Section 522.10  Purpose

The purpose of this Part is to provide the procedures for registrations, permit applications and revocations and the requirements for the erection and maintenance of signs along interstate or primary highways in Illinois.

Section 522.20  Definitions

"Act" means the Highway Advertising Control Act of 1971 [225 ILCS 440].

"Affiliate" means a company that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, another company.

"Air mile" means a distance of one mile as measured horizontally along a straight line between the sign and activity advertised.

"Business Area" means any part of an area adjacent to and within 660 feet of the right-of-way which is at any time zoned for business, commercial or industrial activities under the authority of any law of this State; or not so zoned, but which constitutes an unzoned commercial or industrial area.  However, as to signs along Interstate highways, the term "business area" includes only areas which are within incorporated limits of any city, village, or incorporated town, as such limits existed on September 21, 1959, and which are zoned for business, industrial or commercial use, or to portions of Interstate highways which traverse other areas where the land use, as of September 21, 1959, was clearly established by State law as business, industrial or commercial. (Section 3.12 of the Act [225 ILCS 440/3.12])  Areas which were zoned as of September 21, 1959 and were not specifically zoned for business, commercial or industrial use as of September 21, 1959 and were outside corporate limits on that date will not be considered business areas along Interstate highways. However, an area zoned for business, commercial or industrial activities that is adjacent to and within 660 feet of an Interstate highway and that is in Township 41 North, Range 10 East of the Third Principal Meridian shall be deemed a business area along Interstate highways.  [225 ILCS 440/3.12] (See PA 95-0340, effective January 1, 2008.) Areas which were unzoned on September 21, 1959 may qualify as business areas along Interstate highways if the applicant can show, based on contemporaneous historical records of State actions (e.g., State sales tax records, required State license fees, etc.) that the land on September 21, 1959 was and has continuously been used as business, commercial or industrial.  Land unzoned on September 21, 1959, used for agricultural and/or farming activities, including but not limited to forestry, ranging, mining and mineral extraction activities, grazing, wayside produce stands and grain storage bins, will not be considered as business, commercial or industrial land uses for purposes of this Part.  Additionally, unzoned land used for railroad tracks and minor sidings; transient or temporary activities not involving permanent buildings or structures; outdoor advertising structures; activities not visible from the main-traveled way; activities conducted in a building principally used as a residence (if the ground floor of the building is more than 50% residence); and activities located in buildings that are not integral to the business operation or that are used to store trade equipment and where business transactions do not take place will not be considered as business, commercial or industrial land uses.

"Code" means the Illinois Highway Code [605 ILCS 5].

"Commercial or industrial activities," as used in the definition of "business area" and "unzoned commercial or industrial area," means those activities located within 660 feet of the nearest edge of the highway right-of-way generally recognized as commercial or industrial by zoning authorities in this State, such as land use devoted to commerce, industry, trade, manufacturing, highway service, highway business, warehouses, offices or similar uses, but for the purpose of determining unzoned commercial and industrial areas does not include the following:

Agricultural, forestry, ranging, mining and mineral extraction activities, grazing and farming activities, including wayside fresh produce stands and grain storage bins;

Railroad tracks and minor sidings;

Transient or temporary activities not involving permanent buildings or structures;

Activities that are conducted in a building that is used to store trade equipment or that is not integral to the business operation where actual business transactions take place;

Outdoor advertising structures;

Activities not visible from a main-traveled way; and

Activities conducted in a building principally used as a residence (if the ground floor of the building is more than 50% residence). (Section 3.10 of the Act)

"Damaged signs" means signs that require repair beyond normal maintenance.

"Department" means the Illinois Department of Transportation.

"Directional signs" means signs containing directional information about public places owned or operated by Federal, State or local governments or their agencies; publicly or privately owned natural phenomena; historic, educational, cultural, scientific and religious sites; areas of natural or scenic beauty; or areas naturally suited for outdoor recreation which are deemed to be in the interest of the traveling public.

"Director" means the Director of the Division of Highways or the Director's designee.

"District" means any one of the District offices of the Department's Division of Highways.  (See Illustration M.)

"Erect" means to construct, build, raise, assemble, place, affix, attach, create, paint, draw or in any other way bring into being or establish; but does not include any of the foregoing activities when performed as an incident to the change of advertising message or normal maintenance or repair of a sign or sign structure. For the purposes of this definition, the following shall not constitute normal maintenance or repair of a sign or sign structure: replacing more than 60% of the uprights, in whole or in part, of a wooden sign structure; replacing more than 30% of the length above ground of each broken, bent, or twisted support of a metal sign structure; raising the height above ground of a sign or sign structure; making a sign bigger; adding lighting; or similar activities that substantially change a sign or make a sign more valuable. (Section 3.08 of the Act) 

"Expressway" means a primary highway constructed either as a freeway or tollway which has complete control of access. (See Illustration A.) (Section 3.04 of the Act)

"Federal, State or local law" means a Federal or State constitutional provision or statute, or an ordinance, rule or regulation enacted or adopted by a State or Federal agency or a political subdivision of a State pursuant to Federal or State constitution or statute.

"Illegal Signs" means signs not in compliance with this Part.

"Interchange" means a system of interconnecting roadways in conjunction with one or more grade separations, providing for the movement of traffic between two or more roadways on different levels.

"Interstate highway" means any highway, including a tollway, designated by the Department and approved by the United States Department of Transportation as a part of the National System of Interstate and Defense Highways.  A highway becomes a part of the National System of Interstate and Defense highways upon the date of approval of the Route Location Decision and the approval of the addition of the highway to the National System of Interstate and Defense Highways by the Governor and the United States Department of Transportation. (Section 3.02 of the Act)

"Main-traveled way" means the traveled way (i.e., pavement) of a highway on which through traffic is carried.  In the case of a divided highway, the traveled way of each of the separated roadways for traffic in opposite directions is a main-traveled way.  It does not include such facilities as frontage roads, turning roadways, or parking areas. (Section 3.05 of the Act)

"Maintain" means to allow to exist and includes the periodic changing of advertising messages as well as the normal maintenance or repair of signs and sign structures. (Section 3.06 of the Act)

"Multiple Message Sign" means an outdoor advertising sign that displays a series of message changes, regardless of the technology used.  A multiple message sign provides for a fixed message of at least ten seconds in length with a transition time between message changes of three seconds or less.  Multiple message signs contain a default design that will freeze the message in one position if a malfunction occurs.

