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Kendall County, IL Environmental Rules: Stormwater Management (2026)

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

Key Facts

Governing section
Kendall County Code § 16-79
Administrator
County Zoning Administrator
Permit link
facilities functional before building permit
Overland flow threshold
20 acres upstream drainage
Statutory basis
55 ILCS 5/5-1062.2

Summary

Kendall County Code § 16-79 requires every new development in the unincorporated county to keep its site reasonably safe from flooding, barring projects that shift flood-protection costs onto neighbors or that raise flood elevations or cut flood-conveyance capacity off site. Stormwater facilities must be functional before building permits issue for subdivisions.

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)Requirements applicable to all development. All development shall ensure the development site is reasonably safe from flooding. No development shall:(1)Result in any new or additional expense to any person other than the developer for flood protection; nor(2)Increase flood elevations or decrease flood conveyance capacity upstream or downstream of the area under the ownership or control of the developer. This requirement shall not prohibit the removal or reduction of built obstructions to flow, such as increasing culvert capacity or lowering roadway elevations.(b)Building permits. Stormwater facilities shall be functional before building permits are issued for residential and nonresidential subdivisions.

Full Breakdown

2 and related statutes, sets the county-wide floodplain and stormwater framework for unincorporated territory and any municipality that has not adopted its own equally strict ordinance. Sec. 16-79's general requirements apply to every development: a site must be kept reasonably safe from flooding, and a project cannot impose new flood-protection costs on anyone other than the developer, nor increase flood elevations or reduce flood-conveyance capacity upstream or downstream of land the developer controls, though removing obstructions like undersized culverts is allowed. For residential and nonresidential subdivisions, stormwater facilities have to be functional before the county issues a building permit; single-parcel developments must have them functional where practicable before construction even begins.

The section also sets an overland-flow-path standard: if the upstream drainage area is at least twenty acres, the site needs an overland path sized for the base flood, and buildings hydraulically connected to a stormwater basin or overland flow path must be elevated or floodproofed one to two feet above the design flood elevation depending on the tributary area. The County Zoning Administrator, named Administrator of this division under Sec. 16-22, reviews and enforces these standards alongside the more detailed site-runoff-storage and sediment-control requirements later in the same article.

Violations & Fines

Sec. 16-79 sits inside the Stormwater Management Ordinance, where an 'administrative violation' occurs when permit procedures are not followed and any development that fails to meet the article's flood-protection or runoff standards is a 'violation' under the definitions in Sec. 16-52; the permitting authority can require corrective design, condition or deny a stormwater permit, and withhold the building permit until stormwater facilities are functional as Sec. 16-79(b) requires.

Frequently Asked Questions

What does Kendall County's stormwater ordinance require of new development?
Kendall County Code § 16-79 requires every development to keep its site reasonably safe from flooding and bars a project from shifting flood-protection costs onto others or from raising flood elevations or cutting flood-conveyance capacity upstream or downstream of the developer's own property.
When do stormwater facilities have to be working?
For residential and nonresidential subdivisions, Sec. 16-79(b) requires stormwater facilities to be functional before the county issues a building permit. Single-parcel developments must have them functional where practicable before construction begins, so the review happens at the permit stage, not after the fact.
Who administers Kendall County's stormwater rules?
Sec. 16-22 names the County Zoning Administrator and designees as the Administrator of the stormwater management division, which includes the general requirements of Sec. 16-79, the site runoff storage rules of Sec. 16-81, and the sediment-control standards that follow.

Sources & Official References

Other rules in Kendall County

All Kendall County rules

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