605 ILCS 5/ Illinois Highway Code.

(605 ILCS 5/Art. 7 heading) ARTICLE 7. MUNICIPAL ADMINISTRATION OF STREETS

(605 ILCS 5/Art. 7 Div. 1 heading) DIVISION 1. GENERAL POWERS

(605 ILCS 5/7-101) (from Ch. 121, par. 7-101)

Sec. 7-101. Streets and alleys, including bridges and other structures, which are or will become part of the municipal street system may be laid out, established, constructed, reconstructed, altered, widened, relocated, improved, maintained, repaired and vacated by the respective municipalities in the manner provided in the Illinois Municipal Code, as heretofore or hereafter amended; provided that the Department and counties may locate and extend State and county highways into or through a municipality in the manner provided in this Code. In addition to the powers granted to municipalities by the Illinois Municipal Code, municipalities have powers granted and duties imposed by this Code.

A municipality shall not construct, reconstruct, improve, widen, relocate, repair, alter, or maintain a highway, road, street, alley, bridge, culvert, drainage structure, sidewalk, bicycle path, parking lot, driveway, or any other transportation-related facility that is outside of its county's boundaries unless such construction, reconstruction, improvement, widening, relocation, repair, alteration, or maintenance is part of the municipal street system, in an adjacent municipality, or provided as necessary relief services following the occurrence of a disaster as defined by the Illinois Emergency Management Agency Act.

As used in this Section, "maintain" or "maintenance" does not include mowing, gravel reclamation, snow removal or the application of salt, sand, or any other substance applied for the purpose of improving the safety of vehicular or pedestrian traffic in response to the presence or prediction of ice or snow.

(Source: P.A. 103-373, eff. 1-1-24.)

(605 ILCS 5/Art. 7 Div. 2 heading) DIVISION 2. USE OF MOTOR FUEL TAX FUNDS

(605 ILCS 5/7-202) (from Ch. 121, par. 7-202)

Sec. 7-202. Motor fuel tax funds allotted to the several municipalities shall be used for one or more of the purposes stated in Sections 7-202.1 through 7-202.22.

(Source: P.A. 85-1010.)

(605 ILCS 5/7-202.1) (from Ch. 121, par. 7-202.1)

Sec. 7-202.1. The construction and maintenance of State highways in the municipality, or the maintenance of federal secondary highways.

(Source: Laws 1959, p. 196.)

(605 ILCS 5/7-202.1a) (from Ch. 121, par. 7-202.1a)

Sec. 7-202.1a. The construction and maintenance of county highways and county highway extensions in the municipality.

(Source: Laws 1965, p. 427.)

(605 ILCS 5/7-202.1b) (from Ch. 121, par. 7-202.1b)

Sec. 7-202.1b. Construction and maintenance of any municipal street designated as a part of the federal aid primary, or the federal aid urban system of streets within the municipality.

(Source: P.A. 85-1010.)

(605 ILCS 5/7-202.1c) (from Ch. 121, par. 7-202.1c)

Sec. 7-202.1c. Twenty-five percent of all funds received pursuant to the Motor Fuel Tax Law by municipalities over 500,000 population shall be expended only for the reconstruction, maintenance, repair or improvement of non-arterial residential streets.

(Source: P.A. 83-1363.)

(605 ILCS 5/7-202.2) (from Ch. 121, par. 7-202.2)

Sec. 7-202.2. The construction and maintenance of municipal streets and alleys as may be designated by the corporate authorities and approved by the Department.

(Source: P.A. 78-1274.)

(605 ILCS 5/7-202.3) (from Ch. 121, par. 7-202.3)

Sec. 7-202.3. The construction and maintenance of extensions of municipal streets outside the corporate limits of the municipality, including parts of such streets that extend into another municipality if such construction and maintenance is done pursuant to an agreement between the municipalities.

(Source: P.A. 78-1252; 78-1274.)

(605 ILCS 5/7-202.4) (from Ch. 121, par. 7-202.4)

Sec. 7-202.4. The construction and maintenance of extensions of municipal streets within the corporate limits of any park district whose territorial limits are coterminous with the territorial limits of the municipality.

(Source: P.A. 76-371.)

(605 ILCS 5/7-202.5) (from Ch. 121, par. 7-202.5)

Sec. 7-202.5. The construction or maintenance, or both, on municipal streets on which such construction is authorized by law, of:

(a) Official traffic control signals, or

(b) Permanently mounted school crossing signals meeting the warrants and conforming to the specifications contained in the Manual authorized by Section 11-301 of The Illinois Vehicle Code.

(Source: P.A. 76-2257.)

