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McHenry County, IL Fire Regulations: Outdoor Burning (2026)

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

Outdoor burning rules in McHenry County, IL, also called the burn ban, open burning, or fire restriction ordinance, set when you can burn yard waste, debris, or run a recreational fire.

Key Facts

Allowed months
Oct, Nov, Apr, May only
Allowed days/hours
Weekends, dawn to dusk
Distance from habitable structure
100 ft minimum
Wind limit
No burning over 10 mph
Bonfire permit
McHenry Co. Dept. of Health, 2 days' notice

Summary

Unincorporated McHenry County limits open burning to landscape waste and brush, on weekends between dawn and dusk in October, November, April and May only, under § 8.04.090. Fires must stay at least 100 feet from a habitable structure and 50 feet from any other structure, can't run in winds over 10 mph, and burning garbage, manure or litter is banned outright.

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.

Open burning of landscape waste shall not take place within one hundred feet (100') feet of a habitable structure. ... Open burning of landscape waste shall not take place less than fifty feet (50') from any structure that is not habitable. ... The burning of manure, garbage, litter or any materials other than landscape waste and/or brush is prohibited on any property in McHenry County. ... Burning is permitted only on weekends, between dawn and dusk, during the months of October, November, April and May. ... Burning is not permitted when the wind is in excess of ten (10) miles per hour.

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

Section 8.04.090 of the McHenry County Public Health Ordinance regulates open burning countywide outside incorporated towns. The prohibition in § 8.04.090(B)(2) bars open burning of landscape waste within 100 feet of a habitable structure, within 50 feet of any non-habitable structure, and bans burning manure, garbage, litter or any material other than landscape waste and brush anywhere in the County. Where burning is allowed, § 8.04.090(B)(3)(c) restricts it to the property where the waste was generated, to weekends between dawn and dusk, and only during October, November, April and May; it may not proceed in winds over 10 miles per hour, must use only dry landscape waste or brush, and can't happen on a road, alley, sidewalk, easement, or anywhere it creates a visibility hazard for traffic, railroads or airfields. Every fire needs a supervisor at least 18 years old and a fire extinguisher, hose or other water source on site under § 8.04.090(B)(4).

The Ordinance carves out exceptions in § 8.04.090(B)(1): prescribed ecological burns, habitat-reclamation burns, firefighter training, small recreational fires in a fireplace or contained outdoor burner, and recreational fires of brush are exempt from the distance and seasonal limits. A ceremonial fire or bonfire needs advance notice to the local fire protection district and a permit from the McHenry County Department of Health filed at least two business days ahead; skipping either is itself a violation. The County Board Chairman may suspend all open burning during emergencies or fire-safety conditions under § 8.04.090(B)(2)(d).

Violations & Fines

Burning outside the allowed days, hours, months, or distances, or burning anything other than dry landscape waste and brush, violates § 8.04.090 and is punishable under § 8.04.050: a fine of $100 to $1,000 per day, with prior burning convictions and any burning of toxic material counted as aggravating factors that can raise the fine. The Department of Health, law enforcement, and local fire departments and protection districts can all enforce the ban.

Frequently Asked Questions

What months can I burn brush outdoors in McHenry County?
Only October, November, April and May, and only on weekends between dawn and dusk, under § 8.04.090(B)(3)(c). Burning is barred in winds over 10 mph and must use only dry landscape waste or brush generated on the same property; anything else, including garbage, manure or litter, can't be burned at all.
Do I need a permit for a bonfire in McHenry County?
Yes, if it's a ceremonial fire or bonfire rather than a small recreational fire. You must notify the local fire protection district and get a permit from the McHenry County Department of Health at least two business days beforehand; skipping either notice or the permit is itself a violation of § 8.04.090.
How close to my house can I legally burn landscape waste?
At least 100 feet from any habitable structure and 50 feet from a non-habitable one like a shed, under § 8.04.090(B)(2). Those minimums apply on top of the seasonal, weekend-only, daylight-hours restriction, so a fire that meets the distance rule can still be illegal if it's burned on a weekday.

Sources & Official References

Other rules in McHenry County

All McHenry County rules

How McHenry County compares: Cities with the Strictest Outdoor Burning Rules·Compare McHenry County to another location·View the Illinois fire regulations overview

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