Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 550 - POLICY ON PERMITS FOR ACCESS DRIVEWAYS TO STATE HIGHWAYS › Section 550.10 - General Instructions for Securing a Permit For Access Driveways to State Highways

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
			 permit is required for the construction of any new access driveway or the
			 revision of any existing driveway within the right-of-way along a State highway
			 when the work is to be done by any person or agency other than the Department
			 of Transportation. This permit is generally issued by the appropriate Regional
			 or District Office of the Department of Transportation. In some cases where the
			 curbing along a State highway is maintained by a municipality, permits for
			 driveway work may be issued by that municipality with the State's concurrence.
			 The Regional/District Offices will advise an applicant of the appropriate
			 issuing authority. In all cases where the driveway is to a State highway, final
			 jurisdiction concerning the permit will remain with the Department.
			 Illustration A lists the addresses of the Regional and District Offices and the
			 map indicates the jurisdictional boundaries of those offices.
b) A driveway constructed under a permit must
			 be done by or for the property owner at his expense. Where a commercial
			 driveway requires additions to the highway facility, these must also be done at
			 the owner's expense. Existing driveways may be altered by the Department, at
			 its expense, when reconstruction or changing conditions warrant.
c) Public road or street entrances to a State
			 highway constructed by or for a local governmental agency do not normally
			 require an access permit since they are generally Motor Fuel Tax (MFT) projects
			 which the Department has an opportunity to review and which adequately bond the
			 contractor. Proposed street entrances constructed with other than MFT funds or
			 by a subdivider, however, must be authorized by permit. It is preferable to
			 issue the permit to the local governmental agency, but it can be issued to the
			 subdivision owner. The design of such a facility will need to meet the
			 requirements of the appropriate local agencies and will be reviewed by the
			 Department as a public road or street connection rather than a
			 driveway.
d) The application for a
			 permit, which may be a letter or other form of written request, should include
			 the location and a brief description of the proposed work and the intended use
			 of the driveway and be accompanied by plans, drawings, or a sketch. The
			 application must also include the name, address, and phone number of the
			 applicant and the owner of record of property served by the entrance. Following
			 receipt of the permit request, the Regional/District Office will review the
			 application to determine that the proposed driveway construction, the location
			 of the driveway on the property, and the development of the property being
			 served are in conformance with the provisions of this policy. Plans for
			 commercial driveways may also be reviewed for compliance with regulations
			 pertaining to land usage. A meeting may be required between the applicant and a
			 representative of the Department. When all requirements are met, the permit
			 forms will be prepared for processing.
e) Driveways are classified basically as
			 noncommercial or commercial. A permit for a residential or general
			 noncommercial driveway requires the least amount of time to process. However,
			 the Department receives a large number of such requests, and they must be
			 processed in the order in which they are received. The applicant should
			 therefore not wait until he is ready to start work to apply for a permit. A
			 permit for a commercial driveway requires a longer time period to process, and
			 the request should, accordingly, be submitted as early as possible. A driveway
			 to a high-volume industrial, commercial, or recreational traffic generator may
			 require a formal agreement, which will necessitate additional time for review
			 by the Central Office of the Department.
f) The applicant is cautioned that proper
			 access to his property is a key factor to successful development, whether
			 noncommercial or commercial, and that access arrangements should be resolved
			 prior to any building construction and preferably before any building
			 design.
g) In situations where a
			 driveway or other related work is to be done by the State's contractor, at the
			 owner's expense (normally in conjunction with an improvement along the State
			 highway), where there is to be some financial participation by the State in the
			 work to be done, or where the amount of work to be done on the State highway is
			 extensive, a formal agreement between the applicant and the Department will be
			 necessary. The agreement includes a description of the proposed work and
			 defines the responsibilities of the State and the applicant. This agreement
			 must be executed by the owner of record, the applicant (if other than the owner
			 of record) and the Department. In cases where an agreement is required, the
			 construction within the State right-of-way will be done under State contract.
			 This contract will be let and the construction performed in accordance with
			 normal State contract procedures.
h) Applicants may be required to furnish a
			 bond to insure satisfactory completion and conformance to the permit
			 requirements. Bonds are required for all commercial driveways and may be
			 required for other special cases. The bond will be made a part of the permit
			 and will be in an amount and for the period specified by the Department. In
			 lieu of individual bonds for each permit, a blanket bond, as specified by the
			 Department, will be acceptable.
i)
			 Copies of the formal permit (and bond or agreement where necessary) will be
			 mailed to the applicant for signing. All of these copies must be returned to
			 the appropriate Regional/District Office for execution on behalf of the
			 Department. Approved copies will be returned to the applicant. A copy of the
			 approved permit must be available for inspection on the job site at all times.
			 No work shall be undertaken on State right-of-way until the approved copy has
			 been received by the applicant.