"Municipality" means a city, village, or incorporated town in the State of Illinois, but, "municipal" or "municipality" does not include a township, town when used as the equivalent of a township, incorporated town which has superseded a civil township, county, school district, park district, sanitary district or any other similar governmental district. (Section 3.09 of the Act)

"National Highway System" means the designation provided to certain highways by the Department, which designation must be approved by the United States Department of Transportation and the United States Congress for the purpose of providing an interconnected system of principal arterial routes that serve major population centers, international border crossings, ports, airports, public transportation facilities, other major travel destinations, and interstate and inter-regional travel and meet national defense requirements. (Section 3.15 of the Act)

"Non-conforming sign and/or sign structure" means a registered sign and/or sign structure lawfully in existence as of the effective date of the Highway Advertising Control Act (July 1, 1972), but which thereafter does not conform with the provisions of the Act.  The term also includes a lawful sign and/or sign structure rendered non-conforming by its subsequently becoming subject to the terms of the Act, including but not limited to its being adjacent to a highway, and not in a business area, that subsequently comes under control of the Act or a sign and/or sign structure that is rendered non-conforming by subsequent amendment to the Act (except that sign and/or sign structures subject to the amendments of Section 6.01 (Size) and 6.03 (Spacing) of the Act by Public Act 87-1205 shall not be rendered non-conforming, the text of this definition notwithstanding).  A non-conforming sign and/or sign structure may be maintained, but neither a lawfully erected conforming sign and/or sign structure nor a lawfully erected non-conforming sign and/or sign structure may be compelled to be altered or removed under this Act until just compensation is paid to the sign and/or sign structure owner and the owner or owners of the property on which the sign and/or sign structure is erected.

"Official notices" means service club and religious notices and public service signs.

"Official signs" means signs erected and maintained by public officers or public agencies within their territorial or zoning jurisdiction and pursuant to and in accordance with direction or authorization contained in Federal, State or local law for the purposes of carrying out an official duty or responsibility.  Historical markers authorized by State law and erected by State or local government agencies or non-profit historical societies are considered official signs.

"On premise signs" means those signs which advertise activities conducted on the property on which they are located.  Variety seed signs, fertilizer signs, and other agricultural product signs are not on premise signs unless at least 50 percent of the sign face is devoted to identification of the farm owner or operator.  A sale or lease sign which also advertises any product or service not located upon and unrelated to the business of selling or leasing the land on which the sign is located is not an on premise sign.

"Parkland" means any publicly owned land which is designed or used as a public park, recreation area, conservation area, wildlife or waterfowl refuge or historic site.

"Primary highway" means any highway, other than an Interstate highway, designated by the Department and approved by the United States Department of Transportation as a part of the Federal-Aid Primary System in existence on June 1, 1991 or any highway other than an Interstate highway that is not on such system that is on the National Highway System.  (Section 3.03 of the Act)

"Public utility signs" means warning signs, informational signs, notices or markers which are erected and maintained by publicly or privately owned public utilities as essential to their operations.

"Responsible Local Officials" means in urbanized areas, principal elected officials of general purpose local governments acting through the Metropolitan Planning Organization designated by the Governor; or in urban areas not within any urbanized area, principal elected officials of general purpose local governments.

"Rest area" means an area or site established and maintained within or adjacent to the highway right-of-way by or under public supervision or control for the convenience of the traveling public.

"Right-of-way" includes all property, whether it is presently being used for highway purposes or not, either under the jurisdiction of the Department or owned in fee by the State of Illinois or dedicated to the People of the State of Illinois for highway purposes, for which the jurisdiction, maintenance, administration, engineering or improvement of any highway situated thereon has been contracted by the Department to any other highway authority pursuant to Section 4-409 of the Highway Code.

"Scenic area" means any area of particular scenic beauty or historical significance as determined by Federal, State or local officials having jurisdiction over said areas, and includes interests in land which have been acquired for the restoration, preservation and enhancement of scenic beauty.

"Scenic byway" means that portion of a highway that has been nominated by the Department to the United States Department of Transportation for designation as a National Scenic Byway or All-American Road, and that has received national designation.  "Scenic byway" does not include a section of primary or Interstate highway that traverses a business area at the time of nomination, except in accordance with Section 14.02(a)(5) of the Act. (Section 3.16 of the Act)

"Secretary" means the Secretary of the Department.

"Service club and religious notices" means signs and notices relating to meetings of not for profit service clubs and charitable associations, or religious services.

"Sign" means any outdoor sign, display, device, notice, figure painting, drawing, message, placard, poster, billboard, or other thing, which is designated, intended or used to advertise or inform, and of which any part of the existing or intended advertising or informative contents is or will be visible from any place on the main-traveled way of any portion of an Interstate or primary highway and which is within 660 feet of the nearest edge of the right-of-way of such highway. (Section 3.07 of the Act)

"Sign" also means any sign described above which is more than 660 feet from the nearest edge of such highway right-of-way, outside of an urban area, visible from any place on the main-traveled way of any portion of such highway and erected with purpose of its message being read from such main-traveled way. (Section 3.07 of the Act)

"Sign Structure" means the assembled components which make up an outdoor advertising display, including but not limited to uprights, supports, display area and trim.

