at any time.
The provisions of this Section do not apply to any hedge protecting
either an orchard or a building.
Any failure or refusal to comply with the provisions of this Section is
a petty offense and is punishable by a fine of not less than $10 nor more
than $50 for each year of such failure or refusal.
(Source: P.A. 77-2238.)
(605 ILCS 5/9-117) (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.)
(605 ILCS 5/9-118) (from Ch. 121, par. 9-118)
Sec. 9-118. 
		
		Any association, society, person or persons may, upon obtaining
a permit from the highway authorities having jurisdiction over the
particular highway, and the consent in writing of the owners of adjacent
property, plant or set out trees, shrubs, plants or flowers in or upon the
right-of-way of any highway within this State, provided that no such tree,
shrub, or flower shall be permitted to obstruct the vision of persons
traveling upon or across such highways.
Consent in writing of the owners of the adjacent property shall not be
mandatory, as the highway authority shall determine, for plantings in a median
or in those portions of a highway
where direct access from the adjacent property is not provided. The highway
authority having jurisdiction may
place suitable signs giving notice of the association, society, person, or
persons doing the planting.
(Source: P.A. 91-775, eff. 6-9-00.)
(605 ILCS 5/9-119) (from Ch. 121, par. 9-119)
Sec. 9-119. 
		
		Whoever wilfully drives upon, picks, removes, destroys, cuts
down, or in any manner injures any tree, shrub, plant or flower planted or
growing within the right-of-way of any public highway, shall be guilty of a
petty offense and fined not more than $100. However, the provisions of this
section shall not preclude the highway authority having jurisdiction over
the highway from trimming, transplanting, or removing such trees, shrubs,
plants or flowers when necessary, in the discretion of such authority, to
facilitate the use of such highways for public travel.
(Source: P.A. 77-2238.)
(605 ILCS 5/9-119.5)
Sec. 9-119.5. Hay harvesting permit.
(a) The Department may issue a hay harvesting permit authorizing the mowing and harvesting of hay on a specified right-of-way in this State. An owner or owner's designee has priority until July 30 of each year to receive a permit for the portion of right-of-way that is adjacent to the owner's land. After July 30 of each year, a permit may be issued to an applicant that is not the owner of the land adjacent to the right-of-way for a maximum distance of 5 miles each year. A permit issued under this subsection may be valid from July 15 of each year until September 15 of each year, and the Department must include the timeframe that the permit is valid on every permit issued under this subsection.  Commencement of harvesting activity notice  instructions must be included on every permit under this subsection in accordance with paragraph (1) of subsection (c) of this Section. The non-refundable application fee for every permit under this subsection is $40, and all fees collected by the Department shall be deposited into the Road Fund.
(b) An applicant for a permit in subsection (a) must:
(1) sign a release acknowledging that the applicant     (i) assumes all risk for the quality of the hay harvested under the permit, (ii) assumes all liability for accidents or injury that results from  the activities permitted by the Department, (iii) is liable for any damage to the right-of-way described in paragraphs (5) and (6) of subsection (c), and (iv) understands that the State or any instrumentality thereof assumes no risk or liability for the activities permitted by the Department;
(2) demonstrate proof that a liability insurance     policy in the amount of not less than $1,000,000 is in force to cover any accident, damage, or loss that may occur to persons or property as a result of the activities permitted by the Department; and
(3) pay a non-refundable application fee of $40.
(c) The usage of a permit in subsection (a) is subject to the following limitations:
(1) The permittee must give the Department 48 hours     notice prior to commencing any activities permitted by the Department;
(2) The permittee must identify the location of     noxious weeds pursuant to the Noxious Weed Law. Noxious weeds may be mowed but may not be windrowed or baled;
(3) The permittee may use the permit only during the     timeframes specified on the permit;
(4) The permittee must carry a copy of the permit at     all times while performing the activities permitted by the Department;
(5) The permittee may use the permit only when soil     in the right-of-way is dry enough to prevent rutting or other similar type of damage to the right-of-way; and
(6) The permittee may not alter, damage, or remove     any right-of-way markers, land monuments, fences, signs, trees, shrubbery or similar landscape vegetation, or other highway features or structures.
(d) The Department may immediately terminate a permit in subsection (a) issued to a permittee for failure to comply with the use limitations of subsection (c).
(e) The Department or the permittee may cancel the permit at any time upon 3 days written notice.
(f) The Department may promulgate rules for the administration of this Section.
(Source: P.A. 96-415, eff. 8-13-09; 97-813, eff. 7-13-12.)
(605 ILCS 5/9-119.6)
Sec. 9-119.6. Switchgrass production permit.
(a) The Department may issue a switchgrass production permit authorizing the planting and harvesting of switchgrass on a specified right-of-way in this State. An owner or owner's designee has priority until March 1 of each year to receive a permit for the portion of right-of-way that is adjacent to the owner's land and for which no permit is in effect. After March 1 of each year, a permit may be issued to an applicant that is not the owner of the land adjacent to the right-of-way for a maximum distance of 5 miles. A permit issued under this subsection may be valid for a period of 5 years, and the Department must include the timeframe that the permit is valid on every permit issued under this subsection.  Commencement of harvesting activity notice  instructions must be included on every permit under this subsection in accordance with paragraph (1) of subsection (c) of this Section. The non-refundable application fee for every permit under this subsection is $200, and all fees collected by the Department shall be deposited into the Road Fund.
(b) An applicant for a permit in subsection (a) must:
(1) sign a release acknowledging that the applicant     (i) assumes all risk for the quality of the switchgrass produced under the permit, (ii) assumes all liability for accidents or injury that results from  the activities permitted by the Department, (iii) is liable for any damage to the right-of-way described in paragraphs (3) and (4) of subsection (c), and (iv) understands that the State or any instrumentality thereof assumes no risk or liability for the activities permitted by the Department;
(2) demonstrate proof that a liability insurance     policy in the amount of not less than $1,000,000 is in force to cover any accident, damage, or loss that may occur to persons or property as a result of the activities permitted by the Department; and
(3) pay a non-refundable application fee of $200.
(c) The usage of a permit in subsection (a) is subject to the following limitations:
(1) The permittee must give the Department 48 hours     notice prior to commencing any activities permitted by the Department;
(2) The permittee must carry a copy of the permit at     all times while performing the activities permitted by the Department;
(3) The permittee may use the permit only when soil     in the right-of-way is dry enough to prevent rutting or other similar type of damage to the right-of-way; and
(4) The permittee may not alter, damage, or remove     any right-of-way markers, land monuments, fences, signs, trees, shrubbery or similar landscape vegetation, or other highway features or structures.
(d) The Department may immediately terminate a permit in subsection (a) issued to a permittee for failure to comply with the use limitations of subsection (c).
(e) The Department or the permittee may cancel the permit at any time upon 3 days written notice.
(f) The Department may promulgate rules for the administration of this Section.
(Source: P.A. 97-134, eff. 1-1-12; 97-813, eff. 7-13-12.)
(605 ILCS 5/9-121) (from Ch. 121, par. 9-121)
Sec. 9-121. 
		
