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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
ROADS AND BRIDGES (605 ILCS 5/) Illinois Highway Code. 605 ILCS 5/Art. 5 Div. 4
(605 ILCS 5/Art. 5 Div. 4 heading)
DIVISION 4.
CONSTRUCTION
AND MAINTENANCE
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605 ILCS 5/5-401
(605 ILCS 5/5-401) (from Ch. 121, par. 5-401)
Sec. 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 control and supervision of the county board of the county in
which such county highways are located, and the county board shall repair,
maintain and construct such county highways by contract or with its own
forces.
However, gravel and macadam highways constructed or partially
constructed prior to July 1, 1929 as State aid roads under the provisions
of "An Act to revise the law in relation to roads and bridges", approved
June 27, 1913, as amended, and required to be maintained equally by the
county and the Department under the provisions of Section 32 of that Act
shall continue to be so maintained.
(Source: Laws 1959, p. 196.)
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605 ILCS 5/5-402
(605 ILCS 5/5-402) (from Ch. 121, par. 5-402)
Sec. 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 part, the
construction of a highway, or section thereof, by a county, supervision and
approval of such project by the Department is mandatory except as
hereinafter provided, and the county shall proceed in the manner set forth
in Section 5-403.
Any county may construct a county highway, or section thereof, without
supervision or approval of such project by the Department if no motor fuel
tax funds, federal aid road funds or other funds received from the State
are used to finance such construction. However, at the option of the county
and by proceeding in the manner set forth in Section 5-403, any county
highway construction project may be performed under the supervision of and
approval by the Department even though no motor fuel tax funds, federal aid
road funds or other funds received from the State are used to finance such
construction.
The Department, upon satisfying itself that the County Highway
Superintendent's Office in a county is adequately organized, staffed,
equipped and financed to discharge satisfactorily the duties and
requirements of this Section, may grant a county permission to construct or
maintain highways or sections thereof when such projects are financed in
whole or in part with any road funds received from the State except
Federal-aid funds, without approval and supervision of the Department,
providing the county will enter into an agreement of understanding with the
Department. The Department, in cooperation with the several counties, shall
establish the terms of the agreement of understanding to insure that the
funds are expended in a manner as prescribed by law and rules and
regulations deemed necessary by the Department. The approval and
supervision of the Department may be required anew if the Department
determines that a county which was exempted from such approval and
supervision has not satisfactorily complied with the terms of the agreement
of understanding.
(Source: P.A. 76-1850 .)
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605 ILCS 5/5-403
(605 ILCS 5/5-403) (from Ch. 121, par. 5-403)
Sec. 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
as follows:
The county board shall, by one or more resolutions, specify the
particular section or sections of highway to be constructed and the amount
or amounts to be used for such construction. The resolution or resolutions
shall be submitted to the Department for its approval. One resolution may
be submitted for more than one project. When the resolution or resolutions
have been approved by the Department, the county shall cause surveys,
plans, specifications and estimates of such construction to be made and
submitted to the Department for approval.
Upon receiving such approval, the county may advertise for bids and let
contracts for such construction to the lowest responsible bidder; or with
the approval of the Department, do the work itself through its officers,
agents and employees. No contract shall be let without the approval of the
Department. The Department shall have general supervision of such
construction whether done by the county or by contract. Upon completion of
the construction, if it is found by the Department that such construction
has been in accordance with the specifications, plans, surveys, and
contracts (if the construction was by contract), the Department shall so
certify to the county.
(Source: P.A. 77-632 .)
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605 ILCS 5/5-405
(605 ILCS 5/5-405) (from Ch. 121, par. 5-405)
Sec. 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 highway situated upon or near the boundary line between them, the
respective county boards thereof may, by appropriate resolutions, initiate
proceedings therefor. To this end such county boards may, by concurring
resolutions, fix the portion of the total cost of construction which should
be borne by each county.
In all proceedings contemplating the construction or improvement of a
county line highway as herein provided, all acts of each county board
relative thereto, together with the result of any vote upon the question of
levying a tax or issuing bonds as provided herein, shall be communicated by
the county clerk of each county to the county clerk of the other county.
In case either county refuses to take the steps necessary to secure the
construction or improvement of such county line highway as herein provided,
then all prior proceedings relative thereto on the part of the other county
shall be regarded as suspended.
(Source: Laws 1959, p. 196.)
