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

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

Key Facts

Governing law
Winnebago County Code § 50-247, Art. IV
Max release rate
0.2 cfs per acre
Erosion plan trigger
1+ acre of land disturbance
Enforcing official
County Engineer (Administrator)
Penalty
$25-$500 fine per day
Ordinance date
Readopted June 13, 2024

Summary

New development in unincorporated Winnebago County can't release stormwater runoff faster than the land could naturally drain before it was built on. County Code § 50-247(a)(2) caps the controlled release rate at 0.2 cubic feet per second per acre, the county's engineered limit for the downstream drainage system, enforced through the Surface Water Management Ordinance's permit process.

City-specific rules exist: Rockford has its own stormwater management rules that differ from Winnebago County's county-level regulations. If you live in Rockford, check the city-specific page instead.

Stormwater detention regulations. These regulations address escalation in flooding within new developments and/or impacted areas, which increase the amount of impervious surface. The maximum controlled stormwater runoff release rate shall not exceed the natural safe stormwater drainage capacity of the downstream system, which has been found to be 0.2 cubic feet per second, per acre in the county. Details of compliance with this requirement are hereby incorporated in the Technical Regulations. The following, however, shall not be included:a.Traditional agricultural uses.b.The construction of single-family dwellings on lots or parcels of land which were of record prior to June 24, 1982.c.Modification of single-family dwellings which will continue to be used as single-family dwellings.d.The use of lands adjacent and contiguous to and which discharge directly into the Rock, Pecatonica, Sugar, or Kishwaukee Rivers.e.Improvement of existing roadways which does not increase the number of traffic lanes in the typical cross section of the roadway.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 64).

Full Breakdown

Chapter 50, Article IV, the Surface Water Management Ordinance readopted June 13, 2024 (Ord. No. 2024-CO-036), regulates stormwater in two ways under § 50-247(a): quantity and quality. On quantity, § 50-247(a)(2) sets the maximum controlled stormwater runoff release rate at 0.2 cubic feet per second per acre, the rate the county has found matches the natural safe drainage capacity of its downstream system, with the engineering details spelled out in the county's Technical Regulations. The rule exempts traditional agricultural uses, single-family homes on lots recorded before June 24, 1982, modifications to existing single-family homes that stay single-family, land that drains straight into the Rock, Pecatonica, Sugar or Kishwaukee Rivers, and roadway resurfacing that doesn't add traffic lanes. Section 50-247(a)(3) layers on post-construction runoff quantity controls as a federal NPDES Phase II best-management-practice requirement.

On water quality, § 50-247(b)(1) requires a construction site erosion and sediment control plan for any land-disturbing activity of an acre or more, built to the U.S. Department of Agriculture's Illinois Urban Manual, unless the applicant instead files a Phase II NPDES Notice of Intent and an approved Storm Water Pollution Prevention Plan at least 30 days before construction starts.

A surface water management permit is required before covered land-disturbing activity begins; § 50-255(d) sets the term at two years for minor developments and three years for major ones (or the building permit's term, whichever is less), extendable by the administrator in six-month (minor) or twelve-month (major) increments on written request, but not more than 90 days before expiration. Fees follow the county's Surface Water Management Fee Schedule under § 50-256, on file with the Highway Department at 424 North Springfield Avenue, Rockford. Violations are enforced by the county engineer as administrator, who can issue a stop-work order and, under § 50-250(n), fine violators $25 to $500 per day.

Violations & Fines

Disturbing land, filling, grading or building without an approved erosion and sediment control plan or surface water management permit is unlawful under § 50-250(a)-(b), enforced by the county engineer with the state's attorney's office and sheriff's department. The administrator can issue an immediate stop-work order, suspend or revoke any related building permit, and require full site restoration. Each day of violation is a separate petty offense under § 50-250(n), fined $25 to $500, and the county can record the violation as a lien against the property.

Frequently Asked Questions

What's the stormwater release rate limit for new development in Winnebago County?
New construction can't release runoff faster than 0.2 cubic feet per second per acre, the rate County Code § 50-247(a)(2) sets as the natural safe drainage capacity of the downstream system. Detention or retention facilities sized to that rate are required for most non-agricultural development; the engineering specifics are in the county's Technical Regulations, on file with the county clerk.
Do I need a permit before grading or building near a drainage way?
Yes, if the land-disturbing activity is covered by Article IV of Chapter 50. A surface water management permit application goes to the county administrator (the county engineer) with a fee set by the Surface Water Management Fee Schedule under § 50-256, and construction generally can't start until the permit and any required erosion and sediment control plan are approved.
Are farms and existing houses exempt from the detention rate?
Yes. Section 50-247(a)(2) exempts traditional agricultural uses, single-family homes on lots recorded before June 24, 1982, modifications to existing single-family homes that stay single-family, land draining directly into the Rock, Pecatonica, Sugar or Kishwaukee Rivers, and roadway resurfacing that doesn't add traffic lanes.
What happens if I skip the erosion control plan?
The county engineer can issue a stop-work order that halts all construction activity on the site immediately under § 50-250(c)-(d), and you won't get a certificate of occupancy until the violation is corrected. Continuing work after a stop-work order, or submitting inaccurate plans, is a separate, additional petty offense under § 50-250.

Sources & Official References

Other rules in Winnebago County

All Winnebago County rules

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