2023 Illinois Compiled Statutes › Chapter 605 - ROADS AND BRIDGES › 605 ILCS 5/ - Illinois Highway Code. › Article 2 - Systems Of Highways - Definitions

(605 ILCS 5/Art. 2 heading)
ARTICLE 2.  
		SYSTEMS OF HIGHWAYS - DEFINITIONS
(605 ILCS 5/Art. 2 Div. 1 heading)
DIVISION 1.  
		SYSTEMS OF HIGHWAYS
(605 ILCS 5/2-101) (from Ch. 121, par. 2-101)
Sec. 2-101. 
		
		
		The State highway system includes the following rural highways together
with their municipal extensions except those not designated by a State
highway route number and for which an agreement initiated by a local
authority has been executed between the Department and the local authority
providing for other jurisdictional responsibility:
(a) Highways constructed under the provisions of "An     Act in relation to the construction by the State of Illinois of a state-wide system of durable hard surfaced roads upon public highways, of the State and the provision of means for the payment of the cost thereof by an issue of bonds of the State of Illinois", approved June 22, 1917, and under the provisions of "An Act in relation to the construction by the State of Illinois, of durable hard surfaced roads upon public highways of the State along designated routes, and the provision of means for the payment of the cost thereof by an issue of bonds of the State of Illinois", approved June 29, 1923;
(b) Highways constructed by the State as federal aid     interstate highways or federal aid primary highways under the provisions of "An Act in relation to the construction and maintenance of Federal-aid roads under and in accordance with an Act of Congress entitled, 'An Act to provide that the United States shall aid the states in the construction of rural post roads, and for other purposes', approved July 11, 1916, and known as the Federal Aid Road Act, as heretofore or hereafter amended by Congress and all Acts supplemental thereto", approved June 27, 1917, as amended.
(c) Highways constructed as federal aid secondary     highways under the provisions of Section 11a of "An Act in relation to State highways", approved June 24, 1921, as amended, and for which maintenance responsibility has not been delegated to a county pursuant to an agreement between the Department and a county under the provisions of that Act.
(d) Highways constructed as State aid roads under the     provisions of "An Act to revise the law in relation to roads and bridges", approved June 27, 1913, as amended, and accepted by the Department for maintenance under the provisions of Section 32 of that Act;
(e) Highways constructed under the provisions of     Section 9 of the "Motor Fuel Tax Law", approved March 25, 1929, as amended, which the Department was directed to maintain by such Section 9;
(f) Highways constructed by the Department under the     provisions of authority granted by any Act of the General Assembly prior to the effective date of this Code;
(g) Highways on which construction is completed after     the effective date of this Code and which under the provisions of this Code become a part of the State highways system;
(h) Highways added to the State Highway system under     the provisions of this Code.
(Source: Laws 1967, p. 3065.)
(605 ILCS 5/2-102) (from Ch. 121, par. 2-102)
Sec. 2-102. 
		The county highway system includes the following highways:
(a) Highways which were State aid roads under the provisions of "An Act
to revise the law in relation to roads and bridges", approved June 27,
1913, as amended, immediately prior to the effective date of this Code
together with municipal extensions thereof constructed prior to such
effective date and for which the county was responsible for maintenance, in
whole or in part, under the provisions of Section 32 of that Act, Section
12 of "An Act in relation to State highways", approved June 24, 1921, as
amended, or Section 9 of the "Motor Fuel Tax Law", approved March 25,
1929, as amended.
(b) Highways selected and improved as federal aid secondary highways
under the provisions of Section 11a of "An Act in relation to State
highways", approved June 24, 1921, as amended, which a county has agreed
to maintain pursuant to an agreement between the Department and a county
under the provisions of that Act.
(c) Highways on which construction is completed after the effective date
of this Code and which under the provisions of this Code become a part of
the county highway system.
(d) Highways added to the county highway system under the provisions of
this Code.
(e) Any access road constructed under Section 10-22.36A of The School
Code and connecting school grounds with any highway described in the
preceding paragraphs of this Section.
(Source: P.A. 76-1500.)
(605 ILCS 5/2-103) (from Ch. 121, par. 2-103)
Sec. 2-103. 
		
		The township and district road system includes all rural roads
to which this Code applies under Section 1-103 and which are not a part of
the State highway system, county highway system or municipal street system,
and includes any access road constructed under Section 10-22.36A of The
School Code which connects school grounds with such a rural road. The
township and district road system also includes such nondedicated
subdivision roads as have been maintained or improved, under Section
6-701.8, with motor fuel tax funds allocated for use in road districts.
(Source: P.A. 78-1252; 78-1274.)
(605 ILCS 5/2-104) (from Ch. 121, par. 2-104)
Sec. 2-104. 
		
		The municipal street system of the several municipalities
includes existing streets and streets hereafter established in
municipalities which are not a part of the State highway system or county
highway system, together with roads outside their corporate limits over
which they have jurisdiction pursuant to this Code or any other statute,
and includes any access road constructed under Section 10-22.36A of The
School Code which connects school grounds with such a street or road.
(Source: P.A. 76-1500.)
(605 ILCS 5/Art. 2 Div. 2 heading)
DIVISION 2.  
		DEFINITIONS
(605 ILCS 5/2-201) (from Ch. 121, par. 2-201)
Sec. 2-201. 
The terms used in this Code shall, for the purposes of this
Code, have the meanings ascribed to them in this Division of this Article,
except when the context otherwise requires.
(Source: P.A. 103-154, eff. 6-30-23.)
(605 ILCS 5/2-202) (from Ch. 121, par. 2-202)
Sec. 2-202. 
Highway-any public way for vehicular travel which has been
laid out in pursuance of any law of this State, or of the Territory of
Illinois, or which has been established by dedication, or used by the
public as a highway for 15 years, or which has been or may be laid out and
connect a subdivision or platted land with a public highway and which has
been dedicated for the use of the owners of the land included in the
subdivision or platted land where there has been an acceptance and use
under such dedication by such owners, and which has not been vacated in
pursuance of law. The term "highway" includes rights of way, bridges,
drainage structures, signs, guard rails, protective structures, shared-use paths for nonvehicular public travel, sidewalks, bike paths, and all
other structures and appurtenances necessary or convenient for vehicular
traffic. A highway in a rural area may be called a "road", while a highway
in a municipal area may be called a "street".
(Source: P.A. 102-452, eff. 8-20-21.)
(605 ILCS 5/2-203) (from Ch. 121, par. 2-203)
Sec. 2-203. 
		
