A. In order to safeguard the users of the County Highway System, the County’s right-of-ways must be kept free of obstructions that pose, or potentially may pose, a safety or operational hazard to the public. Disruptions to traffic that affect, or could potentially affect, the flow of traffic in a detrimental manner shall not occur without the prior permission of the McHenry County Division of Transportation. To ensure the safe and efficient flow of traffic on the County Highway System, no activity shall take place within the County Highway right-of-ways that inhibits the County’s ability to maintain, operate and improve the County Highway System.
B. The Illinois Compiled Statutes, as amended, provide for the County Board and County Engineer to have the general supervision of the County Highway System and to have the authority to regulate various activities that occur along the County Highway System and within its right-of-ways. Permitting of access, utilities and other facilities are addressed in Articles IV through VI of this Ordinance. Those activities requiring permits not covered previously are addressed within this Chapter. These activities and the statutory authority to regulate such activities are listed below:
Statute | Regulation |
605 ILCS 5/5-414 | Permit required for temporary closure of County Highway |
605 ILCS 5/9-115.1 | Requires offset of detention and berms from right-of- way |
605 ILCS 5/9-117 | Permit required for grading and drainage facilities within right-of-way |
605 ILCS 5/9-118 | Permit required for landscaping within the right-of-way |
C. It is hereby declared to be the policy of the County to regulate those activities for which statutory authority is granted through the rules and regulations provided in this Ordinance and the specifications and requirements of the Permit Procedures and Requirements Manual.
D. Any municipal corporation or governmental entity, or other public or private corporation, association or person may request permission to temporarily close a County Highway or alter the County Highway right-of-ways through landscaping, grading, or for the improvement or modification to the existing flow of drainage along any highway provided that the entity receive written consent from the McHenry County Division of Transportation prior to the commencement of said activities.
COMMENTARY: The County Highway System is comprised primarily of arterial highways that serve as a critical linkage between municipalities, employment centers, provide critical access to State Highways, and service large volumes of traffic, including the movement of emergency service vehicles. The primary function of a County Highway and its associated right-of-way is for highway purposes by the motoring public. The alteration of the County’s right-of-ways or the temporary closure to traffic of any County Highway is secondary and subservient to providing for the safe and efficient movement of vehicular traffic on a County Highway. These highway-related uses must take precedent and priority over such activities as temporary roadway closures and the modification of the right-of-ways.
E. The absence of rules and regulations governing the temporary closure of a County Highway or modifications to its right-of-ways could result in significant congestion, delays in response time of emergency vehicles, or result in significant costs to the motoring public through lost time, deployment of County Highway resources to address said congestion and respond to public inquiries and complaints. These regulations are adopted in order to clearly communicate the requirements of the County, to minimize potential conflicts, and thereby assist in the efficient operation, maintenance and improvement of the County Highway System.
(Ord. O-200811-82-068, passed 11-6-2008)