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Kendall County, IL Environmental Rules: Erosion Control (2026)

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

Key Facts

Governing section
Kendall County Code § 16-106
Design storm
25-year recurrence frequency minimum
Corrective window
7 days to fix maintenance notice
Federal overlay
NPDES construction requirements still apply
Companion sections
§§ 16-107 plan, 16-109 maintenance

Summary

Kendall County Code § 16-106 requires every development site in the unincorporated county to plan erosion and sediment control from the start, favoring erosion prevention over sediment cleanup, retaining natural vegetation near watercourses, and installing sediment traps and filter barriers before or as clearing and grading begin. All sites must also meet NPDES construction requirements.

These county ordinances apply to unincorporated areas of Kendall County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(a)Measures taken to control soil erosion and sediment runoff should be adequate to ensure that sediment is not transported from the site. The following principles shall apply to all development activities within the County:(1)Erosion and sediment control planning shall be part of the initial site planning process. In planning the erosion and sediment control strategy, preference shall be given to reducing erosion rather than controlling sediment. ... (6)Sediment basins or traps, filter barriers, diversions, and any other appropriate sediment or erosion control measures shall be installed prior to or concurrent with site clearing and grading. Measures implemented on site shall be maintained to prevent erosion and remove sediment from runoff waters from land undergoing development. ... (b)All development shall comply with the minimum requirements of NPDES regulations for construction activities. This division may provide other requirements but is not intended to relieve NPDES requirements.

Full Breakdown

Kendall County's Soil Erosion and Sediment Control subdivision, beginning at Kendall County Code § 16-106, lays out thirteen general principles every development activity in the county has to follow. Erosion and sediment control planning must be part of the initial site design, with a stated preference for reducing erosion rather than just catching sediment after the fact. Development has to follow the site's existing topography and soils to minimize erosion, steep slopes needing high cuts or fills should be avoided, and natural vegetation next to streams, lakes, ponds and wetlands has to be retained and left undisturbed to the extent possible.

Sediment basins, traps, filter barriers and diversions must go in before or at the same time as site clearing and grading begins, and those measures have to be maintained afterward to keep sediment out of runoff. The section requires exposing the smallest practical area of land for the shortest practical time, sizing controls to at least a twenty-five-year storm event, and disposing of all construction waste so wind or water cannot carry it off site; every site must also keep sediment from being tracked onto public or private roads.

Subsection (b) makes clear the county rule layers on top of, and does not relieve, NPDES permit requirements for construction activity. Sec. 16-107 then requires a written Soil Erosion and Sediment Control Plan for every project, and Sec. 16-109 obligates the applicant to inspect and maintain those measures weekly and after every half-inch rain event.

Violations & Fines

Failure to follow the erosion and sediment control plan required under Sec. 16-107, or to maintain controls as required by Sec. 16-109, lets the permitting authority issue a written notice of maintenance problems; if corrections are not made within seven calendar days, Sec. 16-109(e) authorizes a stop-work order and revocation of the stormwater permit, halting the project until compliance is restored.

Frequently Asked Questions

Does Kendall County require an erosion control plan for construction?
Yes. Kendall County Code § 16-106 sets the general principles, and Sec. 16-107 requires a written Soil Erosion and Sediment Control Plan describing the site, drainage, phasing and every erosion and sediment control measure before development begins in the unincorporated county.
How often must erosion controls be inspected once installed?
Sec. 16-109 requires the applicant to inspect soil erosion and sediment control measures in accordance with NPDES requirements, or at least weekly and after every rainfall event of a half inch or more, repairing or replacing them as necessary to keep them functioning.
What happens if erosion controls aren't maintained?
The permitting authority can notify the property owner in writing of maintenance problems requiring correction. Under Sec. 16-109(d)-(e), the owner has seven calendar days to fix them; if corrections aren't made, the authority may issue a stop-work order and revoke the stormwater permit.

Sources & Official References

Other rules in Kendall County

All Kendall County rules

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