Illinois Compiled Statutes 605 Roads and Bridges: Article 5 - County Administration Of Highways

Division 1. General Powers of County - Designation of County Highways

• Illinois Highway Code. - 605 ILCS 5, Section 5-101
  The county board of each county shall have the powers and duties stated in Sections 5-101.1 to 5-101.11, inclusive. (Source: Laws 1965, p. 1000.)
• Illinois Highway Code. - 605 ILCS 5, Section 5-101.1
  To have general supervision of all county highways in the county, subject to the provisions of Section 4-101.1. (Source: P.A. 85-853.)
• Illinois Highway Code. - 605 ILCS 5, Section 5-101.2
  To levy taxes and expend funds, either general or special, in accordance with law for highway purposes. (Source: Laws 1959, p. 196.)
• Illinois Highway Code. - 605 ILCS 5, Section 5-101.3
  To construct any county highway, including the lighting thereof, in the discretion of the county board out of any funds available for such purpose,...
• Illinois Highway Code. - 605 ILCS 5, Section 5-101.4
  To appropriate funds to aid in the construction of township and district highways in any part of the county. (Source: Laws 1959, p. 196.)
• Illinois Highway Code. - 605 ILCS 5, Section 5-101.5
  When in any county of 500,000 inhabitants or more bonds of the county have been authorized by vote of the people of the county...
• Illinois Highway Code. - 605 ILCS 5, Section 5-101.6
  To appoint a county superintendent of highways in the manner provided by Division 2 of this Article. (Source: Laws 1959, p. 196.)
• Illinois Highway Code. - 605 ILCS 5, Section 5-101.7
  To accept, receive and use as county funds for the purpose of constructing county highways money turned over to the county by a road...
• Illinois Highway Code. - 605 ILCS 5, Section 5-101.8
  Whenever any county highway is laid out, widened or altered in accordance with this Article, to cause a plat thereof to be made and...
• Illinois Highway Code. - 605 ILCS 5, Section 5-101.9
  To exercise any other power and perform any other duty prescribed in this Code. (Source: Laws 1959, p. 196.)
• Illinois Highway Code. - 605 ILCS 5, Section 5-101.10
  To place, erect and maintain on county highways all traffic control devices and signs authorized by this Code or by "The Illinois Vehicle Code",...
• Illinois Highway Code. - 605 ILCS 5, Section 5-101.11
  Whenever it considers such purchase or lease advisable, to purchase or lease highway construction and maintenance equipment under contracts providing for payment in installments...
• Illinois Highway Code. - 605 ILCS 5, Section 5-102
  Upon the effective date of this Code the highways comprising the county highway system in each county are those highways that, on such date,...
• Illinois Highway Code. - 605 ILCS 5, Section 5-103
  Immediately after the effective date of this Code, the Department shall indicate the highways in each county highway system under the provisions of this...
• Illinois Highway Code. - 605 ILCS 5, Section 5-104
  Except as otherwise provided in this Code, no mileage shall be added to a county highway system after the effective date of this Code,...
• Illinois Highway Code. - 605 ILCS 5, Section 5-105
  Temporary closings of county highways, or changes in highways making up a part of the county highway system, including additions to and deletions from...
• Illinois Highway Code. - 605 ILCS 5, Section 5-106
  The county board may, by resolution approved by the Department, designate a route on existing streets in a municipality as a municipal extension of...
• Illinois Highway Code. - 605 ILCS 5, Section 5-107
  Relocations of county highways may be made during the improvement thereof according to plans approved by the county board and the Department. Upon completion of...
• Illinois Highway Code. - 605 ILCS 5, Section 5-108
  The Department shall assign a number to each county highway in each county and all county highways shall always be designated by a number....
• Illinois Highway Code. - 605 ILCS 5, Section 5-109
  When the county board determines that the public and economic interest is served by vacating a county highway or part of it, it may...
• Illinois Highway Code. - 605 ILCS 5, Section 5-110
  Upon the vacation of a county highway or part of it, the county board shall cause a legal description of the highway or the...

