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DuPage County, IL Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

ROW permit fee
$500 per project
Access permit fee
$1,500 per project
Single-family driveway
Exempt from permit fee
Minimum fine
$750 per violation, per day
Issued by
County Engineer, Division of Transportation
Appeal window
14 days to Transportation Committee

Summary

Anyone who wants to build a driveway, install a utility line, or otherwise occupy DuPage County highway right-of-way must get a permit from the County Engineer before starting work. The Division of Transportation issues access, right-of-way, utility and special event permits, charges fees set in a published fee schedule, and can fine an unpermitted encroachment $750 or more per day.

City-specific rules exist: Naperville has its own encroachment permits rules that differ from DuPage County's county-level regulations. If you live in Naperville, check the city-specific page instead.

Right-of-way permit: Required for the reconstruction, relocation, repair, maintenance, modification, removal, upgrade, or any and all forms of work relating to an existing facility, or any and all forms of work relating to the construction or placement of a new facility within the County rights-of-way. ... Any person, who desires to obtain access (road or driveway) to/from a County highway or use the County highway rights-of-way for installation of a facility or any other purpose pursuant to this article shall, before commencement of construction, activity, or event, obtain a permit from the County Engineer, or authorized designee. The DuPage County Division of Transportation issues the following permit types: access permits, right-of-way permits, utility permits and special event permits.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 14 Update 1).

Full Breakdown

DuPage County Code § 19-33 requires anyone seeking access to a County highway, or wanting to use County rights-of-way for a facility, driveway or other purpose, to obtain a permit from the County Engineer, or an authorized designee, before starting construction, activity or an event. The Division of Transportation issues four permit types: access permits, right-of-way permits, utility permits and special event permits, with conditions spelled out in the County's Highway Permits Manual. A permit is only considered issued once all fees, bonding and insurance are provided and the County Engineer signs it; the permittee must then distribute copies to every contractor and post the permit on site.

Fees are set in § 19-43's Fee Schedule: a general right-of-way permit costs $500 per project, a standard access permit is $1,500, and access with roadway improvements runs $4,500; pavement open-cuts add $1,000 and permit extensions or revisions cost $100 each. Single-family residential driveway access is exempt from fees under § 19-39, as is work performed for or sponsored by government agencies at the County Engineer's discretion. Permits can be revoked for unauthorized construction, abandonment of facilities, failure to pay fees, or violating permit terms, but the permittee gets written notice and up to 30 days to correct the problem before revocation, per § 19-37.

A revocation can be appealed in writing to the Transportation Committee within 14 calendar days, mailed to the Division of Transportation at 421 N. County Farm Road, Wheaton.

Violations & Fines

Working in County rights-of-way without a permit, or violating a permit's terms, draws a fine under § 19-41 equal to whichever is greater: $750, twice the calculated permit fee, or the cost to fix the resulting hazard. Each day of a continuing violation counts as a separate offense. The County Engineer can also refuse further permits to a violator and suspend pending applications until fees are paid or the violation is corrected.

Frequently Asked Questions

Do I need a permit to install a driveway in unincorporated DuPage County?
Yes. Any access to a County highway, including a new single-family driveway, requires an access permit from the DuPage County Engineer under § 19-33. Single-family residential driveways are exempt from the permit fee under § 19-39, but the permit application itself is still mandatory before construction begins.
How much does a right-of-way permit cost in DuPage County?
The base right-of-way permit fee is $500 per project under the § 19-43 Fee Schedule. Access permits run $1,500, or $4,500 if roadway improvements are involved, and pavement open-cuts add another $1,000. Permit extensions and revisions cost $100 each.
What happens if I do work in the right-of-way without a permit?
The County can fine you under § 19-41: the greater of $750, twice the standard permit fee, or the cost to fix any resulting safety hazard, with each day counted as a separate offense. The County Engineer may also refuse to issue future permits until you pay and correct the violation.
Can a denied or revoked encroachment permit be appealed?
Yes. A County Engineer decision to revoke a permit can be appealed in writing to the Transportation Committee within 14 calendar days of notice, addressed to the Division of Transportation at 421 N. County Farm Road, Wheaton. The Committee's decision is the County's final action on the appeal.

Sources & Official References

Other rules in DuPage County

All DuPage County rules

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