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

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

Key Facts

Disturbance cap
40 acres at one time
Cut/fill exception cap
80 acres maximum
Stabilization deadline
14 days after work stops
NPDES threshold
1+ acre needs ILR10 notice
Inspection frequency
Weekly or after 0.5in rain
Civil fine
$25-$750 per day

Summary

Every construction site in unincorporated Kane County must keep disturbed ground below forty acres at any one time, cap it at eighty acres only to balance cut and fill, and route all runoff through sediment traps or basins before it leaves the property under the county's erosion and sediment control rules.

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

The area of disturbance on-site at any one time shall be limited to forty (40) acres. An additional forty (40) acres (a maximum of 80 acres of disturbance at any one time) may be disturbed if necessary to balance cut and fill on-site. The Administrator may approve a larger area of disturbance pursuant to a plan for phased construction or after development has begun, if the developer adequately demonstrates the need therefor and the Administrator finds that adequate temporary and permanent erosion and sedimentation control practices can be maintained and that the developer is proposing an area of disturbance which at any one time is the smallest practical area consistent with the intent to limit disturbed area and minimize the risk of sediment being introduced into site runoff and being carried off-site.

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 9-59, part of the Stormwater Management Ordinance's erosion and sedimentation control article adopted by Ordinance 19-151, limits the area disturbed on any construction site to forty acres at one time, with an additional forty acres, eighty total, allowed only if needed to balance cut and fill; the Administrator can approve a larger phased area if adequate temporary and permanent controls will be maintained. Any applicant disturbing more than one acre must forward a copy of its Notice of Intent under the state's general NPDES permit ILR10 to the county.

Sedimentation basins must be designed for storm frequencies tied to how long the site stays disturbed, from a two-year storm for stabilization under six months up to a ten-year storm for disturbances lasting over a year, and every basin must hold runoff for a minimum ten-hour residence time and release it over twenty-four to forty hours. Stabilization of any area that stops being worked, permanently or for more than fourteen days, must start within one working day and finish within fourteen days, with erosion control blankets or heavy mulch required on ground left idle over winter.

Erosion and sediment control plans must be inspected weekly, or after any rainfall of a half inch or more, under the current IEPA NPDES ILR10 permit, and standards are drawn from the Illinois Urban Manual, the county's Stormwater Technical Manual, or IDOT road and bridge specifications, with the Illinois Urban Manual controlling if the sources conflict.

Violations & Fines

Failing to control erosion under section 9-59, including exceeding the forty-acre (or approved eighty-acre) disturbance cap or missing the fourteen-day stabilization deadline, is enforced under section 9-288: the Administrator or Director can levy a civil fine of $25 to $750 per day, issue a stop-work order posted on site, and require restoration of the area to its pre-disturbance condition.

Frequently Asked Questions

How much ground can a Kane County construction site disturb at once?
Forty acres at any one time under section 9-59(G), with an extra forty acres, eighty total, allowed only if needed to balance cut and fill on-site, and the Administrator can approve a larger phased area if adequate erosion controls will be maintained.
How fast must a contractor stabilize bare soil?
Within one working day of work stopping on any area, whether permanently or for more than fourteen days, and the stabilization must be finished within fourteen days of starting, per section 9-59(H). Snow cover delays the start but not the obligation.
Does a one-acre project need a state permit too?
Yes. Section 9-59(B) requires anyone disturbing more than one acre to forward the county a copy of the Notice of Intent filed under the Illinois EPA's general NPDES stormwater permit, ILR10, in addition to the county's own erosion control plan.
How often are erosion control measures inspected?
At least weekly, and after any rainfall event of a half inch or more, under the current IEPA NPDES ILR10 permit standard incorporated into section 9-59(J), with any needed repairs required to keep the practices functional.

Sources & Official References

Other rules in Kane County

All Kane County rules

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