Division 2. County Superintendent of Highways

• Illinois Highway Code. - 605 ILCS 5, Section 5-201
  In each county with a population greater than 3,000,000, there shall be a county superintendent of highways. In each county with a population less...
• Illinois Highway Code. - 605 ILCS 5, Section 5-201.1
  In each county of more than 600,000 inhabitants but less than 3,000,000 inhabitants, there shall be a County Division of Transportation with a county...
• Illinois Highway Code. - 605 ILCS 5, Section 5-202
  (a) Except as provided under subsection (b) of this Section the term of office of each county superintendent of highways is 6 years and...
• Illinois Highway Code. - 605 ILCS 5, Section 5-202.1
  In counties of more than 600,000 inhabitants but less than 3,000,000 inhabitants, the county director of the Division of Transportation shall hold the position...
• Illinois Highway Code. - 605 ILCS 5, Section 5-203
  Any county superintendent of highways may be removed from office by the county board for incompetence, neglect of duty or malfeasance in office. In...
• Illinois Highway Code. - 605 ILCS 5, Section 5-203.1
  In counties of more than 600,000 inhabitants but less than 3,000,000 inhabitants, any county director of the Division of Transportation shall serve at the...
• Illinois Highway Code. - 605 ILCS 5, Section 5-204
  Whenever the office of county superintendent of highways is vacant, the county board may with the consent in writing of the Department appoint any...
• Illinois Highway Code. - 605 ILCS 5, Section 5-204.1
  In any county of more than 600,000 inhabitants but less than 3,000,000 inhabitants, the county board chairman may appoint any competent person as acting...
• Illinois Highway Code. - 605 ILCS 5, Section 5-205
  Functions generally. The county superintendent of highways shall, subject to the general supervision of the county board and to the rules and regulations of...
• Illinois Highway Code. - 605 ILCS 5, Section 5-205.1
  Prepare or cause to be prepared, plans, specifications and estimates for all bridges and culverts to be built by the county, or by one...
• Illinois Highway Code. - 605 ILCS 5, Section 5-205.2
  Act for the county in all matters relating to the supervision of the construction or maintenance of any highway constructed or maintained in whole...
• Illinois Highway Code. - 605 ILCS 5, Section 5-205.3
  Advise the highway commissioners of the road districts in his county, when requested in writing, and direct, as otherwise provided in this code, the...
• Illinois Highway Code. - 605 ILCS 5, Section 5-205.4
  Upon the request of the highway commissioner of any road district in the county, prepare or cause to be prepared all maps, plans, specifications...
• Illinois Highway Code. - 605 ILCS 5, Section 5-205.5
  Supervise the construction or maintenance of all county highways within the county. (Source: Laws 1959, p. 196.)
• Illinois Highway Code. - 605 ILCS 5, Section 5-205.6
  Keep a record of all contracts or purchases of materials, machinery or apparatus to be used in road construction in excess of $5,000 approved...
• Illinois Highway Code. - 605 ILCS 5, Section 5-205.7
  In counties in which a county unit road district has been established, subject to the direction of the county board, act for the county...
• Illinois Highway Code. - 605 ILCS 5, Section 5-205.8
  Perform such other duties as may be prescribed by law and the rules and regulations of the Department. Other than as above specifically indicated,...
• Illinois Highway Code. - 605 ILCS 5, Section 5-205.9
  Report to road district treasurer. If requested by the treasurer of a road district in the county, the county superintendent of highways shall report...
• Illinois Highway Code. - 605 ILCS 5, Section 5-205.10
  Discontinuance of a coterminous township. If township organization is discontinued as provided in Article 27 of the Township Code, then the coterminous municipality shall assume...

Division 3. Planning and Programming

• Illinois Highway Code. - 605 ILCS 5, Section 5-301
  In order to properly plan the utilization of motor fuel tax funds each County Superintendent of Highways, except for those in a county with...

