2023 Illinois Compiled Statutes › Chapter 605 - ROADS AND BRIDGES › 605 ILCS 5/ - Illinois Highway Code. › Article 4 - State Administration Of Highways

(605 ILCS 5/Art. 4 heading)
ARTICLE 4.  
		STATE ADMINISTRATION OF HIGHWAYS
(605 ILCS 5/Art. 4 Div. 1 heading)
DIVISION 1.  
		GENERAL POWERS OF DEPARTMENT
(605 ILCS 5/4-101) (from Ch. 121, par. 4-101)
Sec. 4-101. 
		
		
		The Department shall have the powers and duties stated in Sections
4-101.1 to 4-101.16, inclusive.
(Source: P.A. 78-315.)
(605 ILCS 5/4-101.1) (from Ch. 121, par. 4-101.1)
Sec. 4-101.1. 
		
		To have general supervision of highways to which this Code
applies under the provisions of Section 1-103 heretofore or hereafter
constructed or thereafter maintained in whole or in part with State funds.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/4-101.2) (from Ch. 121, par. 4-101.2)
Sec. 4-101.2. 
		
		To prescribe rules and regulations not inconsistent with law,
relating to the examination and qualifications of candidates for the office
of county superintendent of highways. Such rules and regulations shall,
before taking effect, be printed for distribution by the Department.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/4-101.3) (from Ch. 121, par. 4-101.3)
Sec. 4-101.3. 
		
		To aid county superintendents of highways in establishing
grades, preparing suitable systems of drainage and advise them as to the
construction and maintenance of highways.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/4-101.4) (from Ch. 121, par. 4-101.4)
Sec. 4-101.4. 
		
		To cause plans, specifications and estimates to be prepared
for the construction and repair of bridges and culverts when requested so
to do by a county superintendent of highways.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/4-101.5) (from Ch. 121, par. 4-101.5)
Sec. 4-101.5. 
		
		To investigate and determine the various methods of highway
construction adapted to different sections of the State and as to the best
methods of maintenance of highways.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/4-101.6) (from Ch. 121, par. 4-101.6)
Sec. 4-101.6. 
		
		To compile statistics relating to highways throughout the
State and collect such information in regard thereto as it shall deem
expedient.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/4-101.7) (from Ch. 121, par. 4-101.7)
Sec. 4-101.7. 
		
		To approve and determine the final plans, specifications and
estimates for all highways to which this Code applies under the provisions
of Section 1-103 on which State funds may be expended.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/4-101.8) (from Ch. 121, par. 4-101.8)
Sec. 4-101.8. 
		
		To let contracts in accordance with law for the construction
of highways.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/4-101.9) (from Ch. 121, par. 4-101.9)
Sec. 4-101.9. 
		
		To prescribe a system of auditing and accounting for all
highway moneys for the use of all county and road district officials, which
shall be adopted and used by such officials, and which system shall be as
nearly uniform as practically possible.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/4-101.10) (from Ch. 121, par. 4-101.10)
Sec. 4-101.10. 
		
		To consult with other highway authorities relative to any
question involving highways.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/4-101.11) (from Ch. 121, par. 4-101.11)
Sec. 4-101.11. 
		
		To make investigations to determine reasonably anticipated
future need for federal aid highways and State highways.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/4-101.12) (from Ch. 121, par. 4-101.12)
Sec. 4-101.12. 
		
		To aid at all times in promoting highway improvement
throughout the State and perform such other duties and have such other
powers in respect to highways as may be imposed or conferred upon it by
law.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/4-101.13) (from Ch. 121, par. 4-101.13)
Sec. 4-101.13. 
		
		To publish maps in convenient forms showing State and other
highways for use by the public and, in its discretion, to fix a charge
therefor not in excess of the cost of publication.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/4-101.14) (from Ch. 121, par. 4-101.14)
Sec. 4-101.14. 
		
		To obtain, subject to the provisions of the "Personnel
Code", approved July 18, 1955, as heretofore or hereafter amended, all
employees necessary in the administration of its powers and duties under
this Code.
However, persons assigned as highway maintenance employees who are not
subject to jurisdiction B of the "Personnel Code" and who operate snow
removal equipment shall not be discharged except for cause between October
31 of any year and May 1 of the following year.
(Source: Laws 1961, p. 3226.)
(605 ILCS 5/4-101.15) (from Ch. 121, par. 4-101.15)
Sec. 4-101.15. 
		
		The Department of Central Management Services
shall procure for or in behalf of each State highway employee, without cost
to him, public liability insurance protecting him against any liability
arising out of his employment to the extent of the insurance policy limits
not exceeding $100,000 or include each such employee under a self-insurance
plan implemented under Section 405-105 of the Department of
Central Management Services Law (20 ILCS 405/405-105).
(Source: P.A. 91-239, eff. 1-1-00.)
(605 ILCS 5/4-101.16) (from Ch. 121, par. 4-101.16)
Sec. 4-101.16. 
		
		
		To prepare or cause to be prepared and maintain or cause to be
maintained a schedule of priority of needs in the selection of
railroad-highway grade crossings to be separated without regard to whether
the highway is maintained by the State or any county, township or
municipality. Such schedule shall be based on current and projected
vehicular traffic and train movements over the railroad-highway grade
crossing, the frequency and duration of interruptions to vehicular traffic,
and the impact of separating the railroad-highway grade crossing on
adjacent residential, economic and governmental interests.
(Source: P.A. 78-315.)
(605 ILCS 5/4-102) (from Ch. 121, par. 4-102)
Sec. 4-102. 
		
		The Department may prepare, in accordance with the regulations
of the designated authority of the United States Government, the project
statements, sketch maps, surveys, plans, specifications, estimates, bid
forms, contracts and bonds to be used in connection with the construction
of any of the federal aid highways in this State. The Department may
construct any federal aid work provided for in Article 3 and purchase and
supply any labor, tools, machinery, supplies and materials needed for any
such work. Such construction work and labor shall be performed in
accordance with the general laws of this State, and under the direct
supervision of the Department, subject to the inspection and approval of
the designated authority of the United States Government, and in accordance
with its rules and regulations.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/4-103) (from Ch. 121, par. 4-103)
Sec. 4-103. 
		
