AUTHORITY: Implementing and authorized by Sections 4-210, 4-211, and 4-212 of the Illinois Highway Code (Ill. Rev. Stat. 1981, ch. 121, pars. 4-210, 4-211, and 4-212).
SOURCE: Amended August 27, 1974; codified at 8 Ill. Reg. 5702.
Section 550.10 General Instructions for Securing a Permit For Access Driveways to State Highways
a) A permit is required for the construction of any new access driveway or the revision of any existing driveway within the right-of-way along a State highway when the work is to be done by any person or agency other than the Department of Transportation. This permit is generally issued by the appropriate Regional or District Office of the Department of Transportation. In some cases where the curbing along a State highway is maintained by a municipality, permits for driveway work may be issued by that municipality with the State's concurrence. The Regional/District Offices will advise an applicant of the appropriate issuing authority. In all cases where the driveway is to a State highway, final jurisdiction concerning the permit will remain with the Department. Illustration A lists the addresses of the Regional and District Offices and the map indicates the jurisdictional boundaries of those offices.
b) A driveway constructed under a permit must be done by or for the property owner at his expense. Where a commercial driveway requires additions to the highway facility, these must also be done at the owner's expense. Existing driveways may be altered by the Department, at its expense, when reconstruction or changing conditions warrant.
c) Public road or street entrances to a State highway constructed by or for a local governmental agency do not normally require an access permit since they are generally Motor Fuel Tax (MFT) projects which the Department has an opportunity to review and which adequately bond the contractor. Proposed street entrances constructed with other than MFT funds or by a subdivider, however, must be authorized by permit. It is preferable to issue the permit to the local governmental agency, but it can be issued to the subdivision owner. The design of such a facility will need to meet the requirements of the appropriate local agencies and will be reviewed by the Department as a public road or street connection rather than a driveway.
d) The application for a permit, which may be a letter or other form of written request, should include the location and a brief description of the proposed work and the intended use of the driveway and be accompanied by plans, drawings, or a sketch. The application must also include the name, address, and phone number of the applicant and the owner of record of property served by the entrance. Following receipt of the permit request, the Regional/District Office will review the application to determine that the proposed driveway construction, the location of the driveway on the property, and the development of the property being served are in conformance with the provisions of this policy. Plans for commercial driveways may also be reviewed for compliance with regulations pertaining to land usage. A meeting may be required between the applicant and a representative of the Department. When all requirements are met, the permit forms will be prepared for processing.
e) Driveways are classified basically as noncommercial or commercial. A permit for a residential or general noncommercial driveway requires the least amount of time to process. However, the Department receives a large number of such requests, and they must be processed in the order in which they are received. The applicant should therefore not wait until he is ready to start work to apply for a permit. A permit for a commercial driveway requires a longer time period to process, and the request should, accordingly, be submitted as early as possible. A driveway to a high-volume industrial, commercial, or recreational traffic generator may require a formal agreement, which will necessitate additional time for review by the Central Office of the Department.
f) The applicant is cautioned that proper access to his property is a key factor to successful development, whether noncommercial or commercial, and that access arrangements should be resolved prior to any building construction and preferably before any building design.
g) In situations where a driveway or other related work is to be done by the State's contractor, at the owner's expense (normally in conjunction with an improvement along the State highway), where there is to be some financial participation by the State in the work to be done, or where the amount of work to be done on the State highway is extensive, a formal agreement between the applicant and the Department will be necessary. The agreement includes a description of the proposed work and defines the responsibilities of the State and the applicant. This agreement must be executed by the owner of record, the applicant (if other than the owner of record) and the Department. In cases where an agreement is required, the construction within the State right-of-way will be done under State contract. This contract will be let and the construction performed in accordance with normal State contract procedures.
h) Applicants may be required to furnish a bond to insure satisfactory completion and conformance to the permit requirements. Bonds are required for all commercial driveways and may be required for other special cases. The bond will be made a part of the permit and will be in an amount and for the period specified by the Department. In lieu of individual bonds for each permit, a blanket bond, as specified by the Department, will be acceptable.
i) Copies of the formal permit (and bond or agreement where necessary) will be mailed to the applicant for signing. All of these copies must be returned to the appropriate Regional/District Office for execution on behalf of the Department. Approved copies will be returned to the applicant. A copy of the approved permit must be available for inspection on the job site at all times. No work shall be undertaken on State right-of-way until the approved copy has been received by the applicant.
Section 550.20 Definitions and Objectives
a) Definition of Terms
"Areas" – An area, either incorporated or unincorporated, is defined as Urban where it has been developed primarily for residential and/or business purposes (Illinois Vehicle Code Ill. Rev. Stat. 1981, ch. 95½, par. 1-214.1). The speed limits will generally be 40 miles per hour or less, the street or highway will normally be curbed, and at least 50 percent of the frontage on one side of the highway within one-half mile of the driveway location developed with residences and/or businesses. All locations not included under the Urban definition should be considered as Rural.
