Jurisdiction and/or Maintenance
Boundaries of State Highways

By JOHN McCREE
Illinois Department of Transportation

There have always been questions regarding the limits of maintenance responsibilities when a transfer of jurisdiction and/or maintenance takes place on a State highway within a municipality. In a Department manual entitled "Jurisdictional Transfer Guidelines for Highway and Street Systems", jurisdiction is defined as "The authority and obligation to administer, control, construct, maintain and operate a highway subject to the provisions of the "Illinois Highway Code". Chapter 121, Section 2-214 of the Illinois Statutes defines Maintenance as "The performance of all things necessary to keep a highway in serviceable condition for vehicular traffic". Additionally, we define the limits of jurisdiction and/or maintenance of a highway by its Right-of-Way (Chapter 121, Section 2-217), which is "The land, or interest, acquired for or devoted to a highway".

When a highway authority has jurisdiction over a highway or street, it has all of the obligations covered in the definition. The transfer of total jurisdiction or any obligation(s) included in jurisdiction is allowed, as provided by Chapter 121, Section 4-409 of the Illinois Statutes which reads:

"The Department may enter into a written contract with any highway authority for the jurisdiction, maintenance, administration, engineering or improvement of any highway or portion thereof. The Department may also, upon application of any highway authority, authorize the highway authority to enter into a written contract with any other highway authority for the jurisdiction, maintenance, administration, engineering or improvements of any highway or portion thereof."

On streets that are part of the State highway system, the State accepts responsibility for the traffic lanes (including left and right turn lanes), median area if provided, and curb and gutter adjacent to the street. The municipality is normally responsible for maintenance of the parking lanes as well as the curb and gutter adjacent to the parking lanes. Sidewalks and street lighting systems (including energy costs) and storm sewer systems are normally municipal responsibilities. Where traffic lanes in excess of those necessary to handle State (through) traffic are located on a street, the municipality normally is responsible for those lanes as well as curb and gutter adjacent to those lanes.

The State will generally have jurisdiction and maintenance responsibilities for bridges located on streets which carry only State (through) traffic lanes. Whenever bridges located on municipal streets provide features in addition to those necessary for through traffic, a joint agreement is developed between the Department and the municipality which clearly describes the Jurisdictional and maintenance obligations of the State and the municipality. The bridge maintenance provisions of such written agreements should be in conformance with the street maintenance policies stated above.

Chapter 121, Section 4-203 of the Illinois Statutes provides the Department an additional way of taking over streets from local agencies for State Highway purposes. Although this section of the law is seldom used, it is available and appropriate. This Statute requires the Department of Transportation to notify the proper local officials of its intentions in writing. The Department may also agree to take over jurisdiction of a portion of a street which it constructs to serve State traffic or a part which the State takes over from the municipality.

This procedure may also be reversed. Chapter 121, Section 4-206 of the Illinois Statutes (Relocation of extensions through municipalities — Subways) states: "When advisable to serve traffic needs, any State highway route in or through a municipality and the jurisdiction, maintenance and control of the streets upon the abandoned route shall be assumed by the city, town, village, park district or other municipal corporation". This section continues to say "no State Highway route shall be relocated except to better serve traffic demands and the route abandoned must be left in reasonable condition for traffic".

As you can see, a good maintenance agreement between Highway Authorities is a "Must" when changing Jurisdictional responsibilities over a street or highway. Knowing your maintenance requirements on a street or portion thereof can save you money.

If you have any questions regarding maintenance of highways, please contact your District Engineer or this office for assistance. •

Credits to: Ronald I. Levine, Highway Systems Unit Chief, Bureau of Local Roads and Streets, and Joe Hill, Resource Management Engineer, Bureau of Maintenance

Page 4 / Illinois Municipal Review / December 1986