		It is unlawful for any person to deposit in a public
highway or rest area weeds, trash, garbage or other offensive matter or any broken
bottles, glass, boards containing projecting nails or any other thing
likely to cause punctures in the tires of motor vehicles; and any person
so offending shall be guilty of a petty offense. However, this Section
shall not apply to proper deposits of harmless materials made in good
faith and in a proper manner to repair the roads or to the proper disposal
of travel and picnic trash in the waste containers provided for such purpose
at rest areas.
(Source: P.A. 81-551.)
(605 ILCS 5/9-122) (from Ch. 121, par. 9-122)
Sec. 9-122. 
		
		If any person purposely destroys or injures any sidewalk,
public bridge, culvert, or causeway, or removes any of the timber or plank
thereof, or obstructs the same, he shall be guilty of a petty offense,
fined not more than $100, and shall be liable for all damages occasioned
thereby and all necessary costs for rebuilding or repairing the same.
(Source: P.A. 77-2238.)
(605 ILCS 5/9-123) (from Ch. 121, par. 9-123)
Sec. 9-123. 
		
		No person, firm, corporation, or institution, public or
private, shall discharge or empty any type of sewage, including the
effluent from septic tanks or other sewage treatment devices, or any other
domestic, commercial or industrial waste, or any putrescible liquids, or
cause the same to be discharged or emptied in any manner into open ditches
along any public street or highway, or into any drain or drainage structure
installed solely for street or highway drainage purposes.
Any person, firm, corporation, or institution, public or private, in
violation of this Section, shall be guilty of a petty offense and in
addition shall be fined $25 per day for each day such violation exists.
The highway authority having jurisdiction over the public street or
highway affected by such violation shall enter a complaint in the proper
court against any violator of this Section. Upon the failure of any such
highway authority to so act, any other person, may in the name of the
political division or municipality, enter such complaint.
(Source: P.A. 77-2238.)
(605 ILCS 5/9-124) (from Ch. 121, par. 9-124)
Sec. 9-124. 
		