"Department" – The Illinois Department of Transportation, usually acting through its Regional or District Engineers (See Illustration I)
Driveway Types
"A Noncommercial Driveway" is one providing access to a single family residence. The term shall also apply to driveways used as access to agricultural land, including field entrances.
"A Commercial Driveway" is one providing access to property being used other than for a single family residence or for agricultural purposes.
"Industrial-Commercial-Recreational-High-Volume Traffic-Generator Driveways" are those which provide access to facilities which generate high-volume traffic, such as shopping centers, industrial parks, athletic fields, etc.
"Flare" – The part of the driveway surface outlined by the edge of the highway, the edge of the nominal width or through part of the driveway, and the curved (normally) outer edge of the driveway.
"Freeway" – A highway or street designated by the Department as a freeway in accordance with Ill. Rev. Stat. 1981, ch. 121, pars. 8-101 et seq., which includes both full and partial control facilities.
"Frontage" – The distance along the highway right-of-way line in front of the owner's property, determined by projecting a perpendicular line from the center line of the roadway to the corner points of the property on the right-of-way line.
"Frontage Road" – A public street or road auxiliary to and normally located alongside and parallel to a highway for purposes of maintaining local road continuity and for control of access.
"Island" – A physical barrier to direct the flow of traffic and to separate highway traffic from the activity on the adjacent property.
"Median" – The portion of a divided highway or divided driveway separating the traveled ways for traffic in opposite directions.
"Permit" – The term "Permit", as used in this policy, shall mean a Highway Permit (Form BT 1045) to allow construction or reconstruction of a driveway in accordance with the provisions thereon, granted by the Department in accordance with this policy. The form may also be used for other permit work, such as backslope grading, etc.
"Right-of-Way Line" – The boundary between the land acquired for or dedicated to highway use and adjacent property.
"Shoulder" – The portion of the highway contiguous with the traveled way for the accommodation of stopped vehicles and for emergency use.
"State Highway" – Any street or highway that is part of the State highway system prescribed in Article 2 of the Illinois Highway Code. Basically, those highways that are maintained by the State or State routes maintained by a City under the terms of a City-State Maintenance Agreement.
"Subdivision" – Land divided or subdivided into two or more parcels or tracts less than five acres.
"Traffic Control Devices" – All signs, signals, markings, and devices that conform to the Illinois Manual on Uniform Traffic Control Devices, placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic.
"Turning Lane" – An auxiliary lane, including tapered areas, primarily for the acceleration or deceleration and storage of vehicles entering or leaving the through traffic lanes.
b) Purpose of Access Driveway Permit Procedures
1) Various sections of the Illinois Highway Code restrict persons from working on State highways, and specifically constructing access driveways, except under the terms of a permit issued by the Department. The intent of the Department in issuing these permits is to provide maximum protection to the public through the orderly control of traffic movements onto and from the highway, to safeguard the traffic carrying capacity of the highway, to protect the public investment in highway facilities, and to assure uniform practices throughout the State in the design and construction of driveways. The standards and procedures in this policy have been developed to aid in accomplishing these goals.
2) The standards recognize the differences between noncommercial and commercial driveways, between rural and urban areas, and between relatively low and high traffic volume facilities. High-volume entrances need to be designed to standards similar to those required for street intersections with corresponding traffic.
3) In reviewing a permit request, consideration will be given to all factors affecting the operation of the driveway and the highway. These factors will include, but not be limited to, the location and geometrics of the driveway, turning lane requirements, capacity of the roadway, driveway drainage, safety and operational efficiency of the driveway as related to the highway, and land use. Driveways should be designed to provide good service to users of the entrance while at the same time minimizing interference to highway traffic.
4) The standards contained in this policy were developed to minimize the frequency and severity of potential conflicts between through vehicles and those entering or leaving driveways. Some of the principles considered were:
A) Reducing the speed differential between through vehicles and those using the driveways;
B) Eliminating encroachment of turning vehicles on adjacent lanes;
C) Prohibiting use of the highway as a portion of the internal circulation system of abutting property;
D) Providing sufficient spacing between driveways to lessen interference with traffic from adjacent driveways;
E) Discouraging parking on streets or backing onto the highway, except where such maneuvers clearly will not constitute a hazard or prove detrimental to the operation of the highway;
F) Preserving or improving the integrity of the highway and drainage facilities.
5) Construction on or adjacent to the highway roadway constitutes a hazard to the motorist. For this reason, not only the design of the driveway but the method and type of construction will be governed by the permit.
6) Bonds are required for various types of permits to assure the construction is done properly and completely and that the integrity of the highway is maintained.
c) Laws Pertaining to Entrances
The statutory provisions pertaining to the adoption and observance of this official policy are contained in Articles 4-209, 4-210, 4-211, 4-212, 8-102, 8-103, and 9-105 of the Illinois Highway Code. These sections are reprinted in Appendix E of this policy.