Kendall County, IL Environmental Rules: Stormwater Management (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.
(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?
When do stormwater facilities have to be working?
Who administers Kendall County's stormwater rules?
Sources & Official References
Other rules in Kendall County
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