		Any contracts that may be entered into for the construction of
highways shall be let after due public advertisement to the
lowest responsible bidder, or bidders, upon terms and conditions to be
fixed by the Department, and the Department shall also require the
successful bidder, or bidders, to furnish good and sufficient bonds to
insure proper and prompt completion of such work in accordance with the
provisions of such contracts.
Partial payments may be made for the work as it progresses provided that
the Department retains an amount as required by the Standard Specifications
for Road and Bridge construction.
At the request of the contractor and with the approval of the Department
the retainage of the contract may be deposited under a trust agreement with
an Illinois financial institution, whose deposits are insured by an
agency or instrumentality of the federal government, of the
contractor's choice and subject to the approval of
the Department.
The contractor shall receive any interest thereon.
Pursuant to application by the contractor, a trust agreement by the
financial institution
and the Department shall contain as a minimum, the following provisions:
a. The amount to be deposited subject to the trust;
b. The terms and conditions of payment in case of default of the
contractor;
c. The termination of the trust agreement upon completion of the
contract.
The contractor shall be responsible for obtaining the written consent of
the financial institution trustee, and any costs or service
fees shall be borne by the
contractor.
The trust agreement may, at the discretion of the Department and upon
request of the contractor, become operative at the time of the first
partial payment in accordance with existing statutes and Department
procedures.
The provisions of this Section shall apply to all contracts in effect
on and after the effective date of this amendatory Act of 1981.
(Source: P.A. 84-1263.)
(605 ILCS 5/4-104)
Sec. 4-104. 
		Subcontractors' trust agreements. 
		This Section applies to
subcontractors' retainage amounts expected to be equal to or greater than
$20,000.  Upon the
contractor's receipt of the first partial or progress payment from the
Department, at
the request of the subcontractor and with the approval of
the contractor, the retainage of the subcontract shall be
deposited under a trust agreement with an Illinois
financial institution, whose deposits are insured by an
agency or instrumentality of the federal government, of
the subcontractor's choice and subject to the approval of
the contractor. The subcontractor shall receive any
interest on the amount deposited.
Upon application by the subcontractor, a trust
agreement by the financial institution and the contractor
must contain, at a minimum, the following provisions:
(1) The amount to be deposited subject to the
trust.
(2) The terms and conditions of payment in case of     default of the subcontractor.
(3) The termination of the trust agreement upon     completion of the subcontract.
The subcontractor is responsible for obtaining the
written consent of the financial institution trustee. Any
costs or service fees must be borne by the subcontractor.
The trust agreement may, at the discretion of the
contractor and upon request of the subcontractor, become
operative at the time of the first partial payment in
accordance with existing statutes and Department
procedures.  Subcontractors' trust agreements are voluntary and supersede any
prohibition regarding retainage that may be adopted by any transportation
agency.
This Section applies to all subcontracts in effect
on and after the effective date of this amendatory Act of
the 92nd General Assembly.
(Source: P.A. 92-270, eff. 8-7-01.)
(605 ILCS 5/4-105)
Sec. 4-105. (Repealed).
(Source: P.A. 96-358, eff. 8-13-09. Repealed by P.A. 98-877, eff. 8-11-14.)
(605 ILCS 5/4-106)
Sec. 4-106. Preservation of bridge infrastructure.
(a) The Department may adopt rules governing all corrosion prevention projects carried out on eligible bridges. Rules may include a process for ensuring that corrosion prevention and mitigation methods are carried out according to corrosion prevention industry standards adopted by the Department for eligible bridges that include:
(1) a plan to prevent environmental degradation that     could occur as a result of carrying out corrosion prevention and mitigation methods including the careful handling and containment of hazardous materials; and
(2) consulting and interacting directly with, for the     purpose of utilizing trained personnel specializing in the  design and inspection of corrosion prevention and mitigation methods on bridges.
(b) As used in this Section:
"Corrosion" means a naturally occurring phenomenon
commonly defined as the deterioration of a metal that results from a chemical or electrochemical reaction with its environment.
"Corrosion prevention and mitigation methods" means:
(1) the preparation, application, installation,      removal, or general maintenance as necessary of a protective coating system including the following:
(A) surface preparation and coating application         on an eligible bridge, but does not include gunite or similar materials; or
(B) shop painting of structural steel fabricated         for installation as part of an eligible bridge.
"Corrosion prevention project" means carrying out corrosion prevention and mitigation methods during construction, alteration, maintenance, repair work on permanently exposed portions of an eligible bridge, or at any other time necessary on an eligible bridge. "Corrosion prevention project" does not include traffic control or clean-up related to surface preparation or the application of any curing compound or other substance onto or into any cement, cementitious substrate, or bituminous material.
"Eligible bridge" means a bridge or overpass the construction, alteration, maintenance, or repair work on which is funded directly by, or provided other assistance through, a municipality, a public-private partnership, the State, the federal government, or some combination thereof. "Eligible bridge" does not include a bridge or overpass that is being demolished, removed, or replaced.
(c) The requirements of this Section do not apply to an individual licensed under the Professional Engineering Practice Act of 1989 or the Structural Engineering Act of 1989.
(Source: P.A. 101-226, eff. 6-1-20.)
(605 ILCS 5/Art. 4 Div. 2 heading)
DIVISION 2.  
		STATE HIGHWAYS
(605 ILCS 5/4-201) (from Ch. 121, par. 4-201)
Sec. 4-201. 
		
		The Department, in addition to, and not in limitation of,
its general powers has the powers stated in Sections 4-201.1 through 4-201.20.
(Source: P.A. 83-957.)
(605 ILCS 5/4-201.1) (from Ch. 121, par. 4-201.1)
Sec. 4-201.1. 
		To determine and adopt rules, regulations and specifications  for State highways not inconsistent with this Code.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/4-201.2) (from Ch. 121, par. 4-201.2)
Sec. 4-201.2. 
		
		For serving through or State traffic, to designate as part of  the State highway system and to locate, construct and maintain highways to
connect highways in the State highway system.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/4-201.3) (from Ch. 121, par. 4-201.3)
Sec. 4-201.3. 
		
		To relocate any highway, or a part thereof, in the State
highway system on a new location or on a different highway. For the purpose
of relocating such State highway the Department is authorized to lay out,
open, alter, widen, extend or locate a new highway.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/4-201.4) (from Ch. 121, par. 4-201.4)
Sec. 4-201.4. 
		
		To enter into contracts covering all matters and things
incident to the location, relocation, construction, repair and maintenance
of State highways; including, subject to approval by the Illinois Commerce
Commission, agreements with a railroad or railway company or other public
utility concerning a relocation of its line, tracks, wires, poles, pipes or
other facilities, where the same are not then located in a public street or
highway, and such relocation is necessary as an incident to the
construction of a new State highway or to the relocation, reconstruction,
extension, widening, straightening, alteration, repair, maintenance or
improvement of an existing State highway (including extensions of a new or
existing State highway through or into a municipality upon a new or
existing street). Nothing contained in this Section shall be construed as
requiring the Department to furnish site or right-of-way for railroad or
railway lines or tracks or other public utility facilities required to be
removed from a public street or highway.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/4-201.5) (from Ch. 121, par. 4-201.5)
Sec. 4-201.5. 
To lay out, construct and maintain, as a part of the
State highway system, highways and entrances which will connect any
State highway, now existing or hereafter constructed, with any State
park, State forest, State wildlife or fish refuge, the grounds of any State
institution or any recreational, scenic or historic place owned or
operated by the State; any national cemetery; and to any tax supported
airport constructed in part by State and federal funds; and, with the
consent of the Department of Natural Resources, to
construct, maintain and
repair that part of any road or bridge, not otherwise under the
jurisdiction of the Department, which lies within any State park, State
conservation area, State forest, State wildlife and fish refuge, or any
other recreational scenic area owned and operated by the
Department of Natural Resources.
With the consent of the Department of Natural Resources, to construct,
maintain and repair that part of any road or bridge, not otherwise under
the jurisdiction of the Department, which lies within any State Historic
Site owned and operated by the Department of Natural Resources.
(Source: P.A. 100-695, eff. 8-3-18.)
(605 ILCS 5/4-201.6) (from Ch. 121, par. 4-201.6)
Sec. 4-201.6. 
		
		To divide the State highway system into sections or districts
for the purpose of repair and maintenance and to repair and maintain such
sections or districts either by patrol repair system or by gang repair
system.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/4-201.7) (from Ch. 121, par. 4-201.7)
Sec. 4-201.7. 
		
		To purchase, rent, acquire and maintain all equipment and  material incident to or necessary in the location, relocation,
construction, repair and maintenance of State highways.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/4-201.8) (from Ch. 121, par. 4-201.8)
Sec. 4-201.8. 
		
		To purchase and acquire quarries, gravel pits, sand pits,
cement rock or other natural deposits of road material to be used in the
construction and maintenance of State highways, and to quarry, dig,
manufacture, prepare and use such material or deposits in such construction
and maintenance or to sell, furnish and supply the same to contractors
engaged in constructing, improving or maintaining highways within the State
and to erect such buildings and to purchase such machinery, utensils,
tools, and equipment as may be necessary or essential for the proper
prosecution of such work.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/4-201.9) (from Ch. 121, par. 4-201.9)
Sec. 4-201.9. 
		
		To construct, purchase, lease or otherwise acquire and to
operate without charge to the public, ferries over rivers and other waters
upon any State highway, whether permanently or temporarily located, until
such time as it is deemed feasible and desirable to construct bridges at
such places.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/4-201.10) (from Ch. 121, par. 4-201.10)
Sec. 4-201.10. 
		
		To provide for the lighting of State highways or portions
thereof, when in the Department's opinion it is necessary for the
convenience or safety of the public.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/4-201.11) (from Ch. 121, par. 4-201.11)
Sec. 4-201.11. 
		To number or renumber all State highways; and each State  highway shall always be designated by a number.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/4-201.12) (from Ch. 121, par. 4-201.12)
Sec. 4-201.12. 
		
