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

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

Key Facts

Right-of-way alteration permit fee
$750 (was $450)
Major access permit fee
$7,500 (was $4,500)
Special events permit fee
$100 (was $50)
Multiple permit surcharge
highest fee plus $2,500
Fee schedule effective date
April 1, 2025
Governing ordinance
Ord. 25-093, 3-11-2025

Summary

Kane County requires a permit before anyone alters, occupies or accesses the right-of-way along a county highway, adopting its Transportation Division's Permit Regulations and Access Control Regulations by reference. A Right-of-Way Alteration permit costs $750 as of April 1, 2025.

City-specific rules exist: Aurora, and Elgin have their own encroachment permits rules that differ from Kane County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

17-60: PERMIT REGULATIONS AND ACCESS CONTROL REGULATIONS: The Permit Regulations and Access Control Regulations, a copy of which is on file with the Kane County Clerk's Office, is hereby adopted by reference as if fully laid out herein. (Ord. 25-093, 3-11-2025, eff. 4-1-2025) 17-61: FEES: Permit Type Current (1-1-2004) Proposed (4-1-2025) Access Agricultural Access $50 $100 Temporary Access $450 $750 Minimum Use Access $300 $500 Minor Access $2,500 $4,000 Major Access $4,500 $7,500 Utility Emergency No fee No fee Minor Maintenance No fee No fee Major Maintenance $150 $250 Modification or New Construction $950 $1,600 Right-of-way Alteration $450 $750 Detour $450 $750 Special Events $50 $100 Unincorporated Subdivision No fee No fee Roadway Renewal or Extension of any permit type $100 $100 Multiple Permit Highest permit fee plus $300 Highest permit fee plus $2500

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-17: Code current through: Ord. 26-183, passed 4-14-2026).

Full Breakdown

Kane County Code Section 17-60 adopts the county's Permit Regulations and Access Control Regulations by reference, making them binding law for anyone who wants to alter, encroach on, or gain access to the right-of-way along a county highway in unincorporated Kane County. The regulations themselves are on file with the Kane County Clerk's Office rather than printed word-for-word in the code, but Section 17-61 codifies the fee schedule that applies to every permit type issued under them. A Right-of-Way Alteration permit, the category covering private encroachments and improvements placed within the right-of-way, cost $450 under the fee table adopted January 1, 2004, and rose to $750 effective April 1, 2025 under Ordinance 25-093.

Related permit types in the same table cover Agricultural Access ($100, up from $50), Temporary Access ($750, up from $450), Minimum Use Access ($500, up from $300), Minor Access ($4,000, up from $2,500), Major Access ($7,500, up from $4,500), a Detour permit ($750), and a Special Events permit ($100, up from $50). Utility permits for emergency work and minor maintenance carry no fee, while Major Maintenance runs $250 and a Modification or New Construction utility permit runs $1,600. Anyone seeking more than one permit type for the same work pays the highest single permit fee plus $2,500 for the additional permits, up from a $300 add-on under the prior schedule.

A Renewal or Extension of any permit type costs a flat $100. Unincorporated subdivision roadway permits carry no fee. Because the underlying Permit Regulations and Access Control Regulations are adopted by reference rather than reproduced in the code, an applicant needing the specific application procedures, bonding, and insurance requirements must request the document on file with the County Clerk, though the fee obligations themselves are fully codified in Section 17-61.

Violations & Fines

Placing a structure, driveway, or other private improvement in the county right-of-way without first obtaining the applicable permit under Section 17-60 exposes the responsible party to the county's general highway-related enforcement remedies, and the county can require removal or restoration of the right-of-way at the violator's expense. Because the permit fee schedule in Section 17-61 is itself the codified obligation, working without the required Right-of-way Alteration, Access, or Utility permit means the work proceeded without the county's engineering review of drainage, sight lines, and access spacing that the permit process is designed to capture before construction begins.

Frequently Asked Questions

Do I need a permit to alter the right-of-way next to my property in unincorporated Kane County?
Yes. Kane County Code Section 17-60 adopts the county's Permit Regulations and Access Control Regulations by reference, and any alteration of the right-of-way along a county highway requires a permit under that framework, with the Right-of-Way Alteration permit fee set at $750 as of April 1, 2025.
How much does a driveway access permit cost in Kane County?
It depends on the access category. Section 17-61 sets Agricultural Access at $100, Temporary Access at $750, Minimum Use Access at $500, Minor Access at $4,000, and Major Access at $7,500, all effective April 1, 2025 under Ordinance 25-093.
What happens if I need more than one type of permit for the same project?
Section 17-61 charges the highest applicable single permit fee plus a $2,500 surcharge for any additional permit types needed for the same work, replacing the prior $300 multiple-permit add-on.
Where can I find the actual application requirements for a right-of-way permit?
The detailed Permit Regulations and Access Control Regulations are adopted by reference in Section 17-60 and kept on file with the Kane County Clerk's Office rather than printed in full in the county code, so applicants must request that document for procedural requirements.

Sources & Official References

Other rules in Kane County

All Kane County rules

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