"Unzoned commercial or industrial area" means any area adjacent to the right-of-way of a primary highway or an Interstate highway for purposes of Section 522.210, not zoned by any county or municipality and which lies within 600 feet of any commercial or industrial activity.  All measurements shall be from the outer edges of the regularly used buildings, parking lots, storage or processing areas of the activities, not from the property lines of the activities, and shall be along or parallel to the edge or pavement of the highway.  On primary highways other than expressways, but not along Interstate highways for purposes of Section 522.210, where there is an unzoned commercial or industrial area on one side of the road in accordance with the preceding, the unzoned commercial or industrial area shall also include those lands directly opposite on the other side of the highway to the extent of the same dimensions except where such lands are publicly owned or controlled for scenic or recreational purposes. (See Illustration B.) (Section 3.11 of the Act)

"Urban area" means an urbanized area or, in the case of an urbanized area encompassing more than one state, that part of the urbanized area in each such state, or an urban place as designated by the Bureau of the Census of the United States having a population of 5,000 or more and not within any urbanized area, within boundaries to be fixed by responsible state and local officials in cooperation with each other, subject to approval by the Secretary of the United States Department of Transportation.  Such boundaries shall, as a minimum, encompass the entire urban place designated by the Bureau of the Census. (Section 3.14 of the Act)

"Visible" means capable of being seen (whether or not legible) without visual aid by persons of normal visual acuity. (Section 3.13 of the Act)

(Source:  Amended at 35 Ill. Reg. 8523, effective May 17, 2011)

Section 522.30  Signs Requiring Permits and Registrations

The following types of signs may be erected and maintained only after a permit or registration has been issued by the Department.  Further, existing signs erected pursuant to the

Act can only be re-erected or improved (any change that adds value to the sign) subsequent to the receipt of a permit (see Section 522.50, Permit Application Contents).

a)         Signs along Interstate highways that advertise the sale or lease of property on which they are located;

b)         On premise signs located along Interstate highways;

c)         Signs located along Interstate highways that provide information relative to lodging, food, outdoor recreational facilities or automotive service facilities;

d)         Signs in business areas other than directional signs, official signs, official notices, public utility signs, or those non-business area signs described in subsections (a), (b), and (c);

e)         Any sign listed in subsections (a) through (d) that, after receiving a permit or a registration, is erected again, is enlarged or extended by the sign owner.  These signs shall require new permits and payment of the application fee.

(Source:  Amended at 35 Ill. Reg. 8523, effective May 17, 2011)

Section 522.40  Place of Filing

The permit application or registration shall be filed with the Department office having jurisdiction over the area in which the sign is to be erected or is located.  (See Illustration M.)

(Source:  Amended at 35 Ill. Reg. 8523, effective May 17, 2011)

Section 522.50  Permit Application Contents

a)         The permit application shall be a form prescribed by the Department. The application shall require the applicant to provide specific information necessary for the Department to determine whether a permit should be issued.

b)         The following additional documentation shall be attached to the permit application:

1)         Verification as to the zoning classification for the proposed sign location.  For proposed signs along Interstate highways, the documentation shall show whether the site lies within incorporated limits as they existed on September 21, 1959, and, if not, the land use as it was zoned on September 21, 1959.  If the site was not zoned on September 21, 1959, or is not zoned now, this shall be stated.

A)        Verification of zoning classification will consist of an ordinance, certification by the current zoning official and any other documentation that shows the zoning classification.  The zoning certification must be submitted on the local governing agency's letterhead and must certify to the site's zoning classification as well as to the site's adherence to the September 21, 1959 criteria prescribed in subsection (b)(1) of this Section.

B)        Zoning must be comprehensive.  Signs will not be permitted on spot zoned land or land on which the only plausible commercial or industrial use is outdoor advertising.  

C)        When the application is for a site in a newly zoned commercial or industrial area and no commercial or industrial site development is evident, the zoning certification must certify to the site's pending commercial or industrial use. For purposes of this subsection (b)(1)(C), "newly zoned" means zoning that occurs from time-to-time when market conditions warrant a change of land use. As evidence of pending commercial or industrial use, the application shall include a site plan that has been approved by the local zoning authority. If an approved site plan does not exist, the application shall include a statement by the local zoning authority certifying to the existence of utilities, roads and streets necessary to support commercial or industrial development.

2)         Illinois State Plane Coordinates or reference to latitude/longitude coordinates for the proposed location, as well as a site drawing of the proposed location.  The site drawing for business area signs other than on premise signs and signs that advertise the sale or lease of property on which they are located shall contain at least the following information:

A)        The exact location of the proposed sign.

B)        The distance as measured along the edge of the highway pavement between the proposed sign and the nearest existing signs other than on premise signs and signs that advertise the sale or lease of property on which they are located, whether illegal or legal as long as the sign is visible from any place on the main traveled way of the highway regardless of which highway the sign's message is primarily intended to face and, in urban areas, is within 660 feet of the nearest edge of the highway right-of-way.  Measured distances between the proposed sign and the nearest existing sign shall be as prescribed in the table in subsection (b)(3).

C)        The distance between the proposed sign and the nearest edge of the highway right-of-way.

D)        For signs located along interstate highways or expressways outside incorporated municipalities, the distance between the proposed sign and the beginning or ending of pavement widening for any interchange within 600 feet.

3)         For signs with display area in excess of 150 square feet, the site drawing shall contain all of the information required in subsection (b)(2) of this Section, and, in addition, shall be prepared or approved by a land surveyor licensed by the State of Illinois and shall show measured distances between the proposed sign and the nearest existing sign according to the following table:

4)         For signs with display area in excess of 150 square feet, a current title commitment or other evidence of title showing ownership of the proposed site.

5)         Whenever the applicant does not own the proposed site, a certificate of good corporate standing from the Illinois Secretary of State's Office will be required, as well as a fully executed site lease, contract to purchase or other proof of consent to erect and maintain a sign on the site.  Leases shall contain all riders.  Rents need not be shown. All changes made to the lease, contract to purchase, or consent which are related to the requirements of this Part shall also be submitted to the Department. Whenever the lease, contract to purchase or consent is not signed by the property owner, proof of authority shall also be provided. A lease, contract to purchase, or other form of consent to erect and maintain a sign that is subject to a permit being issued by the Department to erect a sign will be considered a valid and binding document.  If the lease, contract to purchase or other consent to erect and maintain a sign is terminated prior to the erection of the sign, the permit is void.

6)         For on-premise signs, a plat or survey shall be provided showing the location of the sign, the location of the activity being advertised, and the distance to the nearest edge of the highway right of way.

7)         For signs that advertise the sale or lease of property on which they are located, a site drawing shall be provided showing the location of the sign and the distance to the nearest edge of the highway right-of-way.

8)         For signs described by Section 522.210, the distance in air miles between the proposed sign and the activity advertised.

9)         A copy of written notice by the applicant to the municipality where the sign is to be located, or to the county where the sign is to be located in an unincorporated area, of the fact that an application has been filed with the Department.  A copy of the completed application form shall be forwarded to the municipality or county.

10)         Remittance of the non-refundable application fee by check or money order payable to the Treasurer of the State of Illinois.  As of July 1, 1993, the application fee shall be as follows:

A)        For signs of less than 150 square feet, the fee shall be $50.