		Except as provided in the Illinois Adopt-A-Highway Act,
to place, erect and maintain on highways all traffic control devices and
signs authorized by this Code or by Chapter 11, Article III of the
Illinois Vehicle Code.
To place, erect and maintain on highways signs or surface markings or
both to indicate officially designated bicycle routes.  Whenever the
Department is going to permanently remove route markings from a State
highway within a municipality, it shall notify that municipality at least
90 days before such removal.
To acquire right-of-way, plan, locate, relocate, construct,
reconstruct, maintain, alter, improve, vacate and regulate the use of
officially designated bikeways, as defined in Section 2 of the Bikeway Act.
(Source: P.A. 87-1118.)
(605 ILCS 5/4-201.13) (from Ch. 121, par. 4-201.13)
Sec. 4-201.13. 
		
		To construct, maintain, and operate bridges, on State
highways a part of the Federal-aid highway network, across any stream
between this State and any adjoining state where such bridge is necessary
to connect the Federal-aid highway network in this and such adjoining
state; and to enter into agreements with adjoining states, persons, and the
United States government in conjunction therewith.
(Source: Laws 1959, p. 1569.)
(605 ILCS 5/4-201.14) (from Ch. 121, par. 4-201.14)
Sec. 4-201.14. 
		
		(a) To construct, maintain and operate rest areas on State
highways.
In the operation of rest areas, the Department is authorized to
prescribe reasonable rules and regulations not inconsistent with law,
limiting the duration of rest stops and promulgating instructions and
restrictions for the use and enjoyment of the rest area.
(b) To construct rest areas on highways not on the State highway system
when such highways are constructed under Section 3-104.3 of this Code.
(Source: P.A. 80-691.)
(605 ILCS 5/4-201.15) (from Ch. 121, par. 4-201.15)
Sec. 4-201.15. 
		
		(a) To provide for the preservation of the natural beauty
of areas through which State highways are constructed, and to acquire
the fee simple title, or such lesser interest as may be desired,
including scenic easements, to any land, rights or other property
necessary therefor and, in cooperation with the Department of Natural
Resources, to provide for forestation or reforestation of
any of these areas that are Department-controlled lands, where appropriate.
(b) To acquire the fee simple title or such lesser interest as may be
desired, including scenic easements, to any land, rights or other property
and to make such improvements thereon as may be necessary to provide for
the preservation of the natural beauty of areas through which highways not
on the State highway system are constructed, reconstructed or improved under
Section 3-104.3 of this Code.
(Source: P.A. 89-445, eff. 2-7-96.)
(605 ILCS 5/4-201.16) (from Ch. 121, par. 4-201.16)
Sec. 4-201.16. 
Land acquired for highway purposes, including
buildings or improvements upon such property, may be rented between the
time of acquisition and the time when the land is needed for highway
purposes.
The Department shall file an annual report with the General Assembly,
by October 1 of each year, which details, by county, the number of
rented parcels, the total amount of rent received from these parcels,
and the number of parcels which include buildings or improvements.
The requirement for reporting to the General Assembly shall be satisfied
by filing copies of the report as required
by Section 3.1 of the General Assembly Organization Act, and filing such additional copies
with the State Government Report Distribution Center for the General Assembly
as is required under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 100-1148, eff. 12-10-18.)
(605 ILCS 5/4-201.17) (from Ch. 121, par. 4-201.17)
Sec. 4-201.17. 
		
		
		To lease as lessee from the Illinois Highway Trust Authority any project
at any time constructed or made available for public use by the Authority,
and any property, real, personal, or mixed, tangible or intangible, or any
interest therein, at any time acquired by the Authority; and to pay rentals
for such leases from appropriations to be made by the General Assembly from
the Road Fund.
(Source: P.A. 76-375.)
(605 ILCS 5/4-201.18) (from Ch. 121, par. 4-201.18)
Sec. 4-201.18. 
		
		
		To acquire land adjacent to the right-of-way on a federal aid system
outside the central business district in an urban area of 50,000 population
or more as provided by the Federal Aid Road Act and to construct and
operate a publicly owned parking facility thereon or within the
right-of-way, including the use of air space above and below the
established grade line of the highway pavement. Such parking facility shall
be (1) based on a continuing comprehensive transportation planning process
as defined in the Federal Aid Road Act, and (2) located and designed in
conjunction with existing or planned public transportation facilities.
Fees charged for the use of such facility shall not be in excess of that
amount required for maintenance and operation, including compensation to
any person for operating such facility, and shall be used for such purposes
before any other funds may be used for maintenance and operation.
Any federal aid project constructed under this Section may be
constructed by agreement and jointly at the expense of the federal
government and the State of Illinois or jointly at the expense of the
federal government, the State of Illinois, a municipality or municipalities
or a county or counties, in accordance with the provisions of the Federal
Aid Road Act.
For the purposes of this Section, the term "parking facilities" shall
include access roads, buildings, structures, equipment, improvements, and
interests in the lands.
(Source: P.A. 77-1410.)
(605 ILCS 5/4-201.19) (from Ch. 121, par. 4-201.19)
Sec. 4-201.19. 
		
		
		To issue permits for the establishment of telephone service at rest
areas on the State Highway System where proper access to and from the main
traveled lanes has been established and where such service will enhance the
safety and welfare of the highway users.
(Source: P.A. 78-377.)
(605 ILCS 5/4-201.20) (from Ch. 121, par. 4-201.20)
Sec. 4-201.20. 
		
		To conduct demonstration projects on public streets and
highways designed to test and develop new technology for road and curb construction,
reconstruction and maintenance.
(Source: P.A. 83-957.)
(605 ILCS 5/4-202) (from Ch. 121, par. 4-202)
Sec. 4-202. 
		
		Additional mileage may be added to the State highway system in
the manner provided by this Code.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/4-203) (from Ch. 121, par. 4-203)
Sec. 4-203. 
		
		The Department may, in its discretion and as funds become
available for construction and maintenance, add additional highways to the
State highway system by laying out new highways or taking
over highways
from the county highway system, the township and district road system or
the municipal street system; but such
highways so taken over into the State
highway system shall be highways  which form a logical
part of the State
highway system for traffic purposes. Before any such highway is taken over
the Department shall notify the proper local officials in writing of its
intention to do so and the date when it will assume the maintenance and
care of such highway. Whenever any part or portion of any
such highway
which is situated within the corporate limits of any municipality is
hereafter or has heretofore been taken over, the Department shall have
exclusive jurisdiction and control over only that part of such highway
which the Department has constructed, or which the local authority has
constructed and which has been taken over by the Department, and for the
maintenance of which the Department is responsible, including the
hard-surfaced slab, shoulders and drainage ditches. Whenever any
municipality shall construct with a durable hard surface the remaining
portion of a street, a part of which has been improved with a durable hard
surface by the Department, or taken over by it, then in that case the
Department shall have jurisdiction and control over only that portion of
the street over which it did construct the durable hard surface or that
part which it took over from the municipality.
(Source:  P.A. 89-683, eff. 6-1-97; 90-6, eff. 6-3-97.)
(605 ILCS 5/4-204) (from Ch. 121, par. 4-204)
Sec. 4-204. 
		
		Whenever any highway becomes a part of the State highway
system, the Department shall file in its office a description of such State
highway. All changes in and additions to the State highway system shall
also be noted by so filing a description of such changes and/or additions.
A copy of such description shall be filed in the office of the county clerk
of each county in which the highway is located.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/4-205) (from Ch. 121, par. 4-205)
Sec. 4-205. 
		
		In all cases where State or through traffic upon a State
highway runs through a municipality, the Department shall locate a route
upon existing streets or upon a new street to be laid out through such
municipality as a part of such State highway, so as to form a continuous
route to serve the needs of through or State traffic upon such State
highway. If a municipality is the terminus of such a highway, the
Department shall extend the State highway to such point in the municipality
upon existing streets or upon a new street to be laid out in such
municipality, as will in the discretion of the Department best serve the
needs of State or through traffic. For the purpose of locating or extending
such State highway through or into such municipality the Department is
authorized to lay out, establish, open, alter, widen, extend or relocate
necessary streets therein.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/4-206) (from Ch. 121, par. 4-206)
Sec. 4-206. 
		
