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
|State Land Right-of-Way:||A public utility may need an Easement to access state lands. A public utility is defined as “every corporation, company, association, joint stock company or association, firm, partnership, individual, or other organization… that owns, controls, operates, or manages, within Illinois, directly or indirectly, for public use, any plant, equipment, or property used or to be used for or in connection with… the production, storage, transmission…of…electricity.” Illinois – State Property Control Act (30 I.L.C.S. §§ 605 et seq.).|
|State Land Right-of-Way Agency:||Illinois Department of Central Management Services|
|State Highway Right-of-Way:||Public utilities may need a Utility Permit to place or construct any pole or wire upon or along a state highway right-of-way. 606 I.C.S §9-113.|
|State Highway Right-of-Way Agency:||Illinois Department of Transportation|
|Eminent Domain:||“When necessary for the construction of any alterations, additions, extensions or improvements… any public utility may enter upon, take or damage private property in the manner provided for by the law of eminent domain…” 22) I.L.C.S §5/8-509.|