B)        For signs of at least 150 but less than 300 square feet, the fee shall be $100.

C)         For signs of 300 or more square feet, the fee shall be $200. (Section 8 of the Highway Advertising Control Act of 1971) [225 ILCS 440/8]

D)        The square feet shall be measured by the smallest square, rectangle, triangle, circle, or combination that will encompass the entire display area.  If one side of the sign provides for more display area than another, the measurements will be made on the larger side.

11)        For signs to be located along Interstate highways in business areas on parcels of land located in areas which were unzoned on September 21, 1959, proof based on contemporaneous historical records of State actions that the land use on September 21, 1959 was business, commercial or industrial, must be submitted with the permit application.

12)        When a permit has previously been issued for a specific sign at a specific site and the holder of that permit wishes to change that permitted sign in a manner that would require the issuance of a new permit, the applicant must provide a copy of the original permit application identifying the permit number and application approval.  This type of application will also require the following:

A)        A statement that the application is being submitted in order to improve an existing permitted sign and that this action will not cause any violations pursuant to the requirements of the Act and this Part.

B)        The removal of the existing permitted sign will occur prior to the erection of any other sign approved as a result of this permit application.

C)        All other requirements of the Act and this Part are satisfied without conditions.

c)         The applicant shall certify that all of the information provided is true and accurate and that the applicant is not the owner of, or affiliated with an owner of, an abandoned or illegal sign as defined by this Part.  This certification shall be supported by an oath or affirmation acknowledged by a notary public.

(Source:  Amended at 35 Ill. Reg. 8523, effective May 17, 2011)

Section 522.60  Receipt of Application

a)         All permit applications shall be stamped or otherwise marked with the date and time upon receipt at the designated Department office.

b)         Priority of processing permit applications shall be in the order they are received.

c)         If a receipt is requested showing the date and time the application was received, the applicant shall submit a self-addressed, stamped envelope.

d)         Applications must be delivered to the designated Department office with jurisdiction and not to any other District or to personnel other than the personnel designated to accept applications.

e)         Mailed applications will be considered to be received on the date postmarked by the U.S. Postal Service (USPS) on the envelope (at 11:59 PM). Private postmark stamps, bulk rate, or business stamping machines will not establish the proper postmark.  The postmark will be established by the canceled stamp or USPS insignia on the envelope.  If a postmark fails to exist, then the date shall be the date and time actually received and marked by the designated personnel at the Department office.

f)         Attempting to "notarize" or acknowledge a time other than 11:59 PM will not be recognized when applications are mailed.

g)         Faxed or electronically submitted applications, letters, protests or messages will not be accepted unless agreed to in writing by the Department office.

h)         Applications submitted by delivery or expedited mail service (e.g., overnight mail, Federal Express, UPS) will be considered to be applications delivered in person and not applications submitted by the private postmark date.

i)          If two or more applications are mailed or received at the same time that could contradict the interests of the others, and the Department cannot determine which application was there first with any degree of certainty, priority will be determined by the Department by lottery, drawing straws, coin toss, or any other fair and impartial method determined by the Department.

j)          To ease administration of permit applications, the Department, at its discretion, may group applications for a particular site or geographic area.

k)         Priority will not defeat the erection of a validly permitted or registered conforming but damaged sign re-erected at the same location.

l)          Examples of Priority Applications:

1)         Example One:  Application "A" postmarked on the third of the month and received on the fifth; Application "B" hand delivered on the fifth. Application "A" has priority since it was postmarked on the third at 11:59 PM.

2)         Example Two:  Application "A" postmarked on the third of the month and received on the fifth; Application "B" received at 5:00 PM on the third. Application "B" has priority since it was received at 5:00 PM and Application "A" could have been mailed and postmarked up to 11:59 PM.

3)         Example Three:  Group A consists of five applications received at different times for a particular location with the first application having priority over the others.  The administrator inspects the site during his/her regular duties or schedules a special trip.  If conditions will not allow the issuance of a permit, the applications are denied.  During the period for processing the denial, conditions change which may allow the issuance of a permit.  The application with priority will be considered first, the application with second priority will be considered second, and so forth.

4)         Example Four:  Same facts as Example three but all five applications receive final denial notice from the Department.  Department then moves on to Group B applications, inspects the sites and determines if any permits could be issued.  If not, a 30-day notice is sent.  If, after reinspection, conditions change, the application with first priority in Group B is considered to determine whether  a permit can be issued.  If not, the second priority application is reviewed and so forth until the formal denial process ends.  The Department then moves on to Group C if one exists.

5)         Example Five:  Two applications arrive at different dates but are postmarked on the same date or two or more people claim they are first in line at the designated Department office to have their applications processed.  The Department is unable to determine with any degree of certainty who has priority. The Department will inform the parties that the Department will determine priority by lottery as described in subsection (i) of this Part.

(Source:  Amended at 35 Ill. Reg. 8523, effective May 17, 2011)

Section 522.70  Approval of Application

a)         The Department shall approve the permit application upon its determination, after a site investigation that it is complete, correct and in compliance with the requirements of the Act and this Part.  The application shall be marked "approved" on its face.

b)         The Department shall notify the permittee that the application has been approved by sending a copy of the approved application to the permittee.

c)         Permittees shall be issued an identifying tag by the Department which shall be securely affixed to the front face of the sign or sign structure in a conspicuous place by the owner  or the Department upon erection of the sign or within ten days after receipt of the tag, whichever is later (Section 8 of the Act).  Permittees shall provide evidence such as "as-built" plans or affidavit, but, preferably by photograph, of erection of signs.