(605 ILCS 5/7-202.6) (from Ch. 121, par. 7-202.6)

Sec. 7-202.6. The construction, reconstruction, maintenance and operation of street lighting systems on improved municipal streets, county highways or State highways and streets or thoroughfares constructed and paid for by special assessments levied under Division 2 of Article 9 of the Illinois Municipal Code, as heretofore or hereafter amended, within the municipality, where such improvement has been authorized by the Department.

(Source: P.A. 79-418.)

(605 ILCS 5/7-202.7) (from Ch. 121, par. 7-202.7)

Sec. 7-202.7. Construction or maintenance of storm sewers-Municipal streets-County highways-State highways.) The construction or maintenance of storm sewers and appurtenances thereto, or combination storm and sanitary sewers and appurtenances thereto where legally authorized, on municipal streets, county highways or State highways, within the municipality or outside the municipality to the nearest suitable drainage course.

(Source: P.A. 79-539.)

(605 ILCS 5/7-202.8) (from Ch. 121, par. 7-202.8)

Sec. 7-202.8. The construction, reconstruction and maintenance of pedestrian subways or over head crossings under or over municipal streets, county highways or State highways in the municipality; provided the Department finds that traffic conditions warrant such construction, reconstruction or maintenance.

(Source: P.A. 76-371.)

(605 ILCS 5/7-202.10) (from Ch. 121, par. 7-202.10)

Sec. 7-202.10. The payment of the municipality's share, not to exceed 50%, of the cost of any federal aid transportation project either now existing or hereafter established within the corporate limits of the municipality, which payments shall be used to match funds allotted to the State for the construction of those federal aid transportation projects.

(Source: P.A. 88-580, eff. 1-1-95.)

(605 ILCS 5/7-202.11) (from Ch. 121, par. 7-202.11)

Sec. 7-202.11. The payment for investigations requisite to determine the reasonably anticipated need for any of the work described in this Division. Such investigations may include, but shall not be limited to, the making of traffic surveys, the study of transportation facilities, research concerning the development of the several areas within the municipality and contiguous territory as affected by growth and changes in population and economic activity and the collection and review of data relating to all factors affecting the judicious planning of construction, reconstruction, improvement and maintenance of highways. The investigations for which any such payments are made may also be conducted in cooperation with other municipalities, counties, the State of Illinois, the United States, other states of the United States, agencies of any such governments or other persons in pursuance of agreements to share the costs thereof and authority to enter into such agreements is hereby conferred upon municipalities.

(Source: Laws 1959, p. 196.)

(605 ILCS 5/7-202.12) (from Ch. 121, par. 7-202.12)

Sec. 7-202.12. The payment of engineering costs in connection with all work described in this Division of this Code. The municipality may contract for such services with any Professional Engineer.

(Source: P.A. 77-1371.)

(605 ILCS 5/7-202.13) (from Ch. 121, par. 7-202.13)

Sec. 7-202.13. The payment of any municipal indebtedness which has been or may be incurred in the completion of any improvement or maintenance described in this Division, or in the payment of engineering costs in connection therewith.

(Source: Laws 1959, p. 196.)

(605 ILCS 5/7-202.14) (from Ch. 121, par. 7-202.14)

Sec. 7-202.14. Any municipality may by ordinance of the corporate authorities turn over a portion of its allotment to:

(a) a local Mass Transit District if the municipality created such a District pursuant to the "Local Mass Transit District Act", approved July 21, 1959, as now or hereafter amended;

(b) a local Transit Commission if the municipality established such commission pursuant to Section 14-101 of The Public Utilities Act; or

(c) the Chicago Transit Authority established pursuant to the "Metropolitan Transit Authority Act", approved April 12, 1945, as now or hereafter amended.

(Source: P.A. 85-1209.)

(605 ILCS 5/7-202.15) (from Ch. 121, par. 7-202.15)

Sec. 7-202.15. The construction, maintenance, or repair of sidewalks or other pedestrian paths located within the right of way of any street in the municipality.

(Source: P.A. 88-580, eff. 1-1-95.)

(605 ILCS 5/7-202.16) (from Ch. 121, par. 7-202.16)

Sec. 7-202.16. The payment for engineering studies for and studies to determine the feasibility of constructing a toll bridge to cross a river within this State or forming a border between this and another State. If bonds are issued for construction of such a toll bridge, however, the proceeds from the sale of those bonds shall first be applied to return to the motor fuel tax funds the amount of the payment made under this Section.

(Source: Laws 1967, p. 393.)

(605 ILCS 5/7-202.17) (from Ch. 121, par. 7-202.17)

Sec. 7-202.17. Any municipality may also by ordinance use motor fuel tax funds to acquire property for the purpose of providing off street parking and to construct and maintain such parking areas. Any revenue derived from the use of those parking lots shall, however, be used to maintain those lots before motor fuel tax funds may be used for such maintenance. Any surplus funds received from parking lots may also be used to acquire, construct and maintain additional parking areas as needed. Surplus funds not needed for these purposes shall be used to reimburse the motor fuel tax account for funds originally advanced.