		When advisable to serve traffic needs, any State highway route
in or through a municipality may be relocated upon other streets in the
municipality and the jurisdiction, maintenance and control of the streets
upon the abandoned route shall be assumed by the city, town, village, park
district or other municipal corporation. If any municipal corporation
notifies the Department that it is about to construct a subway for railway
or motor vehicle transportation along and under any street upon which any
State highway route is located and that its use as a State highway route
will interfere with such construction, the Department shall relocate such
route or such portion thereof as is necessary to prevent such interference.
Except as allowed by Sections 4-407, 4-408 and this Section no State
highway route shall be relocated except to better serve traffic demands and
the route abandoned must be left in reasonable condition for traffic.
(Source: Laws 1959, p. 1189.)
(605 ILCS 5/4-207) (from Ch. 121, par. 4-207)
Sec. 4-207. 
		
		On all State highways the Department shall construct and
maintain all-weather surfaces at boxes used for the receipt of United
States mail.
The Department shall adopt and publish specifications detailing the kind
and type of all-weather surface to be constructed and maintained and shall
adopt and publish reasonable rules, regulations, and specifications
governing the place of erection and maintenance of boxes for the receipt of
United States mail on State highways.
No person shall erect or maintain a box for the receipt of the United
States mail on any highway under the jurisdiction of the Department in
violation of the rules, regulations, and specifications, adopted by the
Department governing the erection and maintenance of such boxes. Violation
of this provision is a petty offense.
(Source: P.A. 77-2238.)
(605 ILCS 5/4-208) (from Ch. 121, par. 4-208)
Sec. 4-208. 
		
		The Department may select streets in municipalities to form
routes leading from business centers therein to State highways running
through such municipalities and may erect and maintain suitable guide signs
upon them. However, such streets shall not thereby become part of the State
highway system but shall remain part of the municipal street system; but
any such street may be made part of the State highway system as provided by
Section 4-203.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/4-209) (from Ch. 121, par. 4-209)
Sec. 4-209. 
		
		No person shall wilfully cut, excavate or otherwise damage that
portion of any highway under the jurisdiction and control of the
Department, including the hard-surfaced slab, shoulders and drainage
ditches, either within or without the corporate limits of a municipality
without a permit so to do from the Department. The Department shall issue
its permit when such cutting, excavating or damaging is reasonably
necessary, but it is the duty of the person securing a permit to make such
repairs to the highway as will restore it to substantially the same
condition as it was originally. Permits with regard to entrances to and
exits from State highway rights-of-way and roadways shall also be subject
to the provisions of Sections 4-210, 4-211 and 4-212. To insure the
proper repair, the Department may, before issuing its permit, require the
person applying for a permit, to enter into a bond payable to the People of
the State of Illinois in a sum commensurate, in the opinion of the
Department, with the injury to be done to the highway, conditioned for its
proper restoration within such time as the Department may prescribe. The
violation of this section is a petty offense.
(Source: P.A. 77-2238.)
(605 ILCS 5/4-210) (from Ch. 121, par. 4-210)
Sec. 4-210. 
		
		Except where the right of access has been limited by or
pursuant to law every owner or occupant of property abutting upon any State
highway shall have reasonable means of ingress from and egress to the State
highway consistent with the use being made of such property and not
inconsistent with public safety or with the proper construction and
maintenance of the State highway for purposes of travel, drainage and other
appropriate public use. The Department is authorized to adopt and to amend
reasonable and necessary rules, regulations and specifications covering
standard entrance or exit driveways to serve residential, farm, commercial,
industrial, and roadside service establishments and other uses of property
abutting upon State highways including specifications for drainage and
other structures appurtenant to such driveways. No permit shall be issued
by the Department for the construction of any such driveway which does not
conform to the applicable standard prescribed by the Department unless the
application therefor is accompanied by drawings of and specifications for
the proposed construction and a showing of reasonable need for departure
from the applicable standard type of driveway prescribed by the Department
nor unless it is made to appear that the proposed construction and the use
thereof will not be inconsistent with public safety and use nor with the
proper construction and maintenance of the highway and its drainage and
other facilities.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/4-211) (from Ch. 121, par. 4-211)
Sec. 4-211. 
		
		Any permit issued by the Department to construct an
entrance or exit, or both, under the provisions of Section 4-209 shall
designate the location and design of such construction.  All such
permits shall be subject to the right of the Department to relocate, at
the Department's expense, any entrance or exit when reasonably required
for public safety or because of highway reconstruction or changed
traffic conditions.  The Department shall make frequent inspections and
take such action as is necessary to require compliance with such rules,
regulations and specifications and the provisions of Sections 4-209,
4-210 and 4-211 of this Code.
Any entrance or exit which was in place on July 10, 1953 which does
not conform to the rules, regulations and specifications adopted by the
Department may be made to conform to such rules, regulations and
specifications by the Department at the expense of the Department.
If any entrance or exit is constructed after July 10, 1953, for which
no permit has been secured the adjoining landowner or occupant, or his
authorized representative, whose property such entrance or exit serves
shall within 30 days  following notification by the Department apply for
a  permit.  The permit issued as a result of such application shall
specify that the existing entrance shall be made to conform to the
provisions of the permit within 90 days from the date of issuance of the
permit or, if no permit is granted, be removed at the expense of the
landowner or occupant.
Any entrance or exit constructed after July 10, 1953 for which a
permit has been secured but which does not conform to the provisions of
the permit issued for its construction shall within 90 days of
notification by the Department to the adjoining property owner or
occupant, or his authorized representative, whose property such exit or
entrance serves be made to conform to the provisions of the permit.
Any person adversely affected by any rule, regulation, specification
or decision of the Department issued pursuant to Sections 4-209, 4-210
or 4-211 or by any failure of the Department to act upon an application
for a permit thereunder shall be entitled to judicial review under the
provisions of the Administrative Review Law.
(Source: P.A. 85-559.)
(605 ILCS 5/4-212) (from Ch. 121, par. 4-212)
Sec. 4-212. 
		
		Failure to comply with the provisions of Sections 4-210 and
4-211 and the permits issued thereunder is a petty offense for which an
additional fine of $10 for each day such failure continues may be imposed.
Where the violation is prosecuted by the State's Attorney 25% of the fine
or penalty recovered shall be paid to the State's Attorney as a fee of his
office. Such penalty shall be in addition to any penalty which may be
assessed under Section 4-209.
(Source: P.A. 77-2238.)
(605 ILCS 5/4-213) (from Ch. 121, par. 4-213)
Sec. 4-213. 
		
		Any person or an agency of this State which operates a motor
vehicle designed or used for the carriage of more than seven passengers may
apply to the Department for a permit to construct an all weather surface
adjacent to and connected with the traveled way of a State highway and
located on the right-of-way of a State highway for the purpose of making
temporary stops in order to receive or discharge passengers. Any permit
issued under this Section shall designate the location and design of and
type of material to be used in any such construction and the construction
shall be in conformity with the requirements of the permit. No such
construction shall be initiated without first securing a permit to do so
from the Department.
Whoever violates any provision of this Section shall be guilty of a
petty offense.
(Source: P.A. 77-2238.)
(605 ILCS 5/4-214) (from Ch. 121, par. 4-214)
Sec. 4-214. 
		
		Whenever any highway is laid out, widened or altered in
accordance with this Article, the Department shall cause a plat thereof to
be made and recorded in the office of the recorder of the county
(or in the office of the registrar of titles for the county if appropriate)
in accordance with the provisions of Section 9 of "An Act to revise the law
in relation to plats", approved March 21, 1874, as
amended.
(Source: P.A. 83-358.)
(605 ILCS 5/4-215) (from Ch. 121, par. 4-215)
Sec. 4-215. 
		
		The Department may file with the governing body of any
municipality or county a map of any territory within 1/2 mile on either or
both sides of a State highway routing in which territory the Department
believes subdivision development would have an effect upon an existing
State highway or a future State highway the route of which has been adopted
by the Department.
The clerk of the governing body of the municipality or county shall
issue a receipt for the territorial map, and within 3 days after receiving
such map, shall transmit to the Department one copy of each tentative map
of any subdivision located wholly or partly within the territory outlined
by the territorial map.
The Department, upon receiving a copy of the territorial map, may,
within 15 days after receipt, make recommendations to the appropriate
agency of the municipality or county in connection therewith regarding the
effect of the proposed subdivision upon the State highway or State highway
route.
(Source: Laws 1959, p. 786.)
(605 ILCS 5/4-216) (from Ch. 121, par. 4-216)
Sec. 4-216. 
		
