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McHenry County, IL Home Business: Home Daycare (2026)

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

Key Facts

Max enrollment
12 children unless state license sets lower
Hazard buffer
300 ft from gas stations, freight terminals
Residency rule
Operator must live in the dwelling
Allowed districts
A-1, A-2, E-1 through E-5, R-1 to R-3
Play equipment setback
10 ft from lot line, must be fenced
Governing section
UDO § 16.56.030(M)

Summary

Unincorporated McHenry County allows a home day care by right in every agricultural, estate and residential zoning district (A-1 through R-3) under UDO § 16.56.030(M). The operator must live in the home, cap enrollment at twelve children unless licensed for fewer, and keep the site 300 feet from hazardous land uses like gas stations or freight terminals.

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.

M. Day Care Home.

1. The day care home operator must live in the dwelling to be used as a day care home.

2. Day care homes shall meet all state regulations including, but not limited to, caring for a maximum of twelve (12) children unless licensed for a lesser number, and minimum outdoor area requirements, licensing, and health, safety, and building code requirements.

3. No portion of a day care home may be located within a three-hundred-foot (300') distance from any potentially hazardous land use or activity which could pose a threat to the safety and welfare of the children and other occupants at the facility. Hazardous land uses or activities include, but are not limited to, gas stations, heavy industrial, storage of flammable or high-pressure underground pipelines, truck or rail freight terminals, and similar uses.

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

McHenry County's Unified Development Ordinance treats a home day care as an accessory use of a residence rather than a separate business location, so Table 16.32-1 lists it as permitted by right in every agricultural, estate and residential district the county has: A-1, A-2, E-5, E-3, E-2, E-1, R-1, R-2 and R-3. It is not permitted in the B-1, B-2, B-3, O, I-1 or I-2 commercial and industrial districts, where a stand-alone facility instead falls under the separate Day Care Center standard.

Section 16.56.030(M) sets nine operating conditions. The person running the day care must actually live in the dwelling; the county will not approve an absentee-operator arrangement. State law still governs the headcount, capping enrollment at twelve children unless the operator's state license sets a lower number, along with minimum outdoor play area, licensing, and health, safety and building-code requirements the state, not the county, administers. The county's own siting rule requires 300 feet of separation between any portion of the home used for the day care and a hazardous land use, gas stations, heavy industrial sites, flammable or high-pressure pipeline storage, and truck or rail freight terminals among the examples named.

Physical-site conditions follow: additions built to accommodate the day care must preserve the home's residential scale, bulk, height, roof pitch and materials and still need a building or zoning permit; unsafe features near an outdoor play area, open ditches, wells, heavy street traffic, must be fenced or otherwise physically barred; play equipment areas need a ten-foot setback from any abutting lot line and must themselves be fenced; signage is capped under the home-occupation standards of Chapter 16.72; and the home must display clear house numbers so it is identifiable to inspectors and emergency responders.

Violations & Fines

Running a home day care without living on-site, without the required 300-foot hazard buffer, or without fencing an unsafe play area violates § 16.56.030(M) and is enforced as a zoning violation by the McHenry County Planning and Development Department, which can deny or revoke the zoning certificate tied to the home occupation. Exceeding the twelve-child cap or operating without the required state license is a separate violation of the state day-care licensing law referenced in § 16.56.030(M)(2).

Frequently Asked Questions

Do I have to live in the house where I run my McHenry County home day care?
Yes. Section 16.56.030(M)(1) requires the day care home operator to live in the dwelling used for the day care. The county will not approve a home day care at a property where the operator does not reside, distinguishing it from the stand-alone Day Care Center use allowed only in business and industrial districts.
How close can a McHenry County home day care be to a gas station?
Not closer than 300 feet. Section 16.56.030(M)(3) bars any portion of a day care home from sitting within a three-hundred-foot distance of a hazardous land use, expressly naming gas stations, heavy industrial uses, flammable or high-pressure pipeline storage, and truck or rail freight terminals as the threat the buffer is meant to prevent.
How many children can a licensed home day care in McHenry County take?
Up to twelve, under § 16.56.030(M)(2), unless the operator's state license authorizes fewer. The county defers the occupancy cap, outdoor-area minimum, and licensing and building-code requirements to state regulation; its own added conditions cover residency, the 300-foot hazard buffer, fencing of unsafe play areas, and a ten-foot setback for play equipment from the property line.

Sources & Official References

Other rules in McHenry County

All McHenry County rules

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