Chapter 605, ROADS AND BRIDGES

(605 ILCS 5/5-603) (from Ch. 121, par. 5-603) Sec. 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 maintenance of highways in the federal aid network or county…

(605 ILCS 5/5-604) (from Ch. 121, par. 5-604) Sec. 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 for the purpose of (1) constructing or repairing county highways or (2) assisting one…

(605 ILCS 5/5-604.1) (from Ch. 121, par. 5-604.1) Sec. 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 at a rate not to exceed .05% of the value, as equalized or assessed by the Depa…

(605 ILCS 5/5-605) (from Ch. 121, par. 5-605) Sec. 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 purpose of constructing county highways: Provided, that the question of issuing such county bonds…

(605 ILCS 5/5-605.1) (from Ch. 121, par. 5-605.1) Sec. 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 any of Sections 5-501 through 5-503 if the county first secures the appr…

(605 ILCS 5/5-605.2) (from Ch. 121, par. 5-605.2) Sec. 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 the purpose of constructing, maintaining or improving county h…

(605 ILCS 5/5-606) (from Ch. 121, par. 5-606) Sec. 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, or the proceeds of bonds heretofore or hereafter issued by such road district for ro…

(605 ILCS 5/5-607) (from Ch. 121, par. 5-607) Sec. 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 law. (Source: Laws 1959, p. 196.)

(605 ILCS 5/5-701) (from Ch. 121, par. 5-701) Sec. 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 March 25, 1929, as now or hereafter amended, other than money allotted to counties for the …

(605 ILCS 5/5-701.1) (from Ch. 121, par. 5-701.1) Sec. 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 county highways, or (2) county highways within the corporate limits of any municip…

(605 ILCS 5/5-701.10) (from Ch. 121, par. 5-701.10) Sec. 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 of paying any and all expenditures resulting from activities conducted by the circ…

(605 ILCS 5/5-701.11) (from Ch. 121, par. 5-701.11) Sec. 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 of the principal and interest of bonds issued for the construction, maintena…

(605 ILCS 5/5-701.12) (from Ch. 121, par. 5-701.12) Sec. 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 construction, maintaining, or leasing office space for activities of the county highway de…

(605 ILCS 5/5-701.13) (from Ch. 121, par. 5-701.13) Sec. 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 placing, erecting, and maintaining signs, or surface markings, or both to indicate o…

(605 ILCS 5/5-701.14) (from Ch. 121, par. 5-701.14) Sec. 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 avoid or replace grade crossings at intersections of county hi…

(605 ILCS 5/5-701.15) (from Ch. 121, par. 5-701.15) Sec. 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", may be used by the county board for the maintenance or improvement of nonded…

(605 ILCS 5/5-701.16) (from Ch. 121, par. 5-701.16) Sec. 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 part thereof for the payment of the principal of and interest on bonds issued for the pu…

(605 ILCS 5/5-701.17) (from Ch. 121, par. 5-701.17) Sec. 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 the approval of the Department, use a maximum of 30% o…

(605 ILCS 5/5-701.2) (from Ch. 121, par. 5-701.2) Sec. 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 within the county. (Source: P.A. 95-331, eff. 8-21-07.)

(605 ILCS 5/5-701.3) (from Ch. 121, par. 5-701.3) Sec. 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 county highway or any State highway. (Source: P.A. 85-1407.)

(605 ILCS 5/5-701.4) (from Ch. 121, par. 5-701.4) Sec. 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 and paying obligations incurred for the purpose of constructing State or county highways, th…

(605 ILCS 5/5-701.5) (from Ch. 121, par. 5-701.5) Sec. 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 of paying bonds (and interest thereon) heretofore or hereafter issued for the purpose of constructi…

(605 ILCS 5/5-701.6) (from Ch. 121, par. 5-701.6) Sec. 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 payment for investigations requisite to determine the reasonably anticipated need for any o…

(605 ILCS 5/5-701.7) (from Ch. 121, par. 5-701.7) Sec. 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 share of the cost of projects on the federal aid urban and the federal aid secondary highw…