		If, as a result of the removal of snow from the travelway of
any State highway, snow is deposited along the shoulder or edge of such
highway where any public or private entrance or exit driveway connects with
such State highway, the Department shall also remove the snow from the
highway right-of-way so as to leave such driveways open for vehicular
travel.
(Source: Laws 1961, p. 2720.)
(605 ILCS 5/4-217) (from Ch. 121, par. 4-217)
Sec. 4-217. 
		
		The Department may contract with persons growing row crops
on land adjacent to State highways to buy standing strips of such crops
to remain in place to act as snow breaks along such highways in those places
where experience shows that drifting snow has been an obstruction to traffic.
The contract price to be paid by the Department in any such case shall be
the market price of such crop at the time of contracting or the September
price of such crop on the Chicago Board of Trade, whichever is higher.
(Source: P.A. 81-1156.)
(605 ILCS 5/4-218) (from Ch. 121, par. 4-218)
Sec. 4-218. 
		
		The Department shall establish a pilot program to evaluate
the use of calcium magnesium acetate made from corn for the purpose of
clearing roadways of snow and ice.  Such pilot program shall be implemented
by the Department as suitable quantities of calcium magnesium acetate become
available and shall include any one of the following counties:  Champaign,
Douglas, Grundy, Iroquois, Kankakee, LaSalle, Vermilion, or Will.  If the
pilot program is successful, the Department shall endeavor to expand its
use of calcium magnesium acetate made from corn for road clearing
throughout the State.
(Source: P.A. 85-1209.)
(605 ILCS 5/4-219)
Sec. 4-219. 
		Context sensitivity.
(a) It is the intent of the General Assembly to ensure that Department of
Transportation projects adequately meet the State's transportation needs, exist
in harmony with their surroundings, and add lasting value to the communities
they serve.
(b) To support this objective, the Department of Transportation shall
embrace principles of context sensitive design and context sensitive solutions
in its policies and procedures for the planning, design, construction, and
operation of its projects for new construction, reconstruction, or major
expansion of existing transportation facilities.
(c) A hallmark of context sensitive design and context sensitive solutions
principles for the Department of Transportation shall be early and ongoing
collaboration with affected citizens, elected officials, interest groups, and
other stakeholders to ensure that the values and needs of the affected
communities are identified and carefully considered in the development of
transportation projects.
(d) Context sensitive design and context sensitive solutions principles
shall promote the exploration of innovative solutions, commensurate with the
scope of each project, that can effectively balance safety, mobility,
community, and environmental objectives in a manner that will enhance the
relationship of the transportation facility with its setting.
(e) The Department shall report to the Governor and the General Assembly no
later than April 1, 2004 on its efforts to implement context sensitive design
criteria.
(Source: P.A. 93-545, eff. 1-1-04.)
(605 ILCS 5/4-220)
Sec. 4-220. Bicycle and pedestrian ways.
(a) Bicycle and pedestrian ways shall be given full consideration in the planning and development of transportation facilities, including the incorporation of such ways into State plans and programs.
(b) In or within one mile of a municipality with a population of over 1,000 people, and subject to the Department's option in subsection (e), the Department shall establish and solely fund bicycle and pedestrian ways in conjunction with the construction, reconstruction, or other change of any State transportation facility except:
(1) in pavement resurfacing projects that do not     widen the existing traveled way or do not provide stabilized shoulders;
(2) where approved by the Secretary of Transportation     based upon documented safety issues, excessive cost, or absence of need; or
(3) where the municipality passes a resolution     stating that a bicycle or pedestrian way does not fit within its development plan.
(c) Bicycle and pedestrian ways may be included in pavement resurfacing projects when local support is evident or the bicycling and walking accommodations can be added within the overall scope of the original roadwork.
(d) The Department shall establish design and construction standards for bicycle and pedestrian ways.
Beginning July 1, 2007, this Section shall apply to planning and training purposes only. Beginning July 1, 2008, this Section shall apply to construction projects.
(e) If programmed funds identified in Section 2705-615 of the Department of Transportation Law are not expended for 5 years, the Department has the option to use those funds to pay the cost of bicycle and pedestrian ways in roadway projects affected by this Section.
(Source: P.A. 102-660, eff. 1-1-22.)
(605 ILCS 5/4-221)
Sec. 4-221. Mix designs. To the extent allowed by federal law, the Department specifications shall allow the use of recycled asphalt roofing shingles received from facilities authorized to process asphalt roofing shingles for recycling into asphalt pavement in accordance with (i) permits issued pursuant to Section 39 of the Environmental Protection Act or (ii) beneficial use determinations issued pursuant to Section 22.54 of the Environmental Protection Act. In creating the mix designs used for construction and maintenance of State highways, it shall be the goal of the Department, through its specifications, to maximize the percentage of recycled asphalt roofing shingles and binder replacement and to maximize the use of recycled aggregates and other lowest-cost constituents in the mix so long as there is no detrimental impact on life-cycle costs.
(Source: P.A. 97-314, eff. 1-1-12.)
(605 ILCS 5/4-222)
Sec. 4-222. Recycled asphalt roofing shingles; cost savings; prohibitions on use in asphalt paving.
(a) It shall be the goal of the Department, with regard to its asphalt paving projects and to the extent possible, to reduce the carbon footprint and reduce average costs by maximizing the percentage use of recycled materials or lowest cost alternative materials and extending the paving season so long as there is no detrimental impact on life-cycle costs. In furtherance of these goals, the Department shall provide to the Chairpersons of the Transportation Committee in each legislative chamber, within 60 days after the completion of each fiscal year, a written report of the activities initiated or abandoned in each district or region within the Department to meet those goals during the previous year. The report shall also include an analysis of the cost savings directly or indirectly attributed to those activities within each district or region.  Upon review of the annual report, the Transportation Committees in each chamber may conduct hearings and provide recommendations to the Department regarding the performance of each district or region.
(b) No producer of asphalt pavement, operating pursuant to an air permit issued by the Illinois Environmental Protection Agency, shall use recycled asphalt roofing shingles in its pavement product unless the shingles have been processed for recycling into asphalt pavement in accordance with (i) permits issued pursuant to Section 39 of the Environmental Protection Act or (ii) beneficial use determinations issued pursuant to Section 22.54 of the Environmental Protection Act. The prohibition in this subsection (b) shall apply in addition to any other rules, specifications, or other requirements adopted by the Department regarding the use of asphalt roofing shingles in pavement product.
(Source: P.A. 97-314, eff. 1-1-12.)
(605 ILCS 5/4-223)
Sec. 4-223. Electric vehicle charging stations. By January 1, 2016 or as soon thereafter as possible, the Department may provide for at least one electric vehicle charging station at each Interstate highway rest area where electrical service will reasonably permit and if these stations and charging user fees at these stations are allowed by federal regulations.
The Department may adopt and publish specifications detailing the kind and type of electric vehicle charging station to be provided and may adopt rules governing the place of erection, user fees, and maintenance of electric vehicle charging stations.
(Source: P.A. 98-442, eff. 1-1-14; 98-756, eff. 7-16-14.)
(605 ILCS 5/4-225)
Sec. 4-225. Low-clearance early warning device pilot program. The Department shall establish a pilot program to erect early warning devices on or near bridges or viaducts in this State. Early warning devices may include LiDAR, radar, visual signals, or additional signage. The Department may work with interested stakeholders to identify bridges and viaducts for the erection of early warning devices on roads outside of the Department's jurisdiction. The Department may work with the University of Illinois on the pilot program. The pilot program shall include, but shall not be limited to, evaluating the effectiveness of early warning devices, developing design specifications, and projecting estimated costs. The Department may adopt administrative rules regarding the pilot program. The Department or local authority responsible for maintaining an early warning device may impose a fine on a motorist who damages an early warning device. The fine shall not exceed $1,000.
(Source: P.A. 103-99, eff. 1-1-24.)
(605 ILCS 5/223)
(This Section was renumbered as Section 4-223 by P.A. 98-756.)
Sec. 223. (Renumbered).
(Source: P.A. 98-442, eff. 1-1-14. Renumbered by P.A. 98-756, eff. 7-16-14.)
(605 ILCS 5/Art. 4 Div. 3 heading)
DIVISION 3.  
		PLANNING AND PROGRAMMING
(605 ILCS 5/4-303) (from Ch. 121, par. 4-303)
Sec. 4-303. 
		
