The Public Access Counselor for the Illinois Attorney General’s (“PAC”) August 21, 2026, binding opinion (Public Access Counselor Opinion 26-009) found detailed maps and GIS data were properly withheld under the exemption contained in Section 7(1)(x) of the Freedom of Information Act (“FOIA”), which exempts records concerning the location or security of qualifying utility facilities from disclosure under FOIA.

A city’s Department of Water denied a FOIA request seeking the following records for a specified area in the city: Sewer and Flood Control Atlas records, GIS mapping data, engineering schematics, or equivalent localized maps detailing the exact locations of all surface water drainage infrastructure. This specifically included all catch basins, storm drains (spanning standard 24-inch/60.96-centimeter grates up to any oversized curb inlets), and the connecting local sewer laterals. The city’s Department of Water denied the request entirely pursuant to Section 7(1)(x) of FOIA.

The relevant portion of Section 7 of FOIA states: “the following shall be exempt from inspection and copying: (x) Maps and other records regarding the location or security of generation, transmission, distribution, storage, gathering, treatment, or switching facilities owned by a utility, by a power generator, or by the Illinois Power Agency.” 5 ILCS 140/7(1)(x).

The PAC determined that the city’s Department of Water is a “utility” and that the city’s Department of Water’s surface water drainage infrastructure constitutes gathering facilities of a utility under the plain language of the FOIA exemption in 7(1)(x).

The PAC then rejected the requester’s argument that Section 7(1)(x) requires a public body to demonstrate that disclosure of the requested records would jeopardize the security of the facilities for the exemption to be applicable, stating “Because section 7(1)(x) is worded disjunctively, however, it provides two independent bases for claiming the exemption: (1) the requested records regard the location of facilities owned by a utility or (2) the requested records regard the security of facilities owned by a utility.” To require records to pertain to security and likely jeopardize the security of facilities, if disclosed, would read non-existent conditions into the exemption.

The records withheld by the city’s Department of Water consisted of atlases—detailed maps showing the locations of sewers, storm mains, access points, and various other details of the city’s water infrastructure—and GIS mapping data, and the PAC found that maps and geographic data detailing the locations of stormwater gathering facilities fall squarely within the types of records specified in section 7(1)(x). Therefore, the city’s Department of Water did not violate FOIA by denying the request.

For the exemption to apply, the public body must be able to establish by clear and convincing evidence that the particular records requested must concern the location or security of facilities identified in Section 7(1)(x) and must be owned by a qualifying utility or other entity identified in the statute.

For more information about this article, please contact Haley Peters at hpeters@tresslerllp.com.

About Haley Peters

Haley Peters is an associate in Tressler’s Local Government Practice Group. Haley concentrates her practice on serving cities and villages. Her practice emphasizes day-to-day operations and general corporate counsel matters for municipalities, counties, townships, park districts, and other taxing bodies. This includes liquor-related matters, planning and zoning matters, development, and employment matters. Read Haley’s full bio here.