St. Clair County, IL Sidewalk & Pedestrian Rules: Obstruction Rules (2026)
Key Facts
- Governing section
- Motor Vehicle Code Sec. 24-1-3
- Banned in right-of-way
- buildings, fences, signs, structures
- Allowed exception
- adjacent-building awnings/marquees, no sightline block
- Adopted
- Ord. No. 9, May 29, 1973
- Penalty range
- $75.00 to $750.00 per offense
Summary
St. Clair County bans erecting or keeping any building, fence, sign or other structure inside a road or project right-of-way. Only a narrow class of overhanging awnings and marquees that do not block sightlines is allowed to stay. The rule applies countywide on unincorporated roads maintained by the County Road District.
(C) Encroachment is defined as any building, fence, sign or any other structure or object of any kind, (with the exception of utilities and public road signs), which is placed, located or maintained in, on, under or over any portion of the project right-of-way or the roadway right-of-way where no project right-of-way line has been established. ... It shall be unlawful for any person, firm, or corporation to erect or cause to be erected, to retain or cause to be retained, any Encroachment (hereinabove defined), within the limits of the project right-of-way or roadway right-of-way. Project right-of-way lines have been established to be the roadway right-of-way lines. (Ord. No. 9; 05-29-73)
Full Breakdown
Motor Vehicle Code Sec. 24-1-3 defines an encroachment as any building, fence, sign or other structure or object placed, located or maintained in, on, under or over any portion of a project right-of-way, or a roadway right-of-way where no project right-of-way line has been established. The ordinance flatly states it is unlawful for any person, firm or corporation to erect, cause to be erected, retain, or cause to be retained any such encroachment within those limits. The only carve-out is a defined 'Permissible Encroachment': an existing awning, marquee, advertising sign or similar overhanging structure supported from an adjacent building, and only so long as it does not impair the free and safe flow of traffic on the highway.
That exception does not extend to signs hung from freestanding poles set up outside the project right-of-way line. Project right-of-way lines are jointly established by the County Road District, the State, and the Federal Highway Administration on federally funded projects; on other county roads, the ordinance sets the project right-of-way line equal to the roadway right-of-way line, so the ban reaches the full width of the county's road easement, not just the paved surface. The provision traces to Ordinance No. 9, adopted May 29, 1973, and remains in force under the current Motor Vehicle Code codification.
Because it sits in the County Road District's chapter rather than the zoning code, it governs fixed structures placed over the right-of-way itself, distinct from setback rules that govern what a landowner can build on private property near the road.
Violations & Fines
There is no encroachment-specific fine written into Sec. 24-1-3, so a violation falls under the County Code's general penalty clause, Sec. 1-1-20: a fine of not less than $75.00 nor more than $750.00 per offense, with each day a violation continues potentially charged as a new offense. The County Road District or County Engineer's office can require removal of an unlawful encroachment as a condition of resolving the citation, since the ordinance's purpose is keeping the right-of-way clear rather than collecting a fine.
Frequently Asked Questions
Can I put a fence right up to the county road?
Are business signs ever allowed to hang over the right-of-way?
What happens if the County finds an unlawful structure in the right-of-way?
Sources & Official References
Other rules in St. Clair County
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