(Source:  Amended at 35 Ill. Reg. 8523, effective May 17, 2011)

Section 522.80  Denial of Application

a)         If a review of the application or a site investigation reveals that the permit application is incomplete, contains incorrect information or is not in compliance with the requirements of the Act or this Part, or that the applicant is the owner of, or affiliated with an owner of, an abandoned or illegal sign, then the Department shall notify the applicant in writing by certified mail of its intent to deny the permit application and state the reasons for that action.  The notification shall inform the applicant that he/she has 30 calendar days from the date of receipt of the notification to challenge the intent to deny or to correct the deficiencies noted.  No time extensions will be permitted.  The challenge shall be made in writing, state the position of the applicant, the facts in support of that position and shall contain any relevant documentation. The challenge must be received in the Department office within the 30 day period.  The Department will review the challenge and shall either approve or deny the application based on the requirements of this Part.  No appeal may be taken from the Department 's decision on the challenged application.  The applicant's priority will be retained pending the Department's final decision.  Only one application per applicant will be processed for the same site or any site within 500 feet of the site along an Interstate, expressway or a primary highway outside a municipality, or within 300 feet along a primary highway within a municipality, for which a permit application is submitted prior to the final decision by the Department.

b)         If, after consideration of the challenge, the Department approves the application, the procedures in Section 522.70 shall apply.  If, after consideration of the challenge, the Department denies the application, it shall be marked "denied" on its face and the reason for denial stated on the application.  The Department shall notify the permittee of the denial by sending a copy of the denied application.

c)         The permittee shall be deemed to have waived the right to challenge if the challenge is not filed in the time specified in subsection (a) of this Section.  In such case, the application will be denied and be processed in the same manner as an application denied with a challenge.

(Source:  Amended at 35 Ill. Reg. 8523, effective May 17, 2011)

Section 522.90  Renewal of Permits

a)         Signs must be erected within three years after the date the permit is issued.  If a sign is not erected within three years, the permit will become void and the applicant will be required to wait 60 calendar days before a new application for that site can be submitted and considered.   

b)         Upon a change in permittee or sign ownership, the new permittee or owner of the sign shall notify the Department, in writing, of the sign permit or registration number and the old and new permittee or sign owners' names within 60 days after the change in permittee or sign ownership.  No application fee is required under these circumstances. Any permit or registration not so renewed shall become revocable in accordance with the provisions of Subpart C. (Section 8 of the Act)

(Source:  Amended at 35 Ill. Reg. 8523, effective May 17, 2011)

Section 522.100  Registration of Existing Signs

a)         When a highway or a section of a highway is added to the primary system, the Department shall so notify owners of signs along such a highway that they have 90 days to register their signs.

b)         When a primary highway is added to the Interstate system, the Department shall so notify owners of on premise signs and signs which advertise the sale or lease of property on which they are located that they have 90 days to register their signs.

c)         Registration shall be on a form prescribed by the Department and shall be accompanied by a check or money order in the amount of $5.00 payable to the Treasurer of the State of Illinois.

d)         Signs not registered in accordance with this Section shall receive notice as provided in Subpart C of this Part.

(Source:  Amended at 35 Ill. Reg. 8523, effective May 17, 2011)

Section 522.110  Notice of Intent to Revoke

Whenever the Department determines that grounds exist for the revocation of a permit or registration (including but not limited to false information in the application, errors in permit processing, failure to erect what was permitted, classification as an owner of an illegal or abandoned sign, use of aliases, affiliates or subsidiary companies to obtain permits, or any other violation of the Act or this Part), the Department shall notify the permittee by certified mail of its intent to revoke the permit.  This notice shall be called the "Notice of Intent to Revoke Permit" ("Notice") and shall inform the permittee that he or she has 30 calendar days from receipt of the notice to reply.  The procedures in this Subpart shall not apply when a permit has expired without any sign being erected within three years after issuance.

(Source:  Amended at 35 Ill. Reg. 8523, effective May 17, 2011)

Section 522.120  Reply of Permittee

a)         The Reply shall be made to the Department in writing and received at that office within the 30 day period.  No time extensions will be permitted.  The Reply shall specifically state one of the following:

1)         That the sign has been removed.  In such case, evidence of the removal (an affidavit or photograph) shall be submitted with the Reply.

2)         That the problem cited in the Notice of Intent to Revoke has been corrected or that measures to correct the problem will be undertaken in the manner and within the times set forth in the Reply. Evidence of the correction (an affidavit or photograph) shall be submitted with the Reply.

3)         That a dispute exists and a review is requested.

b)         If the permittee fails to reply or to reply within the 30 day period, the Notice shall constitute the "30 day letter" as provided for in Section 522.140 and shall have the same force and effect as same.

c)         If the evidence submitted with the Reply shows that the sign has been removed, then the Department will notify the permittee that the permit is revoked.

d)         If the evidence shows that the permittee has corrected the problem, the Department will so notify the permittee and the Notice shall be considered null and void.

e)         If the Department finds that the evidence submitted with the Reply fails to show that the sign has been removed or that no measures have been taken or proposed to correct the problem, and no review is requested; then the Department will issue a "30 day letter" in accordance with Section 522.140.

(Source:  Amended at 35 Ill. Reg. 8523, effective May 17, 2011)

Section 522.130  Review Procedures

a)         Proceedings

1)         In response to the timely receipt of the permittee's reply requesting a review, the Department will notify the Director within 14 calendar days that a request for review has been received.  The Department will also send a copy of the written notice to the permittee by certified mail. 

2)         Within 28 calendar days after the permittee's receipt of the Department's notice to the Director, the permittee shall submit to the Director in duplicate its written argument supporting its positions.  The permittee shall also send a copy of its argument to the Department by certified mail.

3)         Within 28 calendar days after the Department's receipt of the permittee's argument, the Department will submit to the Director in duplicate its written argument and response to the permittee's argument supporting its positions.  The Department is responsible for assembling the record for review and will include the record for review with its argument to the Director.  The Department will also send a copy of its argument and response and the record for review to the permittee by certified mail.

4)         Within 14 calendar days after receipt of the Department's argument and response and the record for review, the permittee shall submit to the Director in duplicate its written rebuttal argument to the Department's argument and response.  The permittee's rebuttal argument shall only address the Department's argument and response and shall not introduce new theories on the disputed matter.  The permittee shall also send a copy of its rebuttal argument to the Department by certified mail.

5)         The Director may hold a conference if it is necessary to adjudicate conflicting facts or to simplify relevant issues.  Conferences may be held in person or by telephone.

6)         Within 28 calendar days after receipt of arguments, rebuttal argument, exhibits and a conference, if one is held, the Director shall render the decision and promptly notify the Department and the permittee in writing by certified mail of the decision.

A)        The decision will be based on the written arguments, rebuttal argument, the fact finding conference, and relevant exhibits.

