Illinois Bulk Transmission Land Access(3-IL)
A developer must obtain a Public Utility Easement, from the state agency with jurisdiction, to access state land. Illinois – State Property Control Act (30 I.L.C.S. §§ 605 et seq.) A developer may also need a Utility Permit from the Illinois Department of Transportation to construct or maintain a transmission line “…upon, under or along any [state] highway, or upon any township or district road…” 605 I.L.C.S. §113(a), Illinois Regulations – 92 I.A.C. §§ 530 et seq., Accommodation of Utilities on Right-of-Way.
Determine Which State and Federal Permits Apply
Use this overview flowchart and following steps to learn which federal and state permits apply to your projects.
Permitting at a Glance
|Right of Way Agency:||State agency with jurisdiction over the land and Illinois Department of Central Management Services.|
|State Land Right of Way Process:||Public utilities must obtain a Public Utility Easement to access state land. Illinois – State Property Control Act (30 I.L.C.S. §§ 605 et seq.) Illinois defines “public utility” to include “…any plant, equipment, or property used for or in connection with…the production, storage, transmission, role, delivery, or furnishing of heat, cold, light, power, electricity, or water…” 30 I.L.C.S. §605/7.2.|
|State Highway Right of Way Agency:||Illinois Department of Transportation|
|State Highway Right of Way Process:||A developer may need a Utility Permit to work within the right-of-way of an Interstate, U.S. State route, Illinois state route, or state maintained roadway. 606 I.C.S §9-113, Illinois Department of Transportation Website – Utility Permits.|
|Eminent Domain:||When necessary the Illinois Commerce Commission (ICC) may grant a public utility eminent domain power to construct transmission lines on private property. 22) I.L.C.S §5/8-509.|
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