		Investigations made by the Department to determine the
reasonably anticipated future need for federal aid highways and State
highways may include, but shall not be limited to, the making of traffic
surveys, the study of transportation facilities, research concerning the
development of the several areas within this State and contiguous territory
as affected by growth and changes in population and economic activity and
the collection and review of data relating to all factors affecting the
judicious planning of construction, improvement and maintenance of
highways. Such investigations may also be conducted in cooperation with
counties, municipalities, the United States, sister states, agencies of any
such governments or other persons in pursuance of agreements to share the
cost thereof. The Department is authorized to enter into such agreements.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/Art. 4 Div. 4 heading)
DIVISION 4.  
		CONSTRUCTION AND MAINTENANCE
(605 ILCS 5/4-401) (from Ch. 121, par. 4-401)
Sec. 4-401. 
		
		All State highways shall be constructed of sufficient widths to
meet the requirements of the reasonably expected traffic thereon. The
widths of travel ways shall be not less than 18 feet.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/4-402) (from Ch. 121, par. 4-402)
Sec. 4-402. 
		
		When any State highway route through a municipality has been
designated, the Department shall supervise any construction performed on
such streets by the municipality with funds received from the State. Such
construction shall be either with or without continuous grade separation
and of such type and width as is required, in the judgment of the
Department, to care for traffic and parking needs.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/4-403) (from Ch. 121, par. 4-403)
Sec. 4-403. 
		
		Whenever local traffic conditions within any municipality
through which or to the corporate limits of which any State highway is
located, in the discretion of the Department, are such as to interfere with
or impede through or State traffic, the Department is authorized and
directed to locate and construct a durable hard-surfaced highway in the
nature of a belt-line to connect State highway routes entering such
municipality, so as to avoid congested traffic districts in the
municipality. Such belt-line routes may be wholly without the corporate
limits of the municipality or partly within and partly without such limits.
The type of construction and width of such belt-line routes shall be
sufficient to care for present or reasonably expected future needs of
through or State traffic.
Such belt-line routes shall be a part of the State highway system.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/4-404) (from Ch. 121, par. 4-404)
Sec. 4-404. 
		
		By agreement between the Department and the proper authority of
any municipality, park district or other municipal corporation, the
construction of any street upon which a State highway route is located may
be of greater width or different type than that determined upon by the
Department. In such cases the excess cost of such construction shall be
paid by the municipal corporation.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/4-405) (from Ch. 121, par. 4-405)
Sec. 4-405. 
		
		
		The Department shall maintain all highways in the State highway system
either with its own forces or pursuant to an agreement or contract entered
into pursuant to this Code.
In the course of its other maintenance work, the Department shall paint
and maintain a line not less than 2 1/2 inches in width on the edges of
uncurbed roadways of all State highways having an Illinois or U.S. route
traffic marking and which carry an average daily traffic of more than 1000
vehicles. The Department may paint and maintain such lines on such other
State highways as it deems desirable.
(Source: P.A. 78-283.)
(605 ILCS 5/4-406) (from Ch. 121, par. 4-406)
Sec. 4-406. 
		
		The Department is authorized to enter into contracts with any
municipal corporation, terminable in the discretion of the Department, for
the municipal corporation to maintain any State highway, or any part
thereof, located within such municipal corporation, such maintenance to be
under the supervision of the Department and at the expense of the State.
The Department is authorized to enter into similar contracts with any
county for the county to maintain any State highway, or any part thereof,
which was originally constructed by the county, such maintenance to be
under the supervision of the Department and at the expense of the State.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/4-406.1) (from Ch. 121, par. 4-406.1)
Sec. 4-406.1. 
		
		The Department may surrender jurisdiction
over the right-of-way and improvements of all or part of a State highway,
street or road to a municipality by agreement as provided in Section
11-91.2-1 of the Illinois Municipal Code, as now or hereafter amended.
(Source: P.A. 85-1421.)
(605 ILCS 5/4-407) (from Ch. 121, par. 4-407)
Sec. 4-407. 
The Department may temporarily close to traffic any portion
of a State highway for the purpose of constructing, repairing or making
improvements thereon. When a portion of a State highway with a route
marking is so closed, the Department shall arrange with local authorities
or otherwise to maintain efficient detours around the portion of the State
highway which is closed and, except for an unanticipated emergency as determined by the Department, shall post notice of the detour locations on the Department's website no later than 10 days before the detour becomes active. Such detour shall be plainly and conspicuously
marked with signs by which traffic may be guided around that part of the
highway so closed.
(Source: P.A. 100-473, eff. 6-1-18.)
(605 ILCS 5/4-408) (from Ch. 121, par. 4-408)
Sec. 4-408. 
The Department may, upon application by the proper authorities
of any local governmental agency, issue a permit to such agency to
temporarily close to traffic any portion of a State highway for any public
purpose or for any temporary needs of such agency. Such permit shall be
issued only upon the explicit agreement of the local governmental agency to
assume all liabilities and pay all claims for any damages which shall be
occasioned by such closing and such agreement shall be made a part of every
such permit. When a State highway is closed by a local governmental agency
under the terms of a permit, the agency shall maintain efficient detours
satisfactory to the Department around the portion of the closed highway. Except for an unanticipated emergency as determined by the Department, the Department and the local governmental agency shall post notice of the detour locations on the Department's website and the local governmental agency's website no later than 10 days before the detour becomes active. A hyperlink on a local governmental agency's website to posted notices on the Department's website shall satisfy the requirements under this Section. A local governmental agency that does not have a website maintained by a full-time staff or a municipality with 1,000,000 or more inhabitants shall not be required to post detour locations under this Section.
Such detour shall be plainly and conspicuously marked with signs by which
traffic may be guided around that part of the State highway so closed.
(Source: P.A. 100-473, eff. 6-1-18.)
(605 ILCS 5/4-409) (from Ch. 121, par. 4-409)
Sec. 4-409. 
		
		The Department may enter into a written contract with any other highway
authority for the jurisdiction, maintenance, administration, engineering or improvement
of any highway or portion thereof.  The Department may also, upon
application of any highway authority, authorize the highway authority to
enter into a written contract with any other highway authority for the jurisdiction,
maintenance, administration, engineering or improvement of any highway or
portion thereof.
(Source: P.A. 79-417.)
(605 ILCS 5/4-410)
Sec. 4-410. 
		Demonstration project. 
		The Department shall implement a
demonstration project, under which 20 of the contracts arising out of the
Department's 5-year project program for fiscal years 2000 through 2004
shall have a performance-based warranty of at least 5 years, and 10 of
those contracts shall be designed for a 30-year life cycle.
(Source: P.A. 91-37, eff. 7-1-99.)
(605 ILCS 5/Art. 4 Div. 5 heading)
DIVISION 5.  
		PROPERTY ACQUISITION AND DISPOSAL
(605 ILCS 5/4-501) (from Ch. 121, par. 4-501)
Sec. 4-501. 
		
		The Department, in its name, or any county may acquire
the fee simple title, or such lesser interest as may be desired, to any
land, rights, or other property necessary for the construction,
maintenance or operation of State highways, or necessary for locating,
relocating, extending, widening or straightening any State highway, or
necessary for locating, relocating, extending, widening or straightening
an existing street or for laying out, establishing or opening a new
street within the corporate limits of any municipality which has been
designated by the Department as a street to form a part of or to connect
with a State highway leading up to the corporate limits of such
municipality, or necessary for any other purpose or use contemplated by
this Code by purchase or by the exercise of the right of eminent domain
under the eminent domain laws of this State and the Department shall not
be required, in any case, to furnish bond.
When, in the judgment of the acquiring agency, it is more practical
and economical to acquire the fee to the inaccessible remnants of the
tracts of land from which rights-of-way are being acquired than to pay
severance damages, such agency may do so by purchase or by an eminent
domain proceeding.
When a part of a parcel of land is to be taken for State highway
purposes and the accessible remnant is to be left in a shape or
condition rendering it of little value to the owner or giving rise to
claims for severance or other damages, upon written request of the
owner, the acquiring agency may take the whole parcel and may sell or
exchange the part not needed for highway purposes.
When acquiring land for a highway on a new location, and when a
parcel of land one acre or less in area contains a single family
residence, which is in conformance with existing zoning ordinances, and
only a part of that parcel is required for State highway purposes
causing the remainder of the parcel not to conform with the existing
zoning ordinances, or when the location of the right of way line of the
proposed highway reduces the distance from an existing single family
residence to the right of way line to 10 feet or less, the acquiring
agency shall, if the owner so demands, take the whole parcel by
negotiation or condemnation. The part not needed for highway purposes
may be rented, sold or exchanged by the acquiring agency.
When any farm land is acquired for State highway purposes by the exercise
of the right of eminent domain, the rate of compensation to be paid by the
acquiring agency shall be computed by taking into consideration the total
acreage originally involved in the farm land parcel, including that portion
of such parcel already part of a right of way for highway purposes but for
which legal title lies in the owner of the parcel.
(Source: P.A. 81-536.)
(605 ILCS 5/4-501.5)
Sec. 4-501.5. Eminent domain. Notwithstanding any other provision of this Code, any power granted under this Code to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
(605 ILCS 5/4-502) (from Ch. 121, par. 4-502)
Sec. 4-502. 
		
