Excavation and trenching - Illinois

Illinois operates an OSHA-approved State Plan covering state and local government workers. Private sector employers and their workers are covered by federal OSHA.

Underground facilities

Illinois enacted the Illinois Underground Utility Facilities Damage and Prevention Act (220 ILCS 50/1 -- 50/14) which created a One-call Notice System, commonly referred to as “JULIE, Inc.” The system allows excavators to give notice of intent to excavate to underground utility facility owners and operators through the system to obtain marking of underground facilities and thereby prevent damage and worker injury.

Excavation fencing required

Any person, corporation or partnership which either owns, or maintains, or uses, or abandons any open excavation for the erection of any building structure or excavation created by the razing or removal of any building structure without covering or surrounding such installation with protective fencing is guilty of a Class C misdemeanor. This rule does not apply during repair, construction, removal or filling of an excavation while any worker is present at the location either performing services or as a watchman to guard such location.

Adjacent landowner excavation protection

Each adjacent owner is entitled to the continuous lateral and subjacent support which his land receives from the adjoining land, subject to the right of the owner of the adjoining land to make proper and usual excavations on the same for purposes of construction or improvements, under the following conditions:

• Any owner or possessor of land intending to make or to permit an excavation to be made on his land must give due and reasonable notice in writing to the owner or owners of adjoining lands and of adjoining buildings and other structures stating the depth to which the excavation is intended to be made and when the excavation will begin.
• If the excavation is to be of a depth of not more than the standard depth of foundations (i.e., eight feet below the established grade of a street, highway or other public way upon which such land abuts, or if there is no established grade, below the surface of the adjoining land) and if it appears that the excavation is to be of a greater depth than the walls or foundations of any adjoining building or other structure and is to be so close as to endanger the building or other structure in any way, then the owner of the building or other structure on the adjoining land must be allowed a reasonable time, but in no event less than 30 days, in which to take measures to protect the same from any damage or in which to extend the foundations, and he must be given, for the said purpose, a license to enter on the land on which the excavation is to be or is being made.
• In making any excavation, reasonable care and precautions must be taken to sustain the adjoining land as such, without regard to any building or other structure which may be thereon.
• If the excavation is intended to be or is deeper than the standard depth of foundations, then the owner of the land on which the excavation is being made, if given the necessary license to enter on adjoining land, must protect the said adjoining land and any building or other structure thereon, without cost to the owner thereof, by furnishing lateral and subjacent support to said adjoining land and all buildings and structures, in such a manner as to protect the same from any damage by reason of the excavation.

Excavation or removal of lateral highway support and deposit of spoil

It is unlawful for any person to excavate or remove or cause the excavation or removal of the lateral support within 10 feet plus one and one-half times the depth of any excavation adjacent to the established right-of-way of any public highway located outside the corporate limits of any municipality. Exception: If any of the excavated materials are of solid rock, the depth of such solid rock will not be considered in computing the limit of excavation from such right-of-way line of such public highway.

It is unlawful for any person to deposit spoil or cause the spoil from any excavation to be deposited in such a manner that the toe of such spoil will be nearer than 20 feet to any established right-of-way of any public highway located outside the corporate limits of any municipality.

These requirements do not:

• Prohibit the construction and maintenance of grade separation crossings of any public utility, private corporation or individuals, or in any way conflict with any other laws governing such grade separations;
• Apply in any way apply to pipeline construction or maintenance where such work is done to the satisfaction of the highway authorities having jurisdiction over such public highway; or
• Apply to the excavation of earth necessary for the construction of foundations or basement walls.

Uncontaminated soil fill operations

No person may use soil other than uncontaminated soil as fill material at an uncontaminated soil fill operation. The term “uncontaminated soil fill operation” means a current or former excavation where uncontaminated soil is used as fill material but does not include a clean construction or demolition debris fill operation.