		State highway-any highway that is part of the State highway
system described in Section 2-101.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/2-204) (from Ch. 121, par. 2-204)
Sec. 2-204. 
		
		County highway-any highway that is part of the county highway
system described in Section 2-102.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/2-205) (from Ch. 121, par. 2-205)
Sec. 2-205. 
		
		Township road-any highway that is part of the township and
district road system described in Section 2-103 and which, under the
provisions of this Code, is under the immediate jurisdiction of a road
district comprised of a single township in a county having township
organization.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/2-206) (from Ch. 121, par. 2-206)
Sec. 2-206. 
		
		District road-any highway that is part of the township and
district road system described in Section 2-103 and which, under the
provisions of this Code, is under the immediate jurisdiction of a road
district other than a road district comprised of a single township in a
county having township organization.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/2-207) (from Ch. 121, par. 2-207)
Sec. 2-207. 
		
		Street-any highway that is part of the municipal street system
described in Section 2-104.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/2-208) (from Ch. 121, par. 2-208)
Sec. 2-208. 
		
		Federal aid highway-any highway heretofore or hereafter
designated by the Department and approved by the appropriate authority of
the federal government as such under the Federal Aid Road Act.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/2-209) (from Ch. 121, par. 2-209)
Sec. 2-209. 
		
		Federal Aid Road Act-An Act of congress, approved July 11,
1916, entitled "An Act to provide that the United States shall aid the
states in the construction of rural post roads, and for other purposes", as
heretofore or hereafter amended by Congress and all Acts heretofore or
hereafter enacted by Congress which are supplemental thereto.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/2-210) (from Ch. 121, par. 2-210)
Sec. 2-210. 
		
		Construct-Construction-The performance of all things
necessary to build, rebuild or improve a highway, or part thereof, on an
existing location or on a new location established pursuant to this Code.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/2-211) (from Ch. 121, par. 2-211)
Sec. 2-211. 
		
		
		Department-The Department of Transportation of this State and its
predecessor.
(Source: P.A. 77-173.)
(605 ILCS 5/2-212) (from Ch. 121, par. 2-212)
Sec. 2-212. 
		
		Freeway-A highway or street especially designed for through
traffic, and to, from, or over which owners of or persons having an
interest in abutting land or other persons have no right or easement or
only a limited right or easement of access, crossing, light, air, or view
by reason of the fact that such property abuts upon such highway or street
or for any other reason.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/2-213) (from Ch. 121, par. 2-213)
Sec. 2-213. 
		
		Highway authority or highway authorities-The Department with
respect to a State highway; the county board with respect to a county
highway or a county unit district road if a discretionary function is
involved and the county superintendent of highways if a ministerial
function is involved; the highway commissioner with respect to a township
or district road not in a county unit road district; or the corporate
authorities of a municipality with respect to a municipal street.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/2-214) (from Ch. 121, par. 2-214)
Sec. 2-214. 
		
		Maintain-Maintenance-The performance of all things necessary
to keep a highway in serviceable condition for vehicular traffic.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/2-215) (from Ch. 121, par. 2-215)
Sec. 2-215. 
		
		Municipality-Any city, village or incorporated town organized
under the laws of this State, and does not include any other political
subdivision or municipal corporation.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/2-216) (from Ch. 121, par. 2-216)
Sec. 2-216. 
		
		Person-Any person, firm, partnership, association, public or
private corporation, organization or business or charitable trust.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/2-217) (from Ch. 121, par. 2-217)
Sec. 2-217. 
		
		Right-of-way-The land, or interest therein, acquired for or
devoted to a highway.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/2-218) (from Ch. 121, par. 2-218)
Sec. 2-218. 
		
		Rural highway or rural road-Any highway or road outside the
corporate limits of any municipality.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/2-219) (from Ch. 121, par. 2-219)
Sec. 2-219. 
		
		State funds-Any funds appropriated for highway purposes by the
General Assembly.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/2-220) (from Ch. 121, par. 2-220)
Sec. 2-220. 
		
		The Department, after consultation with the Department of
Natural Resources, shall, where appropriate,
maintain in forested lands, rather than grasslands, Department-controlled
property adjacent to and between divided lanes of State highways.  In
determining where such forestation is appropriate, the Department shall
consider whether such forestation would:
(a) enhance the scenic quality of the highway;
(b) provide additional habitat for wildlife;
(c) result in a financial savings from reduced grassland maintenance;
(d) enhance air quality;
(e) serve as
a deterrent to soil erosion;
(f) not hinder drivers' visibility or otherwise create a
traffic hazard; and
(g) be fiscally prudent considering the availability of low cost or no cost
nursery stock as provided by the Department of Natural Resources.
(Source: P.A. 89-445, eff. 2-7-96.)