ILCS » Chapter 225 · Act 440
Illinois Compiled Statutes

225 ILCS 440/3.08 (2026)

"Erect" means to construct, build, raise, assemble, place, affix, attach, create, paint, draw or in any other way bring into being or establish; but does not include any of the foregoing activities when performed as an incident to the change of advertising message or normal maintenance or repair of a sign or sign structure

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(225 ILCS 440/3.08) (from Ch. 121, par. 503.08)
    Sec. 3.08. "Erect" means to construct, build, raise, assemble, place, affix, attach, create, paint, draw or in any other way bring into being or establish; but does not include any of the foregoing activities when performed as an incident to the change of advertising message or normal maintenance or repair of a sign or sign structure. For the purposes of this definition, the following shall not constitute normal maintenance or repair of a sign or sign structure: replacing more than 60% of the uprights, in whole or in part, of a wooden sign structure; replacing more than 30% of the length above ground of each broken, bent, or twisted support of a metal sign structure; raising the height above ground of a sign or sign structure; making a sign bigger; adding lighting; or similar activities that substantially change a sign or make a sign more valuable.
(Source: P.A. 96-919, eff. 6-9-10.)

    
Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2019–2021 · leading case: Dusty's Outdoor Media, LLC v. Dep't of Transp., 2019 IL App (5th) 180269.
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Dusty's Outdoor Media, LLC v. Dep't of Transp., 2019 IL App (5th) 180269. · cites it 5× “” 225 ILCS 440/3.08 (West 2010). As the plaintiff points out, a sign owner would never “replace” damaged metal supports by placing them back in the ground.”
Image Media Advert., Inc. v. Illinois Dep't of Transp., 2021 IL App (1st) 200830-U. “June 9, 2010) (amending 225 ILCS 440/3.08). ¶ 47 Against this statutory backdrop, the plaintiff’s argument is that a registration “stays with the sign” until the sign is destroyed, abandoned, discontinued, removed, or modified beyond allowable limits.”
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