B)        All ex parte communications with the Director pertaining to the review will be promptly summarized and communicated in writing to the opposing parties.

7)         Written arguments and written rebuttal arguments must contain proposed findings of fact and conclusions of law.

8)         If the permittee fails to submit a written argument or does not submit it within the 28 calendar day period, the resultant decision will be that the allegation or allegations as set forth in the Notice of Intent to Revoke Permit are true, correct, and proven.

9)         If the Department fails to submit a written argument or does not submit it within the 28 calendar day period, the resultant decision will be that the allegation or allegations as set forth in the Notice of Intent to Revoke Permit are unproven.

10)       If the permittee fails to submit a written rebuttal argument within the 14  calendar day period, the rebuttal argument will not be considered.

11)       The Director may extend deadlines prescribed in this Section upon a written request by either the permittee or the Department.

b)         Departmental Action Following Review

1)         If a sign has been found to be unlawful, the Department shall issue a "30 day letter" as provided in Section 522.140.

2)         If a sign has been found to be in compliance with this Part, the permit will be considered lawful.

3)         If the Director finds that insufficient information has been provided, he/she shall direct the parties to supply the needed information so that a decision can be rendered.

(Source:  Amended at 35 Ill. Reg. 8523, effective May 17, 2011)

Section 522.140  Issuance of the "30 Day Letter"

When the Department has found a sign to be unlawful as provided in Section 10 of the Act or Subpart C of this Part, the Department shall notify the permittee or sign owner by certified mail of the following:

a)         The sign must be removed or brought into compliance within thirty days from receipt of notice.

b)         After the thirty day period, the sign shall become the property of the Department if not removed or brought into compliance.

c)         The Department shall sell, by public sale, auction, or sealed bids; remove or paint over all unlawful signs which have not been removed or brought into compliance within the thirty day period or shall seek a court order to force abatement by the sign owner.

d)         The sign owner shall reimburse the Department for all costs incurred by the Department in selling, removing or painting over the sign.

Section 522.150  Signs that may not be Erected or Maintained

The following signs shall not be erected or maintained:

a)         Signs located within the right-of-way of an Interstate or primary highway or on any structure, wire, cable, or other device over or above an Interstate or primary highway right-of-way except the following:

1)         Signs designating the name of the railroad which owns the bridge.

2)         Signs designating the clearance provided (Section 9-112.1 and 9-112.2 of the Code) by the bridge.

3)         Public utility signs.

4)         Signs required by the Code.

5)         Signs required by the Illinois Vehicle Code [625 ILCS 5].

6)         Signs, displays and devices giving specific information in the interest of the traveling public erected and maintained by the Department or by the Illinois State Toll Highway Authority.

b)         Signs that attempt or appear to attempt to direct the movement of traffic or which contain wording, color or shape which is similar to official traffic control signs or other traffic control devices. (Section 9-112.2 of the Code)

c)         Signs that contain oscillating, rotating, flashing, intermittent or moving light or lights (Section 9-112.2 of the Code), except the following:

1)         Signs giving public service information including but not limited to time, weather, date and temperature (Section 6.02(a) of the Act) and multiple message signs with displays that change not more frequently than once every 10 seconds.

2)         Pole supported business or brand identification signs inside business areas with constant illumination and color and in which the only movement is a slow rotation of the entire body of the sign so as to be visible from all directions. (Section 9-112.2 of the Code)

3)         On premise signs which comply with Section 522.190(g).

d)         Signs that are erected, painted or drawn upon trees, rocks or other natural features. (Section 5 of the Act)

e)         Signs that are obsolete (i.e., advertises something that is no longer there), abandoned (i.e., where no message or display appears for one year, unless such display advertises the availability of the sign), or structurally unsafe or in disrepair (Section 5 of the Act), unless such structural conditions may be repaired in accordance with the provisions of the Act, and the sign owner agrees in writing to make the repairs within 30 days after receipt of the notice to remove.

f)         Signs that project beams or rays of light at the travelled way of a State highway or cause such beams or rays to create glare or to impair the vision of a driver of any motor vehicle. (Section 6.02(b) of the Act)

g)         Signs that are located within 1,000 feet of official traffic signs, signals, or devices and obscure or interfere with a driver's view of such sign, signal or device. (Section 6.03(a) of the Act)

h)         Signs that are located within 1,000 feet of approaching, merging or intersecting traffic and obscure or interfere with a driver's view of such traffic. (Section 6.03(a) of the Act)

i)          Signs that require a permit for erection or registration under this Part and for which no permit or registration has been issued.

j)          Signs that advertise activities that are illegal under Federal, State or local law in effect at the location of those signs or activities.

k)         Signs (other than multiple message signs) that contain any animated or moving parts. (Section 4.02(g) of the Act)

l)          Signs that violate airport hazard zoning regulations adopted by the Department pursuant to the Airport Zoning Act [620 ILCS 25].  (See Illustration J.)

m)        Signs erected adjacent to a scenic byway that is a primary or Interstate highway after August 2, 1996, except those signs described in Sections 4.01, 4.02, 4.03, 4.06 and 4.08 of the Act. (Section 5(d) of the Act)

n)         Registered non-conforming signs that are damaged, as defined in Section 522.20 (definition of Damaged Signs), unless maintained or repaired, as defined in Section 522.20 (definition of Erect).

(Source:  Amended at 35 Ill. Reg. 8523, effective May 17, 2011)

Section 522.160  Standards for Official Notices

In addition to the standards set forth in Section 522.150, the following standards apply to religious notices, service club notices, and public service signs.

a)         Service club and religious notices shall not exceed 8 square feet in area.

b)         Public service signs may be located only on school bus stop shelters that are authorized by and are located at places approved by city, county or State law, regulation or ordinance.  Only safety slogans or messages may be displayed on the sign and such slogans or messages shall occupy not less than 50 percent of the sign area.  The remaining 50 percent may contain only the identity of the donor, sponsor or contributor of the shelter.  Such signs may not exceed 32 square feet in area.  Not more than one sign on each shelter shall face in any one direction.

