Ill. Admin. Code tit. 92 § 562.30

Current through Register Vol. 48, No. 49, December 6, 2024

Section 562.30 - Control of Access

a) Complete. Access shall be controlled either

1) by constructing local service drives or frontage roads adjacent to the freeway and/or designating existing roads or streets as local service drives or frontage roads to provide access to the freeway from adjacent areas or

2) by extinguishing all rights of direct access of the abutting property owners to and from the freeway by purchase or eminent domain and eliminating all existing means of direct access. Where local service drives are to be constructed they shall be of appropriate design and construction and shall be separated from the freeway by parkways, curbs or other effective devices, and shall afford access to the freeway only at entrances provided for that purpose by the Department.

b) Modified.

1) Agricultural Areas.

A) By agreement or stipulation with the property owner, when access rights are being acquired, the Department may designate one point of direct access to the freeway from the abutting property to be used solely for agricultural or residential purposes.

B) Wherever property held under one ownership is severed by a freeway, the Department may grant a limited or restricted easement permitting crossing of the freeway at a designated location and under specified terms and conditions to be used solely for residential and/or agricultural purposes and for passage from one severed tract to the other. If such severed tracts at any time cease to be held under one ownership, the Department shall terminate and revoke the said easement.

2) Residential Areas. By agreement or stipulation with the property owner, when access rights are being acquired, the Department may designate one point of access to the freeway from the abutting property to be used solely for residential and/or agricultural purposes. Where several property owners have homes in a compact area one entrance by way of a frontage road may be provided. It is preferred to have such frontage road built by the owners to be served thereby and on their own properties.

3) Commercial Areas. Where commercial units are located on roads which intersect the freeway, access to the freeway is limited to that provided by the said intersecting roads. When these units are located in areas through which frontage roads are to be constructed, access to the freeway is limited to that by way of the frontage roads to designated access points. If such a unit is so located as not to fit in either of the above patterns, then the right of access to the freeway will be completely extinguished by purchase or condemnation.

Ill. Admin. Code tit. 92, § 562.30