		When the Department deems it necessary to build, widen, alter,
relocate or straighten any ditch, drain or watercourse in order to drain or
protect any highway or highway structure it is authorized to construct,
maintain or operate, it may acquire the necessary property, or such
interest or right therein as may be required, by gift or purchase or, if
the compensation or damages cannot be agreed upon, by the exercise of the
right of eminent domain under the eminent domain laws of this State. The
Department shall not be required to furnish bond in any eminent domain
proceeding.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/4-503) (from Ch. 121, par. 4-503)
Sec. 4-503. 
		
		For the purpose of making subsurface soil surveys,
preliminary surveys and determinations of the amount and extent of such
land, rights or other property required, the Department, or any county, by
its officers, agents or employees, after written notice to the known owners
and occupants, if any, may enter upon the lands or waters of any person,
but subject to responsibility for all damages which shall be occasioned thereby.
(Source: P.A. 84-713.)
(605 ILCS 5/4-504) (from Ch. 121, par. 4-504)
Sec. 4-504. 
		
		Subject to the approval of the Governor and the consent of any
department, board, commission, officer or other agency of the State
government having control and custody of any land now or hereafter owned by
the State, the Department is authorized to take and use such portion as may
be deemed necessary for State highway purposes over such land, provided
such taking and use by the Department does not interfere with the use of
such land by the agency so having control and custody.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/4-505) (from Ch. 121, par. 4-505)
Sec. 4-505. 
		
		In addition to whatever powers the Department may by law now
possess, whenever it is necessary as an incident to the construction of a
new State highway or the relocation, reconstruction, extension, widening,
straightening, alteration, repair, maintenance or improvement of an
existing State highway (including extensions of a new or existing State
highway through or into a municipality upon a new or existing street) that
the line or tracks of a railroad or railway company or the wires, poles,
pipes or other facilities of a public utility, which are not then located
in or upon a public street or highway, be relocated, and the Department and
such company or public utility have entered into an agreement, approved by
the Illinois Commerce Commission, concerning such relocation, the
Department is authorized to purchase, or to acquire through the exercise of
the right of eminent domain under the eminent domain law of the State, such
easements, rights, lands or other property as may be necessary for the
relocation of said railroad or railway line or tracks or other public
utility facilities.
The Department is authorized to convey such easements, rights, lands or
other property it has so purchased or acquired for said relocation of the
said railroad, railway company or other public utility by deed executed by
the Director of the Department.
(Source: Laws 1965, p. 428.)
(605 ILCS 5/4-508) (from Ch. 121, par. 4-508)
Sec. 4-508. (a) Except as provided in paragraphs (c)
and (d) of this Section, and
subject to the written approval of the Governor and, if required by federal law or regulation, the Federal Highway Administration, the Department may dispose
of, by public sale, at auction or by sealed bids, any land, dedications, easements, access rights, or any interest in the real estate that it holds, or other
properties, real or personal, acquired for but no longer needed for highway
purposes or remnants acquired under the provisions of Section 4-501. Such sale may be made at the fair market 
value of such land, rights, or property, as determined by the Department. The fair market value of the land, rights, or property may be based on one or more appraisals completed by a qualified appraiser approved by the Department or a valuation waiver prepared by the Department. A sale below the fair market value, as established by this Section, shall be justified, in writing, by Department staff, which shall include consideration of all relevant information, including, but not limited to, findings regarding the best interests of the Department, other public benefits such as divestment of liabilities, or changed circumstances. The Department shall develop a policy to assign a monetary value of all such considerations in valuation determinations. An appraisal may be paid for by any interested party. The form of the conveyance or release shall be in a form approved by the Department.
(b) Except as provided in paragraphs (c) and (d) of
this Section, and subject to
the written approval of the Governor, the Department may exchange any land,
rights or property no longer needed for highway purposes or remnants

acquired under the provisions of Section 4-501 of this Code for equivalent
interests in land, rights or property needed for highway purposes. Where
such interests are not of equivalent value cash may be paid or received for
the difference in value.
(c) If at the time any property previously determined by the
Department to be needed for highway purposes is declared excess and no longer needed
for the Department's purposes, and before making the property available for public sale as provided in subsection (a), the Department shall offer that real property as follows:
(1) To the person from whom such real property was     acquired that still owns and has continuously owned land adjacent to or abutting such real property since the acquisition by the Department, the Department shall first offer the property, in writing, for the fair market value of the property.  If the Department's offer to such a person is accepted, in writing, within 60 days of the date of the written offer, the Department, subject to the written approval of the Governor, is authorized to dispose of such property to that person.  If the offer is not accepted, in writing, within 60 days of the date of the written offer, all rights under this paragraph shall terminate.
(2) If the option in paragraph (1) does not exist or     an offer is made and not accepted, or a sale otherwise is not consummated, the Department shall offer, in writing, at the value determined by the Department, the real property declared excess to the local municipality in which the property is situated and located, or, if the property is situated and located in an unincorporated area, to the county and township, if applicable, in which the property is situated and located. If a letter of intent to accept the offer is received by the Department, in writing, within 15 days of the date of the offer, the local governmental entity shall have 45 days from the date on the offer to accept the offer formally by resolution of its governing body. If the offer is formally accepted within 45 days of the date of the written offer, the Department, subject to the written approval of the Governor, is authorized to convey the property to the governing body upon payment of the value stated in the offer and may include a reversion for failure to continue public ownership and use if conveyed for less than fair market value. If a timely letter of intent to accept and a formal acceptance is received from a county and a township, the county shall be given priority. If a letter of intent is not received within 15 days of the offer, all rights under this paragraph shall terminate. If the letter of intent is received within the 15 days, but the formal acceptance is not received within 45 days of the date of the written offer, all rights under this paragraph shall terminate. If the unit of local government does not tender the funds in the full amount of the accepted offer within 90 days of the date of the offer, all rights under this paragraph shall terminate. If a county fails to tender the funds in the full amount of the written accepted offer and a township tenders the full amount of a timely accepted offer within 15 days of the county's failure to timely tender, the Department shall sell the land, rights, or property to the township. The Department shall have the right to revoke, in writing, any offer made under this paragraph at any time before the funds in the full amount of the offer are tendered to the Department.
(3) If the option in paragraph (1) or (2) does not     exist or a sale is not otherwise consummated, the Department shall offer, in writing, at fair market value, the real property declared excess to an adjacent or abutting property owner if the property owner is the only reasonable party as determined by the Department. If the Department's offer is accepted by the property owner, in writing, within 60 days of the date of the written offer, the Department, subject to the written approval of the Governor, is authorized to convey the property to the property owner upon payment of the fair market value. If the offer is not accepted, in writing, within 60 days of the date of the written offer, all rights under this paragraph shall terminate.
(d) If the Department enters into or currently has a written contract with
another highway authority for the transfer of jurisdiction of any highway or
portion thereof, the Department is authorized
to convey, subject to the written approval of the Governor, without compensation, any land, dedications, easements,
access rights, or any interest in the real estate that it holds to that
specific highway or portion thereof to the highway authority that is accepting
or has accepted jurisdiction.  However, no part of the transferred property can
be vacated or disposed of without the approval of the Department, which may
require compensation for non-public use.
(e) Except as provided in paragraph (c) of this Section, if
 the Department obtains or obtained fee simple title to, or any
lesser interest, in any land, right, or other property and must comply with
subdivision (f)(3) of Section 6 of Title I of
the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460 l-8(f)(3)),
the Historic Bridge Program established under Title 23,
United States Code, Section 144, subsection (o) (23 U.S.C. 144(o)),
the National Historic Preservation Act (16 U.S.C. Sec. 470), the Interagency
Wetland Policy Act of 1989, or
the Illinois State Agency Historic Resources Preservation Act,
the Department, subject to the written approval of the Governor and concurrence
of the grantee, is
authorized to convey the title or interest in the land, right, or other
property to another governmental agency,
or a not-for-profit organization that will
use the property for purposes consistent
with the appropriate law.
The Department may retain rights to protect the public interest.
(Source: P.A. 102-974, eff. 1-1-23.)
(605 ILCS 5/4-508.1) (from Ch. 121, par. 4-508.1)
Sec. 4-508.1. 
		
