The Village of Algonquin, IL

A utility easement does not change property ownership. Property owners continue to own the land within the easement area, but certain utilities retain legal rights to access that portion of the property for infrastructure purposes.

In other words, you may own the property, but utility providers may still have the right to enter the easement area to perform authorized work. This is why construction activity can sometimes occur on private property even though the homeowner retains ownership of the land.

Most residential properties contain one or more utility easements. Easements are typically shown on subdivision plats, surveys, title documents, or other recorded property records.

If you are planning a project and are unsure whether an easement exists on your property, you may wish to review your plat of survey, consult your title documents, or contact Community Development for general guidance. In some cases, utility providers may also have records identifying easement locations.

Property owners may be permitted to place certain improvements within an easement area, but doing so is generally at the owner's risk.

Utilities retain the right to access easements to install, maintain, repair, or replace infrastructure. If access is needed, improvements within the easement may need to be removed, relocated, or damaged during construction.

For this reason, residents are strongly encouraged to verify easement locations before beginning any project and to obtain any required permits.

Generally, no. Utility easements are legal property rights that allow authorized utility providers access to specific portions of a property for infrastructure-related work.

If a utility company is operating within a valid easement or other authorized area, property owners typically cannot prohibit access for lawful utility activities.

Residents who have concerns about work occurring on their property should contact the utility company directly or reach out to Public Works for assistance in identifying the responsible utility.

Utilities are generally expected to minimize impacts and restore disturbed areas as required by law, permit conditions, or easement agreements. However, restoration obligations may not always extend to private improvements placed within an easement.

In some cases, fences, landscaping, irrigation systems, decorative features, retaining walls, or other improvements may need to be removed or may be damaged during utility work.

Property owners should understand that improvements placed within easement areas may be subject to future utility access requirements.

Before most excavation or underground construction work can begin, utilities must locate and mark the approximate locations of existing underground facilities. This process is coordinated through the Illinois utility locating system, commonly known as JULIE (Joint Utility Locating Information for Excavators), by dialing 811.

Residents may notice temporary flags, stakes, or paint markings in lawns, parkways, sidewalks, and other areas before construction begins. These markings help contractors avoid damaging underground infrastructure during excavation.

Common utility locate colors include:

Common utility locate colors used to identify underground infrastructure before excavation.

These markings are temporary and will fade over time or be removed as construction is completed.

Residents should not remove utility locate flags or markings while construction activity is pending. These markings help contractors identify underground facilities and reduce the risk of service interruptions, property damage, or personal injury.

Most utility locate flags and markings are temporary. Once construction is complete or there has been no construction activity for at least 20 days, residents may remove the flags from their property. Utility companies typically do not return to remove locate flags after construction is complete, and the Village does not remove utility locate flags. The removal of flags once they are no longer needed is the responsibility of the property owner. Paint markings are temporary and will generally fade naturally over time.

Utility locating is often performed for an entire project area before construction begins. As a result, utility markings may appear on properties that ultimately experience little or no construction activity. The markings simply identify the location of underground infrastructure and do not necessarily indicate that excavation will occur at that exact location.

Different contractors, utilities, or phases of construction may require separate locate requests. It is not uncommon for markings to be refreshed or for remarking to occur multiple times throughout a project to ensure underground facilities remain clearly identified and protected.

The utility company or its contractor is generally responsible for restoring areas disturbed by construction activities. If you believe restoration is incomplete or unsatisfactory, you should first contact the utility company responsible for the project. Public Works may also assist in identifying the responsible utility and facilitating communication.

Notification requirements vary depending on the utility provider, type of project, and applicable regulations. While many utilities provide advance notice through mailings, door hangers, yard signs, or other outreach, some emergency repairs and maintenance activities may occur with little or no advance notice. If you are unsure who is performing work near your property, Public Works may be able to help identify the utility company and provide contact information.

Many utilities and telecommunications providers possess rights granted through federal law, state law, franchise agreements, permits, or recorded easements.

The Village's role is generally to review and permit construction activities, protect public infrastructure, and ensure compliance with applicable standards. The Village cannot deny otherwise lawful utility work simply because it may be inconvenient or unpopular.