New Local Permit Requirements By WILLIAM T. SUNLEY, Engineer of Local Roads and Streets Illinois Department of Transportation

Public Act 86-616, passed in the 1989 Session of the 86th General Assembly, adds two new paragraphs (9-115.1) to the Illinois Highway Code. These new paragraphs became law on January 1, 1990 and read as follows:

"It is unlawful for any person to construct or cause to be constructed any drainage facility for the purpose of the detention or retention of water within a distance of 10 feet plus one and one-half times the depth of any drainage facility adjacent to the right-of-way of any public highway without the written permission of the highway authority having jurisdiction over the public highway."

"It is unlawful for any person to construct or cause to be constructed any earthen berm such that the toe of such berm will be nearer than 10 feet to the right-of-way of any public highway without the written permission of the highway authority having jurisdiction over the public highway."

The purpose of this law is to enable a highway authority, be it township, county, city or state, to establish a permit system to ensure that highway safety and future highway needs are considered before a pond or earth berm is constructed in close proximity to a street or highway. The law is permissive in that it does not establish nor require criteria under which a permit may be granted. This decision is left to the highway authority.

We recommend that local agencies establish a procedure for handling requests under this law in order that applicants receive consistent and fair treatment. An important part of the procedure will be the criteria to be used in determining if a permit should be granted.

As mentioned earlier, safety and future highway needs should be the primary consideration. Standing water or an earth berm located too close to the highway may pose a threat to the safety of motorists. Thus, the criteria may include a reasonable setback or other means of protecting traffic.

In the case of future highway needs, a long range plan would be useful. If a long range plan is not available, a minimum future right-of-way allowance may be a reasonable approach.

Whatever the procedure used, it should provide developers and the agency with an effective means for complying with the law. •

Page 18 / Illinois Municipal Review / February 1990