		
		It is unlawful for any person to camp on any public highway in this
State or to make, other than in an emergency, a rest stop except at areas
designated for such rest stops.
Any resident of this State may enter complaint before the circuit court
against any person or persons found violating this Section and the court
shall issue a warrant for the arrest of such violators and have them
brought forthwith before such court for examination. Any such violator
shall be guilty of a Class C misdemeanor.
(Source: P.A. 78-628.)
(605 ILCS 5/9-124.1) (from Ch. 121, par. 9-124.1)
Sec. 9-124.1. 
		
		
		It is unlawful for any person to tether or turn loose any stock, cows,
horses or other animals on any public highway in this State for the purpose
of feeding the same.
Any resident of this State may enter complaint before the circuit court
against any person or persons found violating this Section and the court
shall issue a warrant for the arrest of such violators and have them
brought forthwith before such court for examination. Any such violator
shall be guilty of a Class C misdemeanor.
(Source: P.A. 78-628.)
(605 ILCS 5/9-125) (from Ch. 121, par. 9-125)
Sec. 9-125. 
		
		The appropriate highway authorities shall seasonably prosecute
for all fines and penalties provided for in this Code for violations
committed on highways under their respective jurisdictions.
Whenever any person complains of a violation of this Code to the highway
authority that has jurisdiction over the particular highway where the
violation of this Code is alleged to have been committed, such highway
authority shall proceed to investigate as to the reason for such complaint
and, if the complaint is found to be just, shall at once proceed to
prosecution of the offender.
In case the highway authority fails to prosecute, complaint may be made
by any person before any court of proper jurisdiction.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/9-126) (from Ch. 121, par. 9-126)
Sec. 9-126. 
		
		Fines and penalties recovered under the provisions of this Code
shall be paid over to the treasurer of the highway authority responsible
for the maintenance and upkeep of the public street or highway upon or
along which the violation or offense occurred, and all such monies shall be
used only for the construction or maintenance of such streets or highways.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/9-127) (from Ch. 121, par. 9-127)
Sec. 9-127. (a) Except as provided in subsections (b),
						
						(c), and (d)
and in cases
where the deed, or other instrument, dedicating
a highway or part thereof, has expressly provided for a specific devolution
of the title thereto upon the abandonment or vacation thereof, whenever any
highway or any part thereof is vacated under or by virtue of any Act of
this State or by the highway authority authorized to vacate the highway,
the title to the land included within the highway or part thereof so
vacated, vests in the then owners of the land abutting thereon, in the same
proportions and to the same extent, as though the highway had been
dedicated by a common law plat (as distinguished from a statutory plat) and
as though the fee of the highway had been acquired by the owners as a part
of the land abutting on the highway except, however, such vacation shall
reserve to any public utility with facilities located in, under, over or upon
the land an easement for the continued use, if any, by such public utility.
(b) When any highway authority determines to vacate a highway under
its jurisdiction, or part thereof, established within a subdivision by a
statutory plat, that authority may vacate such highway and convey the
highway authority's interest in such highway to any bona fide organization
of property owners of the subdivision which (1) is so organized as to be
able to receive, hold and convey real property, (2) has petitioned the
highway authority for the vacation of the highway, and (3) undertakes to
develop the property for the use and benefit of the public. If the
association abandons the property, it passes as provided in subsection (a).
(c) When any highway authority determines to vacate a highway or part of a
highway under
its jurisdiction established within a subdivision by a
statutory plat, that authority may vacate the highway and convey the
highway authority's interest in the highway to any township road district which
(1) has petitioned the highway authority for the vacation of the highway and
(2) undertakes to develop the property as a bike path or alley
for the use and benefit of the public.  If the property is subsequently
incorporated within a municipality, the township road district may transfer its
interest to the municipality.  If the township road district or municipality
abandons the property, it passes as provided in subsection (a).
(d) When any highway authority  determines to vacate a highway or a part of a highway under its jurisdiction, the authority may sell the vacated highway property to any third party at fair market value if (1) the authority has either a fee simple interest in the vacated highway property or a dedication of that property by statutory plat and (2) the right of first refusal with regard to the vacated highway property has been granted to adjoining landowners for fair market value.
(Source: P.A. 93-321, eff. 7-23-03; 94-476, eff. 8-4-05.)
(605 ILCS 5/9-128) (from Ch. 121, par. 9-128)
Sec. 9-128. 
		
