McHenry County, IL Environmental Rules: Erosion Control (2026)
Key Facts
- Interim trigger
- Stabilize within 1 working day
- Stabilization deadline
- 14 calendar days after work stops
- Perimeter control threshold
- Tributary area over 5,000 sq ft
- Filter strip width
- Minimum 25 feet
- Max fine
- $750 per day, per offense
- Enforcing agency
- McHenry County Stormwater Coordinator (MCSC)
- NPDES trigger
- 1+ acre disturbance needs Permit ILR10
Summary
McHenry County's Stormwater Management Ordinance makes soil erosion and sediment control mandatory on every regulated construction site in the unincorporated county. Disturbed ground must get temporary stabilization within 1 working day of work stopping and be fully stabilized within 14 calendar days. The McHenry County Stormwater Coordinator enforces the rule and can fine violators up to $750 per day under § 17.60.090.
Stabilization of disturbed areas shall be initiated immediately whenever any clearing, grading, excavating or other earth disturbing activities have permanently ceased on any portion of the development site, or temporarily ceased on any portion of the development site and will not resume for a period exceeding 14 calendar days. Stabilization of disturbed areas shall be initiated within 1 working day of permanent or temporary cessation of earth disturbing activities and shall be completed as soon as possible, but not later than 14 calendar days from the initiation of stabilization work in an area.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2025 S-5: Supplement contains: Local legislation current through Ord. A25-0037, passed 8-19-2025 | State legislation current through ALS 2025 Pamphlet No. 1).
Full Breakdown
060(A), every regulated development, other than work covered by a General Permit, must control erosion at the source rather than just downstream. Control measures must meet the minimum standards of the Illinois Urban Manual. Perimeter control, silt fencing or an equivalent measure, is required wherever a tributary area exceeds 5,000 square feet and runoff moves in sheet flow; an acceptable vegetated filter strip must be at least 25 feet wide and covered by native plants, turf grass or other vegetation on 70% or more of the ground.
Slopes steeper than 3:1 must be stabilized with staked sod or an erosion control blanket combined with seeding. Stockpiled soil in flood hazard areas has to be cleared out at the end of every work day, and any dewatering discharge must run through a sediment trap after the Enforcement Officer is notified. Temporary erosion and sediment control measures must come out within 30 days of final stabilization, with trapped sediment removed and the ground permanently stabilized. Development that disturbs 1 acre or more, plus all Major Access, Public Road, Mining, Flood Hazard Area and Wetland development, additionally must meet IEPA General NPDES Permit No.
ILR10 and install a stabilized construction entrance so mud is not tracked onto public roads. 100, and can inspect a site at any stage, issue a stop-work order, or require an after-the-fact permit for unauthorized disturbance.
Violations & Fines
Failing to meet these performance standards is a violation of the Stormwater Management Ordinance: § 17.60.090 sets a fine of up to $750 per offense, with every day the violation continues counted as a separate offense, plus a $100 minimum court fine on top of costs. The Enforcement Officer can also revoke the stormwater permit, issue a stop-work order, demand an after-the-fact permit, require full site restoration, and record the violation against the property at the McHenry County Recorder of Deeds Office.
Frequently Asked Questions
Do I need an erosion control plan to build an addition in unincorporated McHenry County?
How fast do I have to stabilize bare dirt after grading stops?
Who enforces McHenry County's erosion control rules and what can they do?
Sources & Official References
Other rules in McHenry County
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