Lake County WDO requires a Watershed Development Permit for any grading over 5,000 sq ft or 100 cubic yards of fill. Drainage must not redirect stormwater onto neighbors per Illinois civil law rule (reasonable-use doctrine).
Grading and drainage in Lake County are regulated primarily through the Watershed Development Ordinance (WDO) Articles III-V, supplemented by municipal building codes in Waukegan, Libertyville, Gurnee, Highland Park, and Lake Forest. A Watershed Development Permit is required for: any hydrologic disturbance over 5,000 sq ft, fill or excavation over 100 cubic yards, any work in a floodplain or wetland, and any new impervious surface over 15,000 sq ft (which triggers detention requirements). Detention volume must control the 2-year and 100-year storms to pre-development release rates. Retaining walls over 4 ft require structural engineering and a building permit. Illinois follows the reasonable-use civil law rule (Templeton v. Huss, 57 Ill.2d 134) — landowners may alter drainage but cannot unreasonably increase the burden on neighboring parcels. Compensatory storage required for any floodplain fill at a 1.5:1 ratio in Lake County.
Unpermitted grading: WDO stop-work and fines $500 to $2,500 per day (Art. XIV). Unauthorized floodplain fill: IDNR/FEMA penalties plus mandatory removal. Civil drainage claims: unlimited damages plus injunctive relief in circuit court.
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