Pop. 45,786 · DuPage County
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Elmhurst Code of Ordinances Chapter 13 (Animal Control) prohibits the keeping of fowl, poultry, and livestock within residential zones of the city. Backyard chickens are not permitted. The city is generally classified among the Chicago suburbs that bar residential chickens, although periodic citizen petitions seek to amend the rule.
DuPage County has no breed-specific dog ban. The Illinois Animal Control Act, 510 ILCS 5/15, expressly states that "vicious dogs shall not be classified in a manner that is specific as to breed," and the DuPage County Code Ch. 5 follows this behavior-based framework. Dangerous- and vicious-dog determinations in DuPage are made on the individual animal's conduct, not its breed.
DuPage County Ordinance DCO-048-25, adopted October 14, 2025, amends Chapter 37 (Zoning Ordinance) to define short-term rentals as rentals of 30 days or less and requires registration, annual inspection, and an occupancy cap of five unrelated guests for STRs in unincorporated DuPage County. Hosts must also collect the 6% Illinois Hotel Operators’ Occupation Tax under 35 ILCS 145.
Illinois imposes a 6% state Hotel Operators' Occupation Tax on short-term rentals of fewer than 30 consecutive days, including platforms like Airbnb and Vrbo, applied uniformly statewide.
DuPage County permits recreational fires in unincorporated areas only if they use clean, seasoned firewood, are contained in a fire pit or grill, and remain under constant adult supervision. Burning landscape waste, garbage, treated wood, or construction debris in a fire pit is prohibited under Sections 30-17 and 30-26 of the County Code.
DuPage County's adopted Fire Code requires property owners in unincorporated areas to cut down and remove weeds, grass, vines, and other combustible growth capable of igniting and endangering property. Accumulations of combustible waste in yards, lots, and alleys are also prohibited, and hot ashes must be kept at least 10 feet from combustibles.
DuPage County bans the possession, manufacture, storage, sale, handling, and use of consumer fireworks under Section 5601.1.3 of the adopted Fire Code, reinforcing the Illinois Pyrotechnic Use Act (425 ILCS 35). Only licensed public displays with a permit, bond, and qualified operator are allowed. Sparklers and a narrow list of state-approved novelties remain legal.
DuPage County has not adopted a separate county-level open-burning ordinance, so outdoor burning is governed by the Illinois EPA rule at 35 IL Adm Code Part 237. Landscape-waste burning is prohibited in any municipality over 2,500 population, in areas adjoining those municipalities, and everywhere within 40 air miles of the former Meigs Field in Chicago — a restricted zone that covers all of DuPage County. Burning of household garbage is prohibited statewide, and local municipalities may add stricter bans.
Illinois regulates the storage, handling, and transport of liquefied petroleum gas statewide under the LPG Act, adopting NFPA 58 standards uniformly through the Office of the State Fire Marshal.
In unincorporated DuPage County, the Zoning Ordinance (Chapter 37, Sec. 37-3.2) defines a Home Occupation as a use clearly incidental and secondary to residential use of the dwelling, and prohibits any exterior evidence — including signs, displays, or advertising — that the dwelling is being used for anything other than a residence. Incorporated municipalities set their own sign rules.
In unincorporated DuPage County, Chapter 37, Sec. 37-3.2 limits a Home Occupation to a use that is clearly incidental and secondary to residential use. The occupation must be carried on by members of the household (no outside employees on-site), generate no customer traffic, parking demand, noise, or commercial vehicle activity that would alter the residential character of the property or neighborhood.
In unincorporated DuPage County, residents may operate a home occupation in a residence under Section 37-3.2 of the DuPage County Zoning Ordinance (Chapter 37). The use must be clearly incidental and secondary to residential use, conducted entirely within the dwelling by residents, and must not change the residential character of the property. Customer traffic, outside storage, and exterior signage are restricted.
Illinois preempts local bans on cottage food sales, allowing homemade food production in residential kitchens with statewide product, labeling, and registration standards superseding most municipal restrictions.
The Illinois Child Care Act establishes uniform licensing for home daycare operations, preempting local rules that would prohibit licensed family child care homes in residential zones.
