Illinois General Assembly - Illinois Compiled Statutes

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605 ILCS 5/9-117

(605 ILCS 5/9-117) (from Ch. 121, par. 9-117)

Sec. 9-117.

If any person injures or obstructs a public highway by felling
a tree or trees in, upon or across the same, or by placing or leaving any
other obstruction thereon, or encroaching upon the same with any fence, or
by plowing or digging any ditch or other opening thereon, or by turning a
current of water so as to saturate, wash or damage the same, or by plowing
in or across or on the slopes of the side gutters or ditches, or by placing
any material in such ditches, or in any way interfering with the free flow
of water therein, or leaves the cuttings of any hedge thereon for more than
10 days, without the permission of the highway authority having
jurisdiction over such highway, he shall be guilty of a petty offense and
fined for every such offense not less than $50 nor more than
$500; and in
case of placing any obstruction on the highway, an additional sum of not
exceeding $50 per day for every day he allows such obstruction to
remain
after he has been ordered to remove it by the highway authority having
jurisdiction over such highway. Any person feeling himself aggrieved or any
such highway authority may make a complaint under this Section.

The highway authority having jurisdiction over such highway, after
having given 10 days' notice to the owners of the obstruction or person so
obstructing, or plowing, or digging ditches upon such highway or
interfering with the free flow of water in the side gutters or ditches, of
the obstruction, plowing or digging of ditches, interfering with drainage,
or of the encroachment of any fence, may remove any such fence or other
obstruction, fill up any ditch or excavation except ditches necessary to
the drainage of an adjoining farm emptying into a ditch upon the highway,
or regrade such side gutters or ditches, and recover the necessary cost of
such removal or filling of any such ditch or excavation, or regrading of
such side gutters or ditches from such owner or other person obstructing or
damaging such highway aforesaid, to be collected by the highway authority
having jurisdiction of the highway whereon such offense was committed. Any
such cost recovered shall be deposited in the road fund of the political
division having jurisdiction over the highway adjudged to have been
obstructed or injured, and shall be used only for maintenance or
construction of public highways under the jurisdiction of that division.

The 10 day notice requirement of this Section is not required for any
obstruction to traffic flow including non-adherence to the provisions of a
permit issued by the highway authority having jurisdiction under Section 4-209,
5-413, or 9-113 of this Code.

However, this section shall not apply to any person who shall lawfully
fell any tree for use and shall immediately remove the same out of the
highway, nor to any person through or along whose land a public highway may
pass, who shall desire to drain his land, and who shall give due notice to
the proper highway authority of such intention, and who shall first secure
from such highway authority written permission for any work, ditching or
excavating he proposes to do within the limits of the highway.

(Source: P.A. 93-177, eff. 7-11-03.)