(Source:  Amended at 30 Ill. Reg. 15792, effective October 1, 2006)

Section 522.170  Standards for Directional Signs

In addition to the standards set forth in Section 522.150, the following standards shall apply to directional signs.

a)         To be eligible for determination, privately owned attractions or activities must be nationally or regionally known, and of outstanding interest to the traveling public.  The Department will make a determination of eligibility for each attraction or activity based on the information provided in the submission, including any licenses held.  In making this determination, the Department will avail itself of the experience and knowledge of selected groups in the specific type of attraction or activity being considered.  These groups shall include, but not be limited to, commissions, boards, other agencies and/or other State Departments.

b)         No such sign may be located within 2,000 feet of an interchange, or intersection at grade along an Interstate highway or expressway (measured from the nearest point of the beginning or ending of pavement widening at the exit from or entrance to the main traveled way).

c)         No such sign may be located within 2,000 feet of a rest area, parkland or scenic area.

d)         No two such signs facing the same direction of travel shall be spaced less than one mile apart.

e)         Not more than three such signs pertaining to the same activity and facing the same direction of travel may be erected along a single route approaching the activity.

f)         Such signs located along Interstate highways shall be within seventy-five air miles of the activity.

g)         Such signs located along primary highways shall be within fifty air miles of the activity.

h)         The message on such signs shall be limited to the identification of the attraction or activity and directional information useful to the traveler in locating the attraction, such as mileage, route numbers, or exit numbers.  Descriptive words or phrases, and pictorial or photographic representations of the activity or its environs are prohibited.

i)          No such sign shall exceed the following limits:

1)         Maximum area – one hundred fifty square feet

2)         Maximum height – twenty feet

3)         Maximum length – twenty feet

j)          All dimensions include border and trim, but exclude supports.

Section 522.175  Standards for Official Signs

No standards other than those set forth in Section 522.150 of this Part shall apply to official signs.

(Source:  Added at 30 Ill. Reg. 15792, effective October 1, 2006)

Section 522.180  Standards for Signs Advertising the Sale or Lease of Property on which they are Located

In addition to the standards set forth in Section 522.150, the following standards apply to signs advertising the sale or lease of property on which they are located along interstate highways outside business areas:

a)         There may not be more than one such sign designed to attract traffic on the highway proceeding in any one direction.

b)         Such signs may not exceed twenty feet in length, width or height or one hundred fifty square feet (Section 4.02(a) and (b) of the Act) in area, including border and trim, but excluding supports.

Section 522.190  Standards for On Premise Signs

In addition to the standards set forth in Section 522.150, the following standards shall apply to on premise signs located along Interstate highways outside business areas.

a)         There may not be more than one such sign located more than 50 feet from the advertised activity designed to attract traffic proceeding in any one direction. (Section 4.03(a) of the Act)

b)         No such sign visible to traffic and located more than 50 feet from the advertised activity which displays any trade name referring to or identifying any service rendered or product sold, used or otherwise handled, may be permitted unless the name of the advertised activity is displayed as conspicuously as such trade name.  This restriction does not apply if the trade name identifies or characterizes places for lodging, eating, telephone facilities, vehicle service and repair, or identifies vehicle equipment, parts, accessories, fuels, oils or lubricants being offered for sale at such places. (Section 4.03(b) of the Act)

c)         No such sign which is located more than 50 feet from the activities conducted upon the property where the sign is located may exceed 20 in length, width or height or 150 square feet in area, including border and trim, but excluding supports. (Sections 4.03(b) and (c) of the Act)

d)         No such sign shall be erected or maintained by a lessee on property that is not being leased for lessee's advertised activity.

e)         Such signs may be erected and maintained by persons who operate the business which is advertised on property contiguous with the property where the advertised activity is located as long as the parcels of land where the sign and business are located are owned by the same entity or person.

f)         No such sign will be considered part of or contiguous with the premises on which the advertised activity is conducted if its location, configuration, use or purpose indicates an attempt to circumvent the intent of the Act.  Some examples of attempts to circumvent the intent of the Act include but are not limited to erecting signs on easements or narrow strips of land.

g)         No such sign may be erected or maintained which contains, includes, or is illuminated by any flashing, intermittent or moving light or lights except those which may be changed at reasonable intervals (see Section 522.20, "Multiple Message Sign") by electronic process or by remote control as long as these do not interfere with the effectiveness of an official traffic control device. (Section 4.03(e) of the Act)

(Source:  Amended at 30 Ill. Reg. 15792, effective October 1, 2006)

Section 522.200  Standards for Signs in Business Areas

In addition to the standards set forth in Section 522.150, the following standards are applicable to signs in business areas:

a)         No such sign may be erected which exceeds 30 feet in height, 60 feet in length, and 1200 square feet in display area on each side including border and trim but excluding ornamental base or apron, supports and other structural members, measured by the smallest square, rectangle, triangle, circle, or combination thereof which will encompass the entire display area.  (Section 6.01 of the Act)  No temporary extensions, cut-outs or ornamentation is allowed which enlarges a sign beyond 1200 square feet as measured herein.  Except with respect to repair, rebuilding, or replacement of any sign lawfully erected before July 1, 1993, no such sign may be erected in any county with a population under 2,000,000 that exceeds 800 square feet in surface area per side excluding extensions and cut-outs.  The extensions and cut-outs may account for no more than an additional 20% in sign surface area per side.  (Section 6.01 of the Highway Advertising Control Act of 1971 [225 ILCS 440/6.01])

b)         No more than two such signs may be erected in a facing with such facing not to exceed the size limitation stated in subsection (a) above.

c)         Such signs may be double faced or placed back to back or constructed in a V-type as long as the angle created is less than ninety degrees. (Section 6.01 of the Act)

d)         No such sign may be erected along the same side of an interstate highway or expressway within five hundred feet of another such sign structure or location where another such sign has been permitted but not yet erected.

e)         Except with respect to repair, rebuilding, or replacement of any sign lawfully erected before July 1, 1993 (Section 6.03 of the Act)  when located outside of any incorporated municipality, no such sign may be erected along the same side of a primary highway within 500 feet of another such sign structure or a location where another such sign has been permitted but not yet erected.

f)         Except with respect to repair, rebuilding, or replacement of any sign lawfully erected before July 1, 1993 (Section 6.03 of the Act), when located inside of any incorporated municipality, no such sign may be erected along the same side of a primary highway within 300 feet of another such sign structure or a location where another such sign has been permitted but not yet erected.