		Any person who intentionally damages or removes an official
sign or other traffic control device erected by the proper authority having
jurisdiction over such highway authorized by Chapter 11, Article III of The
Illinois Vehicle Code, as now or hereafter amended, or any other sign
authorized and approved by this Code shall be guilty of a Class C
misdemeanor, punishable by a fine of at least $250 in addition to any other
penalties which may be imposed.  This Section does not apply to persons
properly authorized to repair or remove such signs or other traffic
control device.
(Source: P.A. 83-672.)
(605 ILCS 5/9-129) (from Ch. 121, par. 9-129)
Sec. 9-129. 
		
		Agricultural aircraft used for crop dusting or other activities
in aid of agriculture as authorized by the Division of Aeronautics of the
Department of Transportation may use any county highway or township road
as defined under Sections 2-204 and 2-205 of this Code, if granted permission
by the County Superintendent of Highways or the Highway Commissioner, whoever
shall have proper jurisdiction over such road. Permission to use county
highways or township roads shall only be granted by the County Superintendent
of Highways or the Highway Commissioner if the average daily traffic count
is less than 200. Roads used by agricultural aircraft shall be blocked by
barricades conforming to the Manual of Uniform Traffic Control Devices adopted
by the Department and shall be accompanied at all times, while in
place upon such road, by a flagman. All barricades and flagmen shall be
furnished by any individual applying for permission to use any such roads
for agricultural aircraft.
Traffic shall not be delayed by the use of a county highway or township
road by agricultural aircraft by more than 15 minutes in each 30 minute
period, and no emergency vehicle shall be delayed at any time unless the
safety of either the plane or emergency vehicle would be seriously threatened
if the emergency vehicle were allowed to proceed.
A county, county superintendent of highways, township or township commissioner
shall not be liable for any personal injuries caused as a result of the
operation of agricultural aircraft on such highways.
(Source: P.A. 83-92.)
(605 ILCS 5/9-130) (from Ch. 121, par. 9-130)
Sec. 9-130. 
		
		No person, firm, corporation or institution,
public or private,
shall plow or remove or cause to be plowed or removed ice or snow from any
shopping center, parking lot, commercial or institutional service area or
driveway or any other public or private service area or driveway and deposit
such ice or snow upon a public highway or along the shoulder or edge of
a public highway.  Such prohibition shall not pertain to a residential driveway
or sidewalk.
Any person, firm, corporation or institution, public or private, who violates
this Section is guilty of a petty offense.
(Source: P.A. 83-1362.)
(605 ILCS 5/9-131)
Sec. 9-131. Installation of fiber-optic network conduit.
(a) For purposes of this Section:
"Fiber-optic network conduit" means a pipe or duct used to enclose fiber-optic cable facilities buried alongside the roadway or surface mounted on bridges, overpasses, and other facilities where below ground placement is impossible or impractical.
(b) In order to ensure affordable high-speed, world-class core information and communication networks are available throughout Illinois, the Illinois Department of Transportation and the Department of Central Management Services shall collaborate to install fiber-optic network conduit where it does not already exist in every new State-funded construction project that opens, bores, or trenches alongside a State-owned infrastructure, including, but not limited to, roadways and bridges. The Department of Central Management Services or the Department of Transportation may permit a  third party to manage the fiber and conduit leasing. The Department of Central Management Services and the Department of Transportation shall take reasonable steps to ensure market-based, non-discriminatory pricing. Public bidding notices for such projects must describe the need for fiber-optic conduit or cable. The Department of Transportation shall report annually to the Governor and the General Assembly on the progress and any associated costs incurred by this Section. This Section does not prohibit the State from purchasing or installing fiber-optic cable within the fiber-optic network conduit.
(Source: P.A. 96-37, eff. 7-13-09.)
(605 ILCS 5/9-132)
Sec. 9-132. Highway design.  A unit of local government may consult a highway design publication outside the Department's Bureau of Local Roads and Streets Manual for the construction of any highway in ownership or control of the unit of local government, except for a highway that is part of the National System of Interstate and Defense Highways, if:
(1) the unit of local government receives federal or     State funds for the construction project;
(2) the highway design publication is approved by the     Federal Highway Administration;
(3) the highway design publication is adopted by the     unit of local government; and
(4) the design complies with all other applicable     federal laws.
(Source: P.A. 99-727, eff. 1-1-17.)