Division 4. Construction and Maintenance

• Illinois Highway Code. - 605 ILCS 5, Section 5-401
  Subject to the general supervisory powers of the Department under this Code, all highways in the county highway system shall be under the direct...
• Illinois Highway Code. - 605 ILCS 5, Section 5-402
  When motor fuel tax funds, federal aid road funds or other funds received from the State are used to finance, in whole or in...
• Illinois Highway Code. - 605 ILCS 5, Section 5-403
  When any highway construction projects by a County are to be performed under the supervision and approval of the Department the procedure shall be...
• Illinois Highway Code. - 605 ILCS 5, Section 5-405
  County highways may be constructed or improved on county lines. In case two counties desire to secure the construction or improvement of a county...
• Illinois Highway Code. - 605 ILCS 5, Section 5-406
  Where the county board of any county deems it necessary to connect any county highway with any county or State highway situated within an...
• Illinois Highway Code. - 605 ILCS 5, Section 5-407
  When a highway leading to a public ferry over a river which is the boundary line between two counties, is subject to inundation and...
• Illinois Highway Code. - 605 ILCS 5, Section 5-408
  The county board, with the approval of the corporate authorities in the case of a municipality with a population of over 500, and in...
• Illinois Highway Code. - 605 ILCS 5, Section 5-409
  Partial payments on contracts let by a county for highway work may be made as the work progresses but no payment in excess of 90%...
• Illinois Highway Code. - 605 ILCS 5, Section 5-410
  The county board is authorized to enter into agreements with any municipal corporation, terminable in the discretion of the county board, for the municipal...
• Illinois Highway Code. - 605 ILCS 5, Section 5-410.1
  The county board may surrender jurisdiction over the right-of-way and improvements of all or part of a county highway, street or road to a...
• Illinois Highway Code. - 605 ILCS 5, Section 5-411
  On all county highways which have all-weather travel surfaces the county board shall provide for the construction and maintenance of all-weather surfaces at boxes...
• Illinois Highway Code. - 605 ILCS 5, Section 5-412
  The county board, of each county, may contract with persons growing row crops on land adjacent to county highways to buy standing strips of...
• Illinois Highway Code. - 605 ILCS 5, Section 5-413
  Access roads and driveways for private and public use may, upon receipt of a permit from the county superintendent of highways, be laid out...
• Illinois Highway Code. - 605 ILCS 5, Section 5-414
  Permit for temporary closing. The county engineer may, upon application by the proper authorities of any governmental agency or person, issue a permit to...

Division 5. Drainage and Other Highway Structures--construction or Repair At Joint Expense of Counties, or a County and Road District or Municipality

• Illinois Highway Code. - 605 ILCS 5, Section 5-501
  When it is necessary to construct or repair any bridge, culvert, drainage structure or grade separation, including approaches thereto, on, across or along any...
• Illinois Highway Code. - 605 ILCS 5, Section 5-502
  In case the county board deems it expedient to construct or repair a bridge, culvert, drainage structure, drainage facility or grade separation, including approaches...
• Illinois Highway Code. - 605 ILCS 5, Section 5-503
  Bridges, culverts or drainage structures for across highway waterways having a waterway opening of 25 square feet or more and located on county highways,...
• Illinois Highway Code. - 605 ILCS 5, Section 5-504
  The Department or the Illinois State Toll Highway Authority and any county, municipality, or road district, or any one or more of them, may...
• Illinois Highway Code. - 605 ILCS 5, Section 5-505
  Any bridge or culvert, or both, that has been constructed, repaired or maintained by adjoining counties may be abandoned and the use thereof for...
• Illinois Highway Code. - 605 ILCS 5, Section 5-506
  Approaches to bridges and culverts constructed under the provisions of Section 5-501 shall be maintained by the respective road districts or municipalities, and approaches...
• Illinois Highway Code. - 605 ILCS 5, Section 5-507
  If the county board of any such county, after reasonable notice in writing from such other county board, neglects or refuses to construct or...

Division 6. Taxation

• Illinois Highway Code. - 605 ILCS 5, Section 5-601
  (a) For the purpose of improving, maintaining, repairing, constructing and reconstructing the county highways required to be maintained, repaired and constructed by the county...
• Illinois Highway Code. - 605 ILCS 5, Section 5-601.1
  Whenever a proposition or public question is required to be submitted, pursuant to this Act, for approval or rejection by the electors at an...
• Illinois Highway Code. - 605 ILCS 5, Section 5-602
  For the purpose of administering Sections 5-501, 5-502, 5-503 and 5-504 of this Code, any county having less than 1,000,000 inhabitants may levy an...
• Illinois Highway Code. - 605 ILCS 5, Section 5-603
  For the purpose of providing funds to pay the expenses for engineering and right-of-way costs, utility relocations and its proportionate share of construction or...
• Illinois Highway Code. - 605 ILCS 5, Section 5-604
  The county board of any county, pursuant to a petition and after referendum approval as required in this Section, may levy a special tax...
• Illinois Highway Code. - 605 ILCS 5, Section 5-604.1
  In any county not under township organization, the county board may levy by ordinance, for a period not exceeding 5 years, an annual tax...
• Illinois Highway Code. - 605 ILCS 5, Section 5-605
  The county board of any county may in any manner provided by law for issuing county bonds, issue bonds of the county for the...
• Illinois Highway Code. - 605 ILCS 5, Section 5-605.1
  The county board of any county may by ordinance and without referendum, issue bonds of the county for the purpose of constructing bridges under...
• Illinois Highway Code. - 605 ILCS 5, Section 5-605.2
  Bonds for county highways. Any county with a population of less than 1,000,000 inhabitants may, by resolution of its county board, incur indebtedness for...
• Illinois Highway Code. - 605 ILCS 5, Section 5-606
  Any road district, in a county, may turn over, to a county, money from the regular road taxes, special taxes voted for road construction,...
• Illinois Highway Code. - 605 ILCS 5, Section 5-607
  Any tax authorized by this Article 5 is in addition to any tax that a county may levy under the provisions of any other...