g)         The spacing requirements described in subsections (d), (e) and (f) above shall not apply to signs where the sign structures are completely separated or screened by buildings, natural surroundings or other obstructions in such manner that only one such sign facing located within such distance is visible at any one time. (Section 6.03(b) of the Act)  A sign structure cannot be construed as an obstruction of a sign.

h)         The spacing requirements described in subsections (d), (e) and (f) above shall be measured along the edge of the pavement of the highway between the points of each sign structure which lie closest to the highway pavement but in no event shall the distance between signs be less than the required spacing. (See Section 522.Illustrations D-G.) Signs visible from two or more highways must be considered in spacing measurements along all such highways.  Any sign which has received a permit or a registration shall be included in spacing measurements whether or not the permit or registration has been revoked as long as the sign is visible from any place on the main traveled way of the highway.  When measuring spacing between signs involving back-to-back or V-type sign structures and all points equidistant between the sign faces are on a line perpendicular to the edge of pavement, the measurement between such sign structures will be taken along the edge of pavement as shown in Section 522.Illustrations K and L.  If the measurements cannot conform to those shown in Section 522.Illustrations K and L, the measurements for signs involving back-to-back or V-type sign structures shall be made between the points of each sign structure which lie closest to the highway pavement.

i)          Outside of an incorporated municipality, no sign structure may be erected along an interstate highway or expressway adjacent to or within 500 feet of an interchange, rest area or weigh station, such 500 feet to be measured along the main traveled way from the beginning or ending of pavement widening at the exit from or entrance to the main traveled way. (Section 6.03(c) of the Act) (See Section 522.Illustration C.)

j)          The requirements of this Section shall not be construed to apply to or to impose additional limitations on directional signs, official signs, official notices, public utility signs, signs advertising the sale or lease of property on which they are located, or on premise signs nor shall such signs be counted nor shall measurements be made from them for purposes of determining compliance with (Section 6.04 of the Act) subsections (d), (e) and (f) above.

(Source:  Amended at 22 Ill. Reg. 7262, effective April 9, 1998)

Section 522.210  Standards for Signs Providing Information Relative to Lodging, Food, Outdoor Recreational Facilities or Automotive Service Facilities

In addition to the standards set forth in Sections 522.150 and 522.200, the following standards apply to signs providing information relative to lodging, food, outdoor recreational facilities or automotive service facilities (Section 4.07 of the Act).

a)         Such signs may be erected and maintained within six hundred sixty feet from the edge of the highway right-of-way within twelve air miles (Section 4.07 of the Act) from the advertised activity in the following areas:

1)         In business areas.

2)         Along interstate highways in areas which at any time are zoned for commercial or industrial activities.

3)         Along interstate highways in unzoned commercial or industrial areas.

b)         No such sign shall be erected or maintained within two miles approaching or within 1000 feet beyond an interchange.  (Such distances shall be measured along the main traveled way from the beginning or ending of pavement widening at the exit from or entrance to the main traveled way.)

c)         Only six such signs may be erected or maintained within two to five miles approaching an interchange.  (Such distances shall be measured along the main traveled way from the beginning or ending of pavement widening at the exit from or entrance to the main traveled way.)

d)         An average of only one such sign per mile may be erected or maintained more than five miles approaching an interchange.  (Such distances shall be measured along the main traveled way from the beginning or ending of pavement widening at the exit from or entrance to the main traveled way.)

e)         Not more than two such signs will be permitted within any mile distance measured from any point, and no such signs will be permitted to be less than 1000 feet apart (Section 4.07(a)-(f) of the Act).

f)         No such sign may exceed twenty feet in length, width or height or one hundred fifty square feet in area, including border and trim, but excluding supports (Section 4.03(c) of the Act).

g)         There may not be more than one such sign designed to attract traffic on an interstate highway proceeding in any one direction (Section 4.03(a) of the Act).

h)         The limitations contained in subsections (b),(c),(d),(e) and (g) above shall be applied against signs based on the direction of travel they are intended to face.

(Source:  Amended at 17 Ill. Reg. 7258, effective May 7, 1993)

Section 522.220  Department Notification

The following types of signs do not require a permit for erection or a registration.  However, the sign owner shall notify the appropriate Department Office in writing of the exact sign location, type of sign and size prior to erection.

a)         Directional signs which comply with the standards set forth in Section 522.170.

b)         Official notices which comply with the standards set forth in Section 522.160.

c)         Public Utility signs.

d)         Official signs.

(Source:  Amended at 35 Ill. Reg. 8523, effective May 17, 2011)

Section 522.230  Multiple Signs

Multiple sign structures shall be considered as one sign for spacing purposes if the sign structures are physically contiguous or connected by the same structure or cross bracing or located not more than 15 feet apart at their nearest point in the case of back-to-back or "V" type signs.

Section 522.240  Signs Facing Two or More Highways

When a sign is erected which is visible from two or more highways, one or more of which is an interstate or primary highway, the more stringent of applicable control requirements shall apply (see Illustration I).

Section 522.ILLUSTRATION A   Expressway

Section 522.ILLUSTRATION B   Unzoned Commercial or Industrial Area

Section 522.ILLUSTRATION C   Interchange Spacing

Section 522.ILLUSTRATION D   Spacing Measurement Along Pavement

Section 522.ILLUSTRATION E   Spacing Measurement At Right Angle

Section 522.ILLUSTRATION F   Spacing Measurement On Same Line

Section 522.ILLUSTRATION G   Spacing Measurement Along Curves

Section 522.ILLUSTRATION H    Map of Highway Districts (Repealed)

(Source:  Repealed at 30 Ill. Reg. 15792, effective October 1, 2006)

Section 522.ILLUSTRATION I   Control Along Intersecting Highways

Section 522.ILLUSTRATION J   Public Airports

 (Source:  Added at 17 Ill. Reg. 7258, effective May 7, 1993)

Section 522.ILLUSTRATION K   Spacing Measurement Monopole Back-to-Back V-Type

(Source:  Added at 22 Ill. Reg. 7262, effective April 9, 1998)

Section 522.ILLUSTRATION L   Spacing Measurement Standard Back-to-Back V-Type

(Source:  Added at 22 Ill. Reg. 7262, effective April 9, 1998)

Section 522.ILLUSTRATION M   Department Offices and Counties

(Source:  Amended at 35 Ill. Reg. 8523, effective May 17, 2011)