(Source: Laws 1968, p. 408.)

(605 ILCS 5/7-202.18) (from Ch. 121, par. 7-202.18)

Sec. 7-202.18. The payment of the principal and interest on bonds issued for construction or improvement of highways within the municipality.

(Source: P.A. 78-255.)

(605 ILCS 5/7-202.19) (from Ch. 121, par. 7-202.19)

Sec. 7-202.19. Any municipality may also by ordinance use motor fuel tax funds for operation and maintenance of motor vehicle safety inspection lanes, when such lanes are of a permanent nature and in operation on a regular basis throughout the year.

(Source: P.A. 76-2258.)

(605 ILCS 5/7-202.20) (from Ch. 121, par. 7-202.20)

Sec. 7-202.20. Any municipality may also by ordinance use motor fuel tax funds to place, erect, and maintain signs or surface markings or both to indicate officially designated bicycle routes along streets within the municipality. In addition, a municipality may use motor fuel tax funds for the construction and maintenance of bicycle paths, lanes, or bicycle parking facilities within the municipality.

(Source: P.A. 88-580, eff. 1-1-95.)

(605 ILCS 5/7-202.21) (from Ch. 121, par. 7-202.21)

Sec. 7-202.21. The construction and maintenance of grade separations and approaches thereto which replace or avoid grade crossings at intersections of municipal streets and railroad tracks.

(Source: P.A. 77-1849.)

(605 ILCS 5/7-202.21a) (from Ch. 121, par. 7-202.21a)

Sec. 7-202.21a. The formula allocation for municipalities for the distribution of motor fuel tax funds, provided for in Section 8 in the "Motor Fuel Tax Law", may be used by the municipal authority for the maintenance or improvement of nondedicated subdivision roads established prior to July 23, 1959. Any such improved road becomes, by operation of law, a part of the municipal street system of such municipality. The municipal authority shall condition its approval, as required by this Section, upon proportional matching contributions, whether in cash, kind, services or otherwise, by property owners in the subdivision where such a road is situated. No more than the amount of the increase in allocation of such funds allocated under the formula as provided in Section 8 in the "Motor Fuel Tax Law" which is attributable to this amendatory Act and any subsequent amendatory Act and subsequently approved as provided in this Section may be expended on eligible nondedicated subdivision roads.

(Source: P.A. 86-447.)

(605 ILCS 5/7-202.22) (from Ch. 121, par. 7-202.22)

Sec. 7-202.22. If the formula for the distribution of motor fuel tax funds, provided for in Section 8 of the "Motor Fuel Tax Law", approved March 25, 1929, as amended, is changed from that in effect on January 1, 1974, so that the percentage allocated for use in municipalities is increased, the amount of any such increase received by a municipality having 500,000 or more inhabitants shall be expended only for the construction, reconstruction, or improvement of unimproved or partially improved nonarterial residential streets.

(Source: P.A. 78-1252)

(605 ILCS 5/7-203) (from Ch. 121, par. 7-203)

Sec. 7-203. The corporate authorities of the municipality shall from time to time pass ordinances or resolutions stating specifically the purpose or purposes for which motor fuel tax funds shall be used and such ordinances or resolutions shall be subject to the approval of the Department.

In case motor fuel tax funds are to be used for construction, the ordinance or resolution shall specify the location, type or types, length and width of the proposed construction and the portion of the construction for which these funds are to be used, which portion, subject to the approval of the Department, may be part or all as the municipality may elect. Such construction shall be either with or without continuous grade separation, and of such type and not to exceed such width as is required, in the judgment of the municipality and the Department, to care for traffic and parking needs. When the ordinance or resolution has been approved by the Department, the municipality may cause surveys, plans, specifications and estimates of such construction to be made and submitted to the Department for approval.

Whenever the corporate authorities or a municipality determine that any construction consisting of paving, repaving, altering, opening, widening or otherwise improving any such streets or State highways shall be performed and that a portion of the cost thereof shall be raised by the assessment of property specially benefited, the construction shall be performed pursuant to Division 2 of Article 9 of the Illinois Municipal Code, as now or hereafter amended; provided that, as between 2 State highway projects or between 2 municipal street projects or between any other 2 projects of the same designation, so far as practicable, priority in the allocation of motor fuel tax funds received from the State shall be given the project for which a portion of the cost is to be raised by assessment of property specially benefited.

