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

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

Key Facts

Governing code
McHenry County Code § 17.60.020
Permit trigger
5,000 sq ft of disturbance, or more
Enforcing body
McHenry County Stormwater Commission
Max fine
$750 per offense, per day
Minimum fine
$100 plus court costs
Ordinance adopted
September 15, 2020

Summary

McHenry County requires a stormwater management permit before any regulated development, land disturbing 5,000 square feet or more, work in a flood hazard area, or in a wetland, under the Stormwater Management Ordinance § 17.60.020. Violations run up to $750 per day, with a $100 court-cost floor.

These county ordinances apply to unincorporated areas of McHenry County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

No person, firm, corporation or governmental agency, unless specifically exempted, shall commence any regulated development without first obtaining a stormwater management permit. Unless it is specifically exempted...any activity that meets any of the following criteria, is considered regulated development: a. Any development that is located partially or completely in a flood hazard area; or b. Any development located partially or completely within the boundary of a wetland or waters; or c. Any development that hydrologically disturbs 5,000 square feet or more; or d. Any development that hydrologically disturbs 50% or more of a parcel...

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2025 S-5: Supplement contains: Local legislation current through Ord. A25-0037, passed 8-19-2025 | State legislation current through ALS 2025 Pamphlet No. 1).

Full Breakdown

020A). No person, firm, corporation, or governmental agency may commence regulated development without first obtaining a stormwater management permit, unless specifically exempted. 020B defines regulated development broadly: any development located partially or completely in a flood hazard area or wetland, any development that hydrologically disturbs 5,000 square feet or more or 50% or more of a parcel, any development adding 20,000 square feet of impervious area since the ordinance took effect, and several other triggers tied to platting dates and prior permit conditions. 010). 030 streamline routine, smaller-scale work such as sidewalks, decks, seawalls, and minor culvert work, waiving the full application process where the applicable terms and conditions are met.

Violations & Fines

Failing to obtain a required permit, violating a permit condition, or violating a stop-work order is a violation subject to a fine of not more than $750 per offense, with each day of continued violation a separate offense; any guilty verdict carries a minimum fine of $100 plus court costs (§ 17.60.090A-B). The Enforcement Officer may also revoke the permit, require an after-the-fact permit application, order the site restored, issue a stop-work order, seek injunctive relief and attorney's fees, and record the violation against the property at the County Recorder of Deeds (§ 17.60.090C).

Frequently Asked Questions

What triggers a stormwater permit requirement in unincorporated McHenry County?
Section 17.60.020B lists several triggers: any development partly or wholly in a flood hazard area or wetland, hydrologic disturbance of 5,000 square feet or 50% of a parcel, or adding 20,000 square feet of new impervious area since the ordinance's effective date, among others.
Who enforces McHenry County's stormwater rules, the county or my township?
It depends on location. Certified Communities enforce the ordinance within their own jurisdictions, while the McHenry County Stormwater Commission (MCSC) administers and enforces it everywhere else in the county, per § 17.60.020A.
How much can I be fined for stormwater violations in McHenry County?
Up to $750 for each offense, with every day a violation continues counted as a separate offense, and any guilty verdict carrying a minimum fine of $100 plus court costs under § 17.60.090A and B.
Are small projects like a deck or sidewalk exempt from a full stormwater permit?
They may qualify for a General Permit instead of full review. Section 17.60.030 lists routine projects, including decks, sidewalks, seawalls, and minor culvert work, that MCSC or a Certified Community can authorize under streamlined terms and conditions.

Sources & Official References

Other rules in McHenry County

All McHenry County rules

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