(605 ILCS 5/5-701.8) (from Ch. 121, par. 5-701.8) Sec. 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 District if the county created such District pursuant to the "Local Mass Transit District Act", ap…

(605 ILCS 5/5-701.9) (from Ch. 121, par. 5-701.9) Sec. 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 servicing, maintenance or storage of vehicles or equipment used in the construction …

(605 ILCS 5/5-702) (from Ch. 121, par. 5-702) Sec. 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 of Transportation as soon as may be after the allotment is made. However, if any co…

(605 ILCS 5/5-801) (from Ch. 121, par. 5-801) Sec. 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 other property necessary for the construction, maintenance or operation of any county highway, t…

(605 ILCS 5/5-802) (from Ch. 121, par. 5-802) Sec. 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 any highway or highway structure it is authorized to construct, maintain or ope…

(605 ILCS 5/5-803) (from Ch. 121, par. 5-803) Sec. 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 highway project, the county through its officers, agents or employees, after notice …

(605 ILCS 5/5-901) (from Ch. 121, par. 5-901) Sec. 5-901. Short title. This Division may be cited as the Road Improvement Impact Fee Law. (Source: P.A. 86-97.)

(605 ILCS 5/5-902) (from Ch. 121, par. 5-902) Sec. 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 and implement road improvement impact fee ordinances and resolutions. The …

(605 ILCS 5/5-903) (from Ch. 121, par. 5-903) Sec. 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 impact fee" means any charge or fee levied or imposed by a…

(605 ILCS 5/5-904) (from Ch. 121, par. 5-904) Sec. 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 or areas upon a developer for the purposes of improving, expanding, enlarging or constru…

(605 ILCS 5/5-905) (from Ch. 121, par. 5-905) Sec. 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 of local government only upon compliance with the provisions set forth in this Secti…

(605 ILCS 5/5-906) (from Ch. 121, par. 5-906) Sec. 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 or enlargement of new or existing roads, s…

(605 ILCS 5/5-907) (from Ch. 121, par. 5-907) Sec. 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 Advisory Committee shall consist of not less than 10 members and no…

(605 ILCS 5/5-908) (from Ch. 121, par. 5-908) Sec. 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 the unit of local government by recommending proposed land use assumpt…

(605 ILCS 5/5-909) (from Ch. 121, par. 5-909) Sec. 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 reports in relation to the development and implementation of l…

(605 ILCS 5/5-910) (from Ch. 121, par. 5-910) Sec. 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 shall be prepared by persons qualified in fields relating t…

(605 ILCS 5/5-911) (from Ch. 121, par. 5-911) Sec. 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 building permit is issued when no plat approval is necessary. No impact fee shall be asse…

(605 ILCS 5/5-912) (from Ch. 121, par. 5-912) Sec. 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 shall be used by the unit of local government in collecting impact fees. Impact fees im…

(605 ILCS 5/5-913) (from Ch. 121, par. 5-913) Sec. 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 designated solely for such funds for each service area. All interes…

(605 ILCS 5/5-914) (from Ch. 121, par. 5-914) Sec. 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 comprehensive road improvement plan, as updated from time to time. Impact fees…

(605 ILCS 5/5-915) (from Ch. 121, par. 5-915) Sec. 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 more than once per year, provided the cumulative amendmen…

(605 ILCS 5/5-916) (from Ch. 121, par. 5-916) Sec. 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 or to that person's successor in interest whenever the unit of local government fails to encum…

(605 ILCS 5/5-917) (from Ch. 121, par. 5-917) Sec. 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 comprehensive road improvement plan, the imposition of impact fees, the p…

(605 ILCS 5/5-917.1) Sec. 5-917.1. Repeal of road improvement impact fee by ordinance or resolution. If DuPage County has adopted and implemented a road improvement impact fee by ordinance or resolution and repeals the ordinance or resolution, the collected fees, along with any a…

(605 ILCS 5/5-918) (from Ch. 121, par. 5-918) Sec. 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 have not more than 12 months from July 26, 1989 to bring its …

(605 ILCS 5/5-919) (from Ch. 121, par. 5-919) Sec. 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 a limitation under subsection (i) of Section 6 of Article VII of the Illinois…