Division 7. Use of Motor Fuel Tax Funds

• Illinois Highway Code. - 605 ILCS 5, Section 5-701
  Money allotted from the Motor Fuel Tax Fund to the several counties as provided in Section 8 of the "Motor Fuel Tax Law", approved...
• Illinois Highway Code. - 605 ILCS 5, Section 5-701.1
  Any county board may use any motor fuel tax money allotted to it for the construction of (1) highways within the county designated as...
• Illinois Highway Code. - 605 ILCS 5, Section 5-701.2
  Any county board, with the approval of the Department, may also use motor fuel tax money allotted to it for construction of State highways...
• Illinois Highway Code. - 605 ILCS 5, Section 5-701.3
  Any county board with the approval of the Department may also use motor fuel tax money allotted to it for the maintenance of any...
• Illinois Highway Code. - 605 ILCS 5, Section 5-701.4
  Any county board may also use any motor fuel tax money allotted to it or any part thereof for the purpose of retiring bonds...
• Illinois Highway Code. - 605 ILCS 5, Section 5-701.5
  Any county board may also use so much of any motor fuel tax money allotted to it as may be necessary for the purpose...
• Illinois Highway Code. - 605 ILCS 5, Section 5-701.6
  Any county board with the approval of the Department may also use motor fuel tax money allotted to it for the purpose of the...
• Illinois Highway Code. - 605 ILCS 5, Section 5-701.7
  (a) Any county board with the approval of the Department may also use motor fuel tax funds allotted to it to pay the county's...
• Illinois Highway Code. - 605 ILCS 5, Section 5-701.8
  Any county board may also turn over a portion of the motor fuel tax funds allotted to it to: (a) a local Mass Transit...
• Illinois Highway Code. - 605 ILCS 5, Section 5-701.9
  Any county board may also use motor fuel tax money allotted to it for constructing or maintaining, or both, a county garage for the...
• Illinois Highway Code. - 605 ILCS 5, Section 5-701.10
  Any county board in counties of 1,000,000 or more inhabitants may also use any motor fuel tax money allotted to it for the purpose...
• Illinois Highway Code. - 605 ILCS 5, Section 5-701.11
  With the approval of the Department of Transportation, any county board may also use motor fuel tax money allotted to it for the payment...
• Illinois Highway Code. - 605 ILCS 5, Section 5-701.12
  The county board of any county with a population of 1,000,000 or more may also use motor fuel tax money allotted to it for...
• Illinois Highway Code. - 605 ILCS 5, Section 5-701.13
  Motor fuel tax funds; counties over 500,000. The county board of any county may also use motor fuel tax funds allotted to it for...
• Illinois Highway Code. - 605 ILCS 5, Section 5-701.14
  Any county board may also use its allotted motor fuel tax funds for the construction and maintenance of grade separations and approaches thereto which...
• Illinois Highway Code. - 605 ILCS 5, Section 5-701.15
  The formula allocation for counties for the distribution of motor fuel tax funds, provided for in Section 8 in the "Motor Fuel Tax Law",...
• Illinois Highway Code. - 605 ILCS 5, Section 5-701.16
  Any county board, in a county of less than 1,000,000 inhabitants may also use any motor fuel tax money allotted to it or any...
• Illinois Highway Code. - 605 ILCS 5, Section 5-701.17
  Construction, maintenance, or improvement of county unit roads. Any county board in a county with an established county unit district highway system may, with...
• Illinois Highway Code. - 605 ILCS 5, Section 5-702
  Payment of motor fuel tax money to any county for the purposes stated in Sections 5-701.1 through 5-701.11 shall be made by the Department...

