Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 530 - ACCOMMODATION OF UTILITIES ON RIGHT-OF-WAY › Subpart A - GENERAL PROVISIONS › Section 530.40 - Legal Obligations

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Only a permit issued by the Department under this Part will satisfy the
				"written consent" requirement of Section 9-113 of the Illinois Highway Code
				(the Code).
b) A permit from the
				Department grants a license only to undertake certain activities in accordance
				with this Part on a State right-of-way, and does not create a property right or
				grant authority to the permittee to impinge on the rights of others who may
				have an interest in the right-of-way. Such others might include an owner of an
				underlying fee simple interest if the right-of-way is owned as an easement, an
				owner of an easement, or another permittee.
c) It shall be the responsibility of the
				permittee to ascertain the presence and location of existing above-ground or
				underground facilities on the highway right-of-way to be occupied by their
				proposed facilities. The Department will make its permit records available to a
				permittee for the purpose of identifying possible facilities. When notified of
				an excavation or when requested by the Department, a permittee shall locate,
				physically mark, and indicate the depth of its underground facilities within 48
				hours, excluding weekends and holidays.
d) The permittee shall avoid conflicts with
				any existing underground or above-ground facilities on or near the highway
				right-of-way.
e) The permittee
				shall comply with all other applicable laws relating to the placement of
				utility lines.
f) The issuance of a
				utility permit by the Department does not excuse the permittee from complying
				with other requirements of the Department (e.g., oversize and overweight
				vehicles) or the requirements of other State agencies including, but not
				limited to, the following:
Illinois Commerce Commission
Illinois Department of Agriculture
Illinois Department of Conservation
Illinois Department of Mines and Minerals
Illinois Environmental Protection Agency
Illinois Historic Preservation Agency
g) Rights of abutting and underlying property
				owners are protected by common law and Sections 9-113 and 9-127 of the Code.
				The Department will not be a party in any negotiations between the utility and
				abutting property owners.
h) In no
				case shall the permit give or be construed to give an entity any easement,
				leasehold or other property interest of any kind in, upon, under, above or
				along the State highway right-of-way.
i) Each person responsible for a utility, in
				place on the effective date of this Part, on a State highway right-of-way shall
				notify the Department in writing, if that facility does not comply with this
				Part. The Department shall treat such a notice as a request for a variance
				under Section
				530.130.
				Until informed that a variance will not be granted, a person responsible for a
				pre-existing utility will not be in violation of this Part. The failure to
				provide such notice constitutes a violation of this Part and of the utility
				accommodation permit (if any) and would justify the imposition of the sanctions
				set forth in Section
				530.810.