In unincorporated DuPage County, residential swimming pools, spas, and hot tubs require a Building Permit under DuPage County Building Code Chapter 8, Article XIII, which adopts the International Swimming Pool and Spa Code (ISPSC) 2021. Public pools (hotels, clubs, condos, schools, water parks) are separately permitted and inspected by the DuPage County Health Department under the Illinois Swimming Facility Act (210 ILCS 125) and 77 Ill. Adm. Code Part 820.
Every public, semi-public, hotel, club, HOA, and rental swimming pool in DuPage County must be licensed and inspected by the DuPage County Health Department under the Illinois Swimming Facility Act (210 ILCS 125) and Illinois Department of Public Health Swimming Facility Code (77 Ill. Adm. Code 820). Rules cover supervision, water quality, signage, and emergency equipment. Private single-family pools are exempt.
In unincorporated DuPage County, any pool, spa, or hot tub 24 inches deep or larger, 250 square feet or larger, or with a recirculating system must be enclosed by a 48-inch non-climbable fence with self-closing, self-latching gates. The rule is enforced under the DuPage County Building Code (Article XIII, Sec. 8-1300, adopting the 2021 International Swimming Pool & Spa Code).
Illinois treats public spas and hot tubs as regulated swimming facilities, applying statewide water quality, signage, and bather load standards through IDPH.
In unincorporated DuPage County, the Zoning Ordinance bars outdoor storage of commercial vehicles, construction vehicles, and equipment in residential (R-1 through R-7) districts. Household Accessory Equipment must be kept inside an enclosed structure, and front yards plus corner side yards may not be used for off-street parking or on-site circulation.
Any new, modified, or relocated driveway connecting to a DuPage County highway requires a Highway Permit from the DuPage County Division of Transportation under the county's Highway Rights-of-Way Permit and Fee Ordinance (effective 03/01/2023). Permits cover access, construction within the right-of-way, sight distance, and surface restoration. Driveways onto municipal streets are regulated by the host municipality, and driveways onto state highways require an IDOT permit instead.
Abandoning a vehicle on a highway or in public view in DuPage County is prohibited under 625 ILCS 5/4-201. The DuPage County Sheriff has primary jurisdiction outside the corporate limits of any city, village, or town. A vehicle abandoned on private property may be authorized for removal after a seven-day waiting period, or immediately if classified as a hazardous dilapidated motor vehicle.
Illinois law guarantees renters and condo owners the right to install EV charging stations, preempting local restrictions on residential charging access at multi-unit buildings.
In unincorporated DuPage County, both detached garages and conversions of existing attached garages are regulated under the DuPage County Zoning Ordinance, Chapter 37, Sec. 37-701 through 37-704. A building permit is required from the County Building & Zoning Department, and converting an attached garage to habitable space triggers building code compliance and may forfeit required off-street parking. Replacement detached garages must meet the same size, setback, and height limits as other accessory buildings.
In unincorporated DuPage County, sheds are detached accessory buildings regulated by the DuPage County Zoning Ordinance (Chapter 37, Sec. 37-701 through 37-704). A building permit is required from the DuPage County Building & Zoning Department before construction. Construction plans are required when the shed exceeds 150 sq. ft. Size, setback, and height limits depend on the single-family zoning district (R-1 through R-4) and lot size.
Illinois requires tiny homes built on permanent foundations to comply with the state-adopted residential building codes administered by the Capital Development Board.
In unincorporated DuPage County, residential fences may rise to 4 feet 6 inches in the front yard (and must be at least 50% open) and to 6 feet 6 inches in side and rear yards. The finished side must face outward, fences must be set back at least 3 inches from all property lines, and a county fence permit is required before installation.
In unincorporated DuPage County, the Building & Zoning Department requires a permit before installing any fence on single-family property under Zoning Ordinance Section 37-407. Applications are submitted through the Accela Citizen Access portal with a Plat of Survey, construction plan, contractor registration, and (when applicable) a Drainage Easement Agreement and Entrance Permit. No work may commence prior to permit issuance.
Property owners in unincorporated DuPage County share responsibility for division fences on their common boundary under the Illinois Fence Act (765 ILCS 130). Each adjoining owner pays an equitable share of construction and maintenance unless they agree otherwise in writing. Township fence viewers — or, in DuPage, the appropriate county process — resolve disputes over cost, repair, and proportions. The County's Zoning §37-407 still controls height, setbacks, and orientation locally.
