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Adopting Revised Kane County Division of Transportation Permit Regulations and Access Control Regulations
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WHEREAS, the Kane County Board has general supervision of all county highways within in the county, pursuant to 605 ILCS 5/5-101, et seq., of the Illinois Highway Code; and
WHEREAS, the County of Kane is authorized, pursuant to 605 ILCS 5/2-102, to plan, develop, construct, manage, operate, maintain and control a system of county highways (hereinafter the "County Highway System") and each highway, freeway, street, and/or road that is under its exclusive jurisdiction and within the boundaries of Kane County (605 ILCS 5/5-101.3 and 605 ILCS 5/8-101); and
WHEREAS, the County Board is authorized to adopt regulations regarding various usage permits (605 ILCS 5/5-413) and access permits (605 ILCS 5/5-414), and associated fees therewith, for the administration of said permits; and
WHEREAS, the U.S. Department of Transportation’s Federal Highway Administration (FHWA), defines “access management” as “the process that provides access to land development while simultaneously preserving the flow of traffic on the surrounding system in terms of safety, capacity, and speed.” Furthermore, “[p]roperly implemented access management improves traffic operations, increases highway safety by minimizing vehicle conflicts and crashes, and reduces adverse environmental impact.” Benefits of Access Management, FHWA Document, No. FHWA-OP-03-066 (Oct. 14, 2014, revised July 29, 2022); and
WHEREAS, the County of Kane deems it to be in the best interest of the people of Kane County and the safety of the motoring public to endeavor to prevent unauthorized use of and to minimize and efficiently manage the number of competing facilities and obstructions within County Highway right-of-way; and
WHEREAS, in furtherance of its authority to regulate permits and access management of the County Highway System, the Kane County Board adopted the interim “Transportation Permit Regulations” by Ordinance No. 03-12 (January 14, 2003); and
WHEREAS, the Kane County Board subsequently amended and revised said regulations as the “Transportation Permit Regulations and Access Control Regulations,” by Ordinance 03-402 (December 9, 2003); as amended by, Ordinance No. 17-181 (June 13, 2017) and Ordinance No. 17-357 (October 14, 2017) (collectively, the “Permit Regulations”); and
WHEREAS, the Permit Regulations, and associated permit fees, are proposed to be revised, and formally codified by its addition to the Kane County Code, in the spirit of transparency and ease public access to government information.
NOW, THEREFORE, BE IT ORDAINED by the Kane County Board that the fee structure for the Permit Regulations and Access Control Regulations (a copy of which is on file with the Kane County Clerk’s Office) is hereby amended as follows, effective April 1, 2025
1. Access
a. Agricultural Access $100
b. Temporary Access $750
c. Minimum Use Access………………………………………….…… $500
d. Minor Access $4,000
e. Major Access $7,500
2. Utility
a. Emergency No fee
b. Minor Maintenance No fee
c. Major Maintenance (includes new residential
single service installations) $250
d. Modification or New Construction (franchise) $1,600
e. Modification or New Construction
non-franchise)………………… …… $950 per roadway, plus usage fees
f. Pavement Open-cuts ….$950 plus vehicle delay cost, each occurrence
3. Right-of-way Alteration $750
4. Detour $750
5. Special Events $100
6. Unincorporated Subdivision Roadway………………………………… No Fee
7. Renewal or Extension of any Permit Type $100
8. Multiple Permit ………………………………… Highest permit fee plus $2,500
BE IT FURTHER ORDAINED that “Chapter 17: Roads and Bridges, of Kane County Code,” is hereby amended by adding a new section, to be numbered as “Article VI: Permit Regulations and Access Control Regulations,” and to include all language from the previously adopted “Transportation Permit Regulations and Access Control Regulations,” Ordinance 03-402 (December 9, 2003); as amended by, Ordinance No. 17-181 (June 13, 2017) and Ordinance No. 17-357 (October 14, 2017) (copies of which are on file with the Kane County Clerk’s Office) and shall be organized as set forth in the attached EXHIBIT A.
Passed by the Kane County Board on March 11, 2025.
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John A. Cunningham, MBA, JD, JD Corinne M. Pierog MA, MBA
Clerk, County Board Chairman, County Board
Kane County, Illinois Kane County, Illinois
Vote: