Madison County, IL Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Permit required for
- New, relocated or expanded ROW facilities
- Permit fee
- Up to $1,000, set by County Engineer
- Exempt
- Service connections that don't disrupt the ROW
- Also required
- Insurance and a posted security fund
- Update duty
- Notify county within 30 days of changes
- Enforcing office
- Madison County Engineer
Summary
Before installing, relocating, adding to or otherwise disrupting a facility, pipe, cable, pole or other utility structure in a Madison County right-of-way, a utility must file an application with the County Engineer and obtain a permit under § 115.03. The permit fee runs up to $1,000, and applicants must carry insurance and post a security bond before work begins.
(A) Permit required. (1) No person shall construct (as defined in this chapter) any facility on, over, above, along, upon, under, across or within any county right-of-way which: (a) Changes the location of the facility; (b) Adds a new facility; (c) Disrupts the right-of-way (as defined in this chapter); or (d) Materially increases the amount of area or space occupied by the facility on, over, above, along, under across or within the right-of-way, without first filing an application with the County Engineer and obtaining a permit from the county therefor, except as otherwise provided in this chapter.
Full Breakdown
01) includes preventing interference with streets, sidewalks and alleys, protecting against increased stormwater runoff from added impervious surface, preserving the county's tree-lined parkways, and preventing visual blight from a buildup of facilities. 03(A), no one may build a new facility, relocate an existing one, disrupt the right-of-way, or materially expand the space a facility occupies without first filing an application with the County Engineer and getting a county permit; only service connections that do not disrupt the right-of-way are exempt. 09. An application fee of up to $1,000 is set by the County Engineer based on the county's anticipated administrative cost, though electric utilities already paying the state Electricity Infrastructure Maintenance Fee are exempt from that fee.
Permit holders must update the county in writing within 30 days of any change to their application information, except emergency contacts, which must be updated immediately. 99.
Violations & Fines
Violating Chapter 115, including building or altering a right-of-way facility without a permit, is punishable by a fine under § 115.99 and the general code's penalty provisions. If the county incurs delay costs, third-party claims, or expenses installing, maintaining or removing a facility because the utility fails to perform its permit duties, the utility must bear those costs, and no other agency may override the county's cost allocation. The County Board can also pursue any additional enforcement remedy available to it under § 115.21.
Frequently Asked Questions
Does a utility need a county permit to work in a Madison County right-of-way?
How much does a Madison County right-of-way permit cost?
What happens if a utility doesn't complete permitted right-of-way work?
Sources & Official References
Other rules in Madison County
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