DuPage County Zoning Ordinance §37-407 regulates fence construction on single-family lots in unincorporated areas by yard location. Front-yard fences must be at least 50% open (no solid front-yard fencing) and capped at 4'6". Side and rear fences may be 100% solid and up to 6'6". The finished (good) side must face outward, all fences must sit at least 3" from property lines, and fence sections in drainage easements must be 3"–4" above existing grade so neighbor drainage is not impaired.
Illinois requires pool enclosures meeting the state Swimming Pool and Bathing Beach Code, with statewide minimum barrier rules for public pools and statutory residential standards.
On Forest Preserve District of DuPage County property, it is unlawful to possess, cut, remove, uproot, damage, or destroy any tree, sapling, seedling, bush, shrub, sod, earth, flower, plant, or fungi. Trimming or otherwise damaging trees (chipping, blazing, boxing, girdling) is also prohibited without written permission from the Executive Director. The rule is codified in the District's General Use Regulation Ordinance, Chapter III, Section 2(1).
DuPage County enforces the Illinois Noxious Weed Law (505 ILCS 100) through a county-appointed Weed Control Superintendent. Owners, occupants, and public officials in charge of land in DuPage County must control or eradicate listed noxious weeds before the plants bloom, set seed, or otherwise propagate. Non-compliance triggers county or state abatement with costs assessed against the landowner.
In unincorporated DuPage County, property owners and occupants must cut down and remove weeds, grass, vines, and other growth that is capable of being ignited and endangering property. The requirement is codified in DuPage County Fire Code Section 304.1.2 (2015 International Fire Code as adopted by the County). Section 304.1.1 also bans accumulations of combustible vegetation on yards and vacant lots.
Illinois law authorizes residential rainwater harvesting and directs the state to publish a uniform Rainwater Harvesting Manual that governs system design statewide.
Illinois imposes treble damages on anyone who cuts or removes trees on another person's land without authorization, applicable in every county.
DuPage County prohibits loud and raucous noise — particularly amplified sound — in unincorporated areas under Chapter 26, Article IV, Section 26-10-15 of the County Code, as amended by ordinance JPS-O-0001-25 (adopted April 22, 2025). The 2025 amendment gave law enforcement a citation option for late-night amplified parties after the prior ordinance only addressed industrial-type noise.
DuPage County Animal Services enforces animal-related ordinances under Chapter 5 of the County Code of Ordinances in unincorporated areas. State authority for the county to regulate barking dogs and other noisy animals comes from 55 ILCS 5/5-1071.2, which applies to Illinois counties of 750,000–3,000,000 (DuPage, Cook, Kane, Lake, Will) and authorizes fines of $25–$200 per violation, with farm animals and licensed commercial kennels exempt.
Aircraft noise in Illinois is governed exclusively by federal aviation law, leaving cities and the state without authority to regulate flight operations or in-flight sound.
Illinois sets uniform statewide decibel limits for stationary industrial and commercial noise sources through Pollution Control Board rules under the Environmental Protection Act.
DuPage County's Countywide Stormwater and Floodplain Ordinance (Chapter 15) regulates all development within the regulatory floodplain, adopts FEMA FIRM maps as the basis for Special Flood Hazard Area (SFHA) boundaries, and requires the lowest floor of new buildings to sit at least two feet above the base flood elevation. The ordinance, enacted after the catastrophic 1987 and 1996 floods, is among the strictest in Illinois.
DuPage County administers a countywide stormwater and floodplain ordinance (DuPage County Code Chapter 15), enabled by 55 ILCS 5/5-1062, that regulates land development, detention, floodplain construction, wetlands, and runoff in every municipality and unincorporated area of the county. Adopted after the 1987 and 1991 floods, it is one of the most rigorous county-level stormwater programs in the United States.
The Illinois Department of Natural Resources Coastal Management Program regulates Lake Michigan shoreline development, applying uniform permit requirements along the entire Illinois coast regardless of municipality.
Illinois law authorizes Soil and Water Conservation Districts to establish erosion control standards while NPDES rules require erosion controls at construction sites of one acre or more.