Division 8. Property Acquisition

• Illinois Highway Code. - 605 ILCS 5, Section 5-801
  Any county, in its name, may acquire the fee simple title, or such lesser interest as may be desired, to any lands, rights or...
• Illinois Highway Code. - 605 ILCS 5, Section 5-802
  When the county deems it necessary to build, widen, alter, relocate or straighten any ditch, drain or watercourse in order to drain or protect...
• Illinois Highway Code. - 605 ILCS 5, Section 5-803
  For the purpose of making surveys and the determination of the amount of property necessary to be taken or damaged in connection with any...

Division 9. Road Improvement Impact Fees

• Illinois Highway Code. - 605 ILCS 5, Section 5-901
  Short title. This Division may be cited as the Road Improvement Impact Fee Law. (Source: P.A. 86-97.)
• Illinois Highway Code. - 605 ILCS 5, Section 5-902
  General purposes. The General Assembly finds that the purpose of this legislation is to create the authority for units of local government to adopt...
• Illinois Highway Code. - 605 ILCS 5, Section 5-903
  Definitions. As used in this Division: "Units of local government" mean counties with a population over 400,000 and all home rule municipalities. "Road improvement...
• Illinois Highway Code. - 605 ILCS 5, Section 5-904
  Authorization for the Imposition of an Impact Fee. No impact fee shall be imposed by a unit of local government within a service area...
• Illinois Highway Code. - 605 ILCS 5, Section 5-905
  Procedure for the Imposition of Impact Fees. (a) Unless otherwise provided for in this Division, an impact fee shall be imposed by a unit...
• Illinois Highway Code. - 605 ILCS 5, Section 5-906
  Impact Fee Ordinance or Resolution Requirements. (a) An impact fee ordinance or resolution shall satisfy the following 2 requirements: (1) The construction, improvement, expansion...
• Illinois Highway Code. - 605 ILCS 5, Section 5-907
  Advisory Committee. A road improvement impact fee advisory committee shall be created by the unit of local government intending to impose impact fees. The...
• Illinois Highway Code. - 605 ILCS 5, Section 5-908
  Duties of the Advisory Committee. The Advisory Committee shall serve in an advisory capacity and shall have the following duties: (1) Advise and assist...
• Illinois Highway Code. - 605 ILCS 5, Section 5-909
  Unit of Local Government to Cooperate with the Advisory Committee. The unit of local government shall make available to the Advisory Committee all professional...
• Illinois Highway Code. - 605 ILCS 5, Section 5-910
  Comprehensive Road Improvement Plan. Each unit of local government intending to impose an impact fee shall prepare a comprehensive road improvement plan. The plan...
• Illinois Highway Code. - 605 ILCS 5, Section 5-911
  Assessment of Impact Fees. Impact fees shall be assessed by units of local government at the time of final plat approval or when the...
• Illinois Highway Code. - 605 ILCS 5, Section 5-912
  Payment of Impact Fees. In order to minimize the effect of impact fees on the person paying the fees, the following methods of payment...
• Illinois Highway Code. - 605 ILCS 5, Section 5-913
  Impact Fees to be Held in Interest Bearing Accounts. All impact fees collected pursuant to this Division shall be deposited into interest bearing accounts...
• Illinois Highway Code. - 605 ILCS 5, Section 5-914
  Expenditures of Impact Fees. Impact fees shall only be expended on those road improvements within the service area or areas as specified in the...
• Illinois Highway Code. - 605 ILCS 5, Section 5-915
  Comprehensive Road Improvement Plan Amendments and Updates. The unit of local government imposing an impact fee may amend the comprehensive road improvement plan no...
• Illinois Highway Code. - 605 ILCS 5, Section 5-916
  Refund of Impact Fees. All impact fees collected by a unit of local government shall be refunded to the person who paid the fee...
• Illinois Highway Code. - 605 ILCS 5, Section 5-917
  Appeals Process. Any person paying an impact fee shall have the right to contest the land use assumptions, the development and implementation of the...
• Illinois Highway Code. - 605 ILCS 5, Section 5-918
  Transition Clauses. (a) Conformance of Existing Ordinances. A unit of local government which currently has in effect an impact fee ordinance or resolution shall...
• Illinois Highway Code. - 605 ILCS 5, Section 5-919
  Home Rule Preemption. A home rule unit may not impose road improvement impact fees in a manner inconsistent with this Division. This Division is...

Last modified: February 18, 2015