Ill. Admin. Code tit. 92, § 530.10 - Purpose

a) The purpose of this Part is to establish policies and procedures for accommodating utilities on right-of-way of the Illinois State Highway System, which will provide public benefit consistent with the preservation of the integrity, safe usage, and visual qualities of the State Highway System.

b) A decision regarding the accommodation of a utility at a particular location should be made consistent with sound engineering practices.

c) The Department's determination would include an evaluation of the direct and indirect environmental and economic effects of any loss of productive agricultural land which would result from the disapproval of the use of the right-of-way of a highway for the accommodation of such utility. Thus, while this Part provides standards for accommodating utilities on right-of-way of the Illinois State Highway System, under the jurisdiction of the Department, this Part is not a substitute for sound engineering judgment (See Section 530.30, "Sound Engineering Judgment").

d) Because it is impossible to anticipate all future highway needs or proposals, the Department reserves the right to deny an application or to deviate from the standards of this Part if sound engineering reasons dictate such action.

e) This Part applies to all utility facilities on public highway right-of-way in which the Department has an interest, whether those facilities are permitted or not and whether those facilities were in place before or after the promulgation of this Part.

f) This Part supersedes the Department's Policy on the Accommodation of Utilities on Right-of-way of the Illinois State Highway System issued May, 1979 and all prior issues.

Notes

Ill. Admin. Code tit. 92, § 530.10