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605 ILCS 5/5-406
(605 ILCS 5/5-406) (from Ch. 121, par. 5-406)
Sec. 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 adjoining county, or to construct an interchange at the intersection
of any county, State, or interstate highway situated within an adjoining
county, the county board may by resolution of record request
the county board of the adjoining county to improve such connection to the
county line or construct such interchange, and the county board making
said request is authorized to turn
over to the adjoining county making such improvement or constructing the
interchange, such part of the cost
of the improvement or interchange as may be agreed upon between such
counties, subject to
the approval of the Department.
(Source: P.A. 85-136.)
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605 ILCS 5/5-407
(605 ILCS 5/5-407) (from Ch. 121, par. 5-407)
Sec. 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 flood
damage, such highway in either or both of such counties may be constructed,
repaired or maintained by the adjoining counties, or either of them, or may
be partly constructed, repaired or maintained by both or either of such
counties.
The county boards of such adjoining counties may enter into a contract
as to the proportion of the expense of construction, repair or maintenance
to be borne by each, and such contracts shall be judicially enforceable;
or either county may construct or maintain, or assist in the
construction and maintenance of such highway in either or both counties.
(Source: P.A. 83-345.)
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605 ILCS 5/5-408
(605 ILCS 5/5-408) (from Ch. 121, par. 5-408)
Sec. 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 its own discretion in the case of a municipality with a population
of 500 or less, may construct or maintain with county funds a highway or
street, or part thereof, lying within the corporate limits of any
municipality within the county, to connect or complete a county highway
located to the corporate limits of such municipality.
(Source: Laws 1965, p. 1070.)
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605 ILCS 5/5-409
(605 ILCS 5/5-409) (from Ch. 121, par. 5-409)
Sec. 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% of the
value of the work then completed may be made until 50% of the work has been
completed. After 50% of the work is completed, the county may, in its
discretion, make partial payments without any further retention, provided
that satisfactory progress is being made and provided that the amount
retained is not less than 5% of the total adjusted contract price.
At the discretion of the county and with the consent of the surety, a
semi-final payment may be made when the principal items of the work have
been satisfactorily completed. Such payment shall not exceed 90% of the
amount retained nor reduce the amount retained to less than 1% of the
adjusted contract price nor less than $500.00.
Final payment under the contract shall not be made until it is shown
that all money due for any labor, material, apparatus, fixtures or
machinery furnished to the contractor or other indebtedness of the
contractor incurred in connection with such work has been paid.
Furthermore, if the contract is one that was approved by the Department,
no final payment shall be made until the county has received approval by
the Department to do so.
This Section is also subject to the provisions of Section 23 of the Mechanics Lien Act.
(Source: P.A. 96-328, eff. 8-11-09.)
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605 ILCS 5/5-410
(605 ILCS 5/5-410) (from Ch. 121, par. 5-410)
Sec. 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 corporation to maintain any county highway, or any
part thereof, located within the municipal corporation, such maintenance to
be under the supervision of the county superintendent of highways. Any such
agreement entered into prior to the effective date of this Code is
validated.
(Source: Laws 1959, p. 196.)
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605 ILCS 5/5-410.1
(605 ILCS 5/5-410.1) (from Ch. 121, par. 5-410.1)
Sec. 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 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.)
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605 ILCS 5/5-411
(605 ILCS 5/5-411) (from Ch. 121, par. 5-411)
Sec. 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 used for the receipt of United States mail.
The rules, regulations and specifications adopted by the Department
governing the erection and maintenance of boxes for the receipt of United
States mail on State highways shall apply to and govern the erection and
maintenance of such boxes on such county highways.
(Source: Laws 1959, p. 1800.)
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605 ILCS 5/5-412
(605 ILCS 5/5-412) (from Ch. 121, par. 5-412)
Sec. 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 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 county board in any such
case shall be the higher of the market price in the local area of
such crop at the time of contracting or the current Commodity Credit
Corporation target price. An additional sum of money equal to at least 10% of the
contract price may be paid to the grower as an inconvenience fee.
(Source: P.A. 100-46, eff. 1-1-18 .)
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605 ILCS 5/5-413
(605 ILCS 5/5-413) (from Ch. 121, par. 5-413)
Sec. 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 from a county highway in accordance with regulations adopted by
the county board.
(Source: P.A. 85-808.)
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605 ILCS 5/5-414
(605 ILCS 5/5-414)
Sec. 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
the agency or
person to temporarily close to traffic any portion of a county highway for any
public purpose or
any temporary needs of the agency in accordance with regulations adopted by the
County Board.
(Source: P.A. 91-775, eff. 6-9-00.)
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