The municipality may advertise for bids and let contracts for all construction to the lowest responsible bidder; or, with the approval of the Department, may do the work itself through its officers, agents and employees. No contract shall be let without the approval of the Department, nor shall bids be advertised for until the surveys, plans, specifications and estimates have been approved by the Department. All work shall be performed in accordance with the approved ordinances or resolutions, plans, specifications, and contracts, as the case may be, and the Department shall inspect the work to such degree as may be necessary to insure compliance with this provision.

(Source: P.A. 77-1371.)

(605 ILCS 5/7-203.1) (from Ch. 121, par. 7-203.1)

Sec. 7-203.1. The corporate authorities of the municipality may adopt ordinances or resolutions outlining a motor fuel tax highway program for the ensuing year which shall include all proposed uses of motor fuel tax funds by the municipality for the purposes permitted in Section 7-202, in a format established by the Department in cooperation with the municipalities.

The program shall be submitted by the municipality to the Department. The uses of motor fuel tax funds as listed in the program are subject to the approval of the Department. The program may be amended from time to time by the corporate authorities of the municipality by ordinance or resolution which shall be submitted to the Department.

The municipality, with the approval of the Department, may do the work itself through its officers, agents, and employees. No advertisement to receive construction contract bids shall be made until surveys, plans, and estimates have been approved by the Department except as provided in Section 7-203.2.

Whenever the corporate authorities of a municipality determine that any construction consisting of paving, repaving, altering, opening, widening or otherwise improving any such streets or State highways shall be performed and that a portion of the cost thereof shall be raised by the assessment of property specially benefited, the construction shall be performed pursuant to Division 2 of Article 9 of the Illinois Municipal Code, as now or hereafter amended. However, as between 2 State highway projects or between 2 municipal street projects or between any other 2 projects of the same designation, so far as practicable, priority in the allocation of motor fuel tax funds received from the State shall be given the project for which a portion of the cost is to be raised by assessment of property specially benefited.

(Source: P.A. 77-1371.)

(605 ILCS 5/7-203.2) (from Ch. 121, par. 7-203.2)

Sec. 7-203.2. The municipality shall also have the authority upon the Department satisfying itself that (1) the municipality has complied with the requirements of Section 7-301, and (2) has appointed a full time city or public engineer and (3) that the city or public engineer's office in the municipality is adequately organized, staffed, equipped and financed to discharge satisfactorily the duties and requirements of this Section to construct and maintain streets or highways or sections of highways when such projects are financed, in whole or in part, with any motor fuel tax street or road funds received from the State except Federal-aid funds, without the approval and supervision of the Department, provided the municipality enters into an agreement of understanding with the Department. The Department, in cooperation with the municipality, shall establish the terms of the agreement of understanding to assure that the funds are expended within the intent of the law and under the rules and regulations deemed necessary by the Department. The approval and supervision of the Department may be required anew if the Department deems that the municipality, which was exempted from such supervision and approval, has not satisfactorily complied with the terms of the agreement of understanding.

(Source: P.A. 77-1371.)

(605 ILCS 5/7-204) (from Ch. 121, par. 7-204)

Sec. 7-204. Payment of motor fuel tax funds by the Department of Transportation to the municipality for the purposes stated in Sections 7-202.1 through 7-202.22 shall be made as soon as possible after the allotment is made. Such money shall be utilized by the municipality in accordance with the needs of the municipality in a manner satisfactory to the Department.

However, if any municipality, after having been given reasonable notice by the Department fails to expend motor fuel tax funds in a manner satisfactory to the Department or fails to have construction contracts approved by the Department, no further payment of motor fuel tax funds shall be made to such municipality for construction or maintenance purposes until it corrects its unsatisfactory use of motor fuel tax funds or secures approval of construction contracts by the Department.

(Source: P.A. 85-1010.)

(605 ILCS 5/Art. 7 Div. 3 heading) DIVISION 3. PLANNING AND PROGRAMMING

(605 ILCS 5/7-301) (from Ch. 121, par. 7-301)

Sec. 7-301. In order to properly plan the utilization of motor fuel tax funds each municipality of over 5,000 population, but less than 1,000,000 population, shall be required to develop and update a long-range highway transportation plan for a period not to exceed 20 years. The plan shall contain an estimate of revenues which will become available during that period and a statement of intention with respect to the construction, maintenance, and other related work to be done insofar as it is possible to make such estimates. In addition, the long-range plan shall show the location of existing municipal streets and the general corridors of future highways, the projected future traffic usage on each street for the duration of the plan, a tabulation showing the design standards and the geometric features associated with different levels of traffic usage, and a listing of the major improvements anticipated with the plan. A copy of the plan shall be made publicly available. The initial plan shall be on file with the designated agencies by July 1, 1971 and shall be updated and made publicly available on an annual basis thereafter.

(Source: P.A. 100-476, eff. 6-1-18.)