DuPage County Code Sections 30-17 and 30-26 (Chapter 30, Solid Waste Management) prohibit the open burning of garbage, debris, refuse, and landscape waste in unincorporated DuPage County. Combined with the Illinois Solid Waste Planning and Recycling Act (415 ILCS 15), which bans landscape waste from Illinois landfills, every DuPage household must use a hauler-provided yard-waste program or compost on-site.
Illinois requires every county to develop and maintain a solid waste management plan with recycling provisions, and bans landfill disposal of landscape waste, electronics, and white goods statewide.
DuPage County Code Chapter 26 declares conditions such as accumulations of rubbish, weeds, junk, and structurally unsafe or unsanitary buildings to be public nuisances subject to abatement. The County also adopts the 2015 International Property Maintenance Code (IPMC) to set minimum standards for exterior premises in unincorporated DuPage, including weeds, debris, and unsafe structures.
The Illinois Snow and Ice Removal Act shields residential property owners from liability for natural accumulations cleared in good faith, applying uniformly statewide.
Commercial drone operations in Illinois are governed primarily by FAA Part 107, with state law adding criminal and privacy overlays that apply uniformly across all Illinois jurisdictions.
Illinois preempts local drone regulation through the Freedom from Drone Surveillance Act, establishing uniform privacy rules while federal FAA authority controls airspace operation statewide.
Illinois sets a $15 statewide minimum wage under the Minimum Wage Law and permits home rule cities like Chicago to require higher local wages for covered employees.
The Paid Leave for All Workers Act guarantees up to 40 hours of paid leave annually for nearly every Illinois employee, with limited carve-outs for jurisdictions with existing ordinances.
Illinois requires 24 consecutive hours of rest each calendar week and a meal break for shifts over 7.5 hours under the One Day Rest in Seven Act, with stricter local rules permitted.
Illinois issues shall-issue concealed carry licenses through the Illinois State Police under the Firearm Concealed Carry Act, with statewide preemption of local handgun carry rules.
Illinois preempts most local firearm regulation under the FOID Card Act and Wildlife Code, leaving home rule cities limited authority over assault weapons and certain narrow areas.
Illinois bans open carry of firearms in public under the Criminal Code, allowing concealed carry only by Firearm Concealed Carry Act licensees with limited exceptions.
Illinois law sets uniform rules for transporting firearms in vehicles under the FOID Card Act and Firearm Concealed Carry Act, preempting local handgun transport ordinances.
The Illinois Right to Privacy in the Workplace Act limits how employers may use E-Verify and bars mandates that exceed federal law, applying uniformly across all Illinois employers.
The Illinois TRUST Act and Way Forward Act bar state and local law enforcement from civil immigration enforcement, holding ICE detainers, or contracting for immigration detention.
The Illinois Eviction Act sets the exclusive procedure landlords must follow to recover residential possession, including notice periods and court process applicable statewide.
Illinois prohibits any unit of local government from enacting, maintaining, or enforcing rent control ordinances on private residential or commercial property.
Illinois protects agricultural land through the Agricultural Areas Conservation and Protection Act and limits county zoning over farms outside municipal boundaries.
The Farm Nuisance Suit Act shields established Illinois farms from nuisance lawsuits when the operation predates surrounding non-agricultural land uses by at least one year.
Illinois has not preempted local plastic bag regulation, allowing home rule municipalities to enact bans, fees, or recycling mandates under their general police power.
Illinois does not ban expanded polystyrene foodware statewide, but state procurement law restricts EPS use and home rule cities may impose local bans.
Illinois requires full-service restaurants to provide single-use plastic straws only upon customer request under Public Act 102-0532, with local governments free to add stricter rules.
Illinois law requires homeowners associations to permit solar energy systems through reasonable policies, prohibiting outright bans or unreasonable restrictions on installations.
Illinois protects residential solar energy installations through the Homeowners Energy Policy Statement Act and limits unreasonable association or municipal restrictions.
Illinois prohibits sale of any tobacco, alternative nicotine, and electronic cigarette product to persons under 21 under the Prevention of Tobacco Use by Persons under 21 Act.
Illinois has no comprehensive statewide flavored tobacco ban, but home rule municipalities such as Chicago and Evanston may regulate flavored e-cigarettes under local police power.
Illinois requires retailers selling electronic cigarettes and e-liquids to obtain Department of Revenue licensing and follow age-verification, packaging, and tax rules statewide.