		In the event the Department obtains or has obtained fee
simple title to, or any lesser interest in, any land, rights or other property
under the provisions of Section 4-508 of this Code in connection with a
project involving the planned construction of a federal-aid highway and
that project ceases to be a federal-aid project, the Department is
authorized to convey title to, or any lesser interest in, all such land, rights
or property, regardless of whether any construction has taken place, to the
Illinois State Toll Highway Authority without compensation when such
conveyance is approved in writing by the Governor.
(Source: P.A. 83-1258.)
(605 ILCS 5/4-509) (from Ch. 121, par. 4-509)
Sec. 4-509. 
		
		In addition to other powers of the Department, whenever it is
necessary as an incident to the construction of a new State highway or the
relocation, reconstruction, extension, widening, straightening, alteration,
repair, maintenance or improvement of an existing State highway (including
extensions of a new or existing State highway through or into a
municipality upon a new or existing street) that property already devoted
to a public use be acquired, and the Department and the public agency
having jurisdiction over such property have entered into an agreement
concerning the acquisition of such property, the Department is authorized
to purchase, or to acquire through the exercise of the right of eminent
domain, such easements, rights, lands or other property as may be necessary
to replace the public property being acquired. The Department is authorized
to convey to such public agency such easements, rights, lands or other
property it so purchases or acquires for such replacement by deed executed
by the Director of the Department.
(Source: Laws 1965, p. 2921.)
(605 ILCS 5/4-510) (from Ch. 121, par. 4-510)
Sec. 4-510. The Department may establish presently the
approximate
locations and widths of rights of way for future additions to the State
highway system to inform the public and prevent costly and conflicting
development of the land involved.
The Department shall hold a public hearing whenever
approximate
locations and widths of rights of way for future highway additions are
to be established. The hearing shall be held in or near the county or
counties where the land to be used is located and notice of the hearing
shall be published in a newspaper or newspapers of general circulation
in the county or counties involved. Any interested person or his
representative may be heard. The Department shall evaluate the testimony
given at the hearing.
The Department shall make a survey and prepare a map showing the
location and approximate widths of the rights of way needed for
future
additions to the highway system. The map shall show existing highways in
the area involved and the property lines and owners of record of all
land that will be needed for the future additions and all other
pertinent information. Approval of the map with any changes resulting
from the hearing shall be indicated in the record of the hearing and a
notice of the approval
and a copy of the map shall be filed in the
office of the recorder for all counties in which the land
needed for future additions is located.
Public notice of the approval and filing shall be given in newspapers
of general circulation in all counties where the land is located and
shall be served by registered mail within 60 days thereafter on all
owners of record of the land needed for future additions.
The Department may approve changes in the map from time to time. The
changes shall be filed and notice given in the manner provided for an
original map.
After the map is filed and notice thereof given to the owners of
record of the land needed for future additions, no one shall incur
development costs or place improvements in, upon or under the land
involved nor rebuild, alter or add to any existing structure without
first giving 60 days notice by registered mail to the Department. This
prohibition shall not apply to any normal or emergency repairs to
existing structures. The Department shall have 45 days after receipt of
that notice to inform the owner of the Department's intention to acquire
the land involved; after which, it shall have the additional time of 120
days to acquire such land by purchase or to initiate action to acquire
said land through the exercise of the right of eminent domain. When the
right of way is acquired by the State no damages shall be allowed for
any construction, alteration or addition in violation of this Section
unless the Department has failed to acquire the land by purchase or has
abandoned an eminent domain proceeding initiated pursuant to the
provisions of this paragraph.
Any right of way needed for additions to the highway system may be
acquired at any time by the State or by the county or municipality in
which it is located. The time of determination of the value of the
property to be taken under this Section for additions to the highway
system shall be the date of the actual taking, if the property is
acquired by purchase, or the date of the filing of a complaint for
condemnation, if the property is acquired through the exercise of the
right of eminent domain, rather than the date when the map of the
proposed right-of-way was filed of record.  The rate of compensation to
be paid for farm land acquired hereunder by the exercise of the right of
eminent domain shall be in accordance with Section 4-501 of this Code.
Not more than 10 years after a protected corridor is established under this
Section regardless of whether the corridor is established before or after the effective date of this amendatory Act of the 97th General Assembly, and not later than the expiration of each succeeding 10 year period,
the Department shall hold public hearings to discuss the viability and
feasibility of the protected corridor.  In the case of a protected corridor established prior to 10 years before the effective date of this amendatory Act of the 97th General Assembly, the hearing shall be conducted within 6 months of the effective date of this amendatory Act of the 97th General Assembly. The Department shall retain the discretion to maintain any protected corridor established under this Section, but shall give due
consideration to the information obtained at the hearing and, if
the Department in its discretion determines that construction of the roadway is no longer feasible, the Department shall abolish the protected
corridor.
(Source: P.A. 97-279, eff. 8-8-11.)
(605 ILCS 5/4-511) (from Ch. 121, par. 4-511)
Sec. 4-511. 
		
		
		In addition to whatever powers the Department may by law now possess
whenever it is necessary for the Department as an incident to the
construction of a new State highway or the relocation, reconstruction,
extension, widening, straightening, alteration, repair, maintenance or
improvement of an existing highway (including extension of a new or
existing State highway through or into a municipality upon a new or
existing street) to acquire property occupied by a structure which must be
removed or demolished in order to construct such highway, then the
Department may acquire within a one mile radius of such structure such
other unimproved or improved but unoccupied easements, rights, lands or
other property by purchase or through the exercise of the right of eminent
domain, for the purpose of:
(a) Providing a site on which such structure may be     replaced or relocated by the Department in order that the structure or its replacement thereof may continue to be used in conformance with the use previously made thereof, provided that the use of such site shall be in accordance with applicable zoning requirements and building codes. The Department is authorized to replace, restore and rehabilitate such site and structure in its entirety including but not limited to providing a suitable foundation, installing heating, lighting, water, sewage and other necessary facilities and appurtenances. After the construction of the replacement structure or relocation, restoration and rehabilitation of any existing structure, the Department may sell or exchange such structure and site on which it is located in the manner provided by Section 4-508 of this Code and may insert in any instrument or deed covering such sale or exchange, such covenants and agreements insuring compliance with this Section which covenants and agreements shall run with the land.
(b) Providing a site on which such structure may be     replaced, relocated, restored or rebuilt by the owner thereof in order that the structure or its replacement thereof may continue to be used in conformance with the use previously made thereof provided that the use of such site shall be in accordance with applicable zoning requirements and building codes. The Department is authorized to exchange such easements, rights, lands or other property with the owner of the property required for the highway construction in a manner provided by Section 4-508 of this Code and may insert in any instrument or deed covering such exchange, such covenants and agreements insuring compliance with this Section which covenants and agreements shall run with the land.
The Department may enter into an agreement or agreements with any
department, board, commission, officer or agency of federal or state
government, its political subdivisions and municipal corporations or with
any private person, firm or corporation in order to carry out the purpose
of this Section.
(Source: P.A. 77-1577.)
(605 ILCS 5/4-512)
Sec. 4-512. 
		Street closing or relocating. 
		The Department shall not,
under any circumstance, give its approval to any plan or request that would
permanently close or relocate that portion of 55th Street lying between East
Avenue and Joliet Road, located within Cook County.
(Source: P.A. 88-242.)