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Kane County, IL Building Safety: Building Permits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Adopted code
2021 International Building Code, § 105
Fence permit trigger
required unless fence can be seen through
Standard expiration
180 days after issuance
Demolition permit expiration
90 days after issuance
Unpermitted work penalty
permit fee doubled, § 6-12(P)
Appeal body
County Development Committee, 20-day window

Summary

Kane County requires a building permit for most construction in the unincorporated area under the 2021 International Building Code as locally amended. Fences that can be seen through are exempt from permitting, most permits expire 180 days after issuance, and no permit issues unless the project conforms to the county's zoning ordinance and subdivision regulations.

City-specific rules exist: Aurora, and Elgin have their own building permits rules that differ from Kane County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

Section 105 Permits 105.2 Work exempt from permit. Building: ... Delete entire text and insert "Fences of any height that can be seen through." 105.5 Expiration. Insert the following at the end of the text: "After two (2) years, if the work is not completed, the permit will expire and a new permit will be required for all remaining work. Permits for demolition shall expire 90 days after day of issuance. Permits for swimming pools, repairs, minor alterations, damage assessment, decks, accessory structures, electric service, privacy fences, temporary structures, tower and control buildings, co-locations of antennas, and establishment of use permits shall expire 180 days after the date of issuance." ... 105.8 Conformance with other county regulations and state laws. No building permit shall be issued for a building to be constructed on any lot, piece, parcel or tract of land that does not conform with provisions of all laws compiled in Chapter 109 of the Illinois Revised Statutes ... and also the county's zoning ordinance, as amended from time to time.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-17: Code current through: Ord. 26-183, passed 4-14-2026).

Full Breakdown

Kane County Code section 6-2 amends Section 105, Permits, of the 2021 International Building Code as adopted for unincorporated Kane County. 2, Work Exempt From Permit, deletes the code's stock exemption for 'tool and storage sheds' and 'similar uses' and replaces the building exemption with a single narrower category: fences of any height that can be seen through. That means any privacy fence, solid wood fence, or masonry wall that cannot be seen through requires a permit, while open or chain-link style fencing does not.

5, Expiration, sets permit life spans: after two years an incomplete permit expires and a new one is required for the remaining work; demolition permits expire in 90 days; and permits for swimming pools, repairs, minor alterations, damage assessment, decks, accessory structures, electric service, privacy fences, temporary structures, tower and control buildings, antenna co-locations, and establishment-of-use permits expire 180 days after issuance, again requiring an extension or new permit if work is unfinished. 8, added by the county, bars issuance of any building permit unless the project conforms with the laws compiled in Chapter 109 of the Illinois Revised Statutes, the county's subdivision regulations, other applicable county ordinances, and the county zoning ordinance, and it blocks a permit in any new subdivision until the required road base has been installed and accepted.

Permits are administered by the Building & Community Services Division of the Kane County Development Department, which section 6-2 designates as the Department of Building Safety, and applicants who dispute a building officer's decision may appeal to the county's Development Committee within 20 days under section 113.

Violations & Fines

Kane County Code section 1-11 sets the county's general penalty for a code violation, up to $500, with each day a violation continues treated as a separate offense unless another section states a different penalty. Starting work without the required permit under section 105 does not excuse the requirement; the county's fee schedule (section 6-12(P)) also doubles the applicable permit fee for any work started before a permit is obtained.

Frequently Asked Questions

Do I need a permit to build a fence in unincorporated Kane County?
Only if the fence cannot be seen through. Section 105.2 of the county's building code amendments exempts fences of any height that can be seen through, such as open picket or chain-link styles, but a solid privacy fence, board fence, or masonry wall still requires a permit before you build it.
How long is a Kane County building permit good for?
Most permits, including those for pools, decks, accessory structures, and privacy fences, expire 180 days after issuance under section 105.5. General construction permits run two years before expiring, and demolition permits expire after just 90 days; unfinished work after expiration needs a new permit or an extension.
Can I get a permit before my subdivision's roads are finished?
No. Section 105.8 blocks issuance of any building permit in a subdivision until the required road base has been installed and accepted by the county, and it separately requires every project to conform with the county zoning ordinance and subdivision regulations before a permit can issue.
What happens if I start construction without a permit?
Kane County's fee schedule doubles the building permit fee under section 6-12(P) when work begins before a permit is obtained, and the county can still require full compliance with the building code plus any other penalties, including the general $500 code violation fine under section 1-11.

Sources & Official References

Other rules in Kane County

All Kane County rules

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