Illinois Road Impact Fee Statute

• Author: David L. Callies/Daniel J. Curtin Jr./Julie A. Tappendorf
• Pages: 190-201

III. ILLINOIS ROAD IMPACT FEE STATUTE

DIVISION 9. ROAD IMPROVEMENT IMPACT FEES

(605 ILCS 5/5-901)

Sec. 5-901. Short title. This Division may be cited as the Road Improvement

Impact Fee Law. (Source: P.A. 86-97.)

(605 ILCS 5/5-902)

Sec. 5-902. General purposes. The General Assembly finds that the purpose

of this legislation is to create the authority for units of local government to

adopt and implement road improvement impact fee ordinances and resolutions.

The General Assembly further recognizes that the imposition of such road im-

provement impact fees is designed to supplement other funding sources so that

the burden of paying for road improvements can be allocated in a fair and equi-

table manner. It is the intent of the General Assembly to promote orderly eco-

nomic growth throughout the State by assuring that new development bears its

fair share of the cost of meeting the demand for road improvements through the

imposition of road improvement impact fees. It is also the intent of the General

Assembly to preserve the authority of elected local government officials to

adopt and implement road improvement impact fee ordinances or resolutions

which adhere to the minimum standards and procedures adopted in this Divi-

sion by the State. (Source: P.A. 86-97.)

(605 ILCS 5/5-903)

Sec. 5-903. Definitions. As used in this Division:

“Units of local government” mean counties with a population over 400,000

and all home rule municipalities.

“Road improvement impact fee” means any charge or fee levied or imposed

by a unit of local government as a condition to the issuance of a building permit

or a certificate of occupancy in connection with a new development, when any

portion of the revenues collected is intended to be used to fund any portion of

the costs of road improvements.

“Road improvements” mean the improvement, expansion, enlargement or

construction of roads, streets, or highways under the jurisdiction of units of lo-

cal government, including but not limited to bridges, rights-of-way, and traffic

control improvements owned and operated by such units of local government.

Road improvements may also include the improvement, expansion, enlarge-

ment or construction of roads, ramps, streets or highways under the jurisdiction

of the State of Illinois, provided an agreement providing for the construction

and financing of such road improvements has been reached between the State

and the unit of local government and incorporated into the comprehensive road

improvement plan. Road improvements shall not include tollways but may in-

clude tollway ramps.

“New development” means any residential, commercial, industrial or other

project which is being newly constructed, reconstructed, redeveloped, structur-

ally altered, relocated, or enlarged, and which generates additional traffic

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