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McHenry County, IL Landscaping Rules: Native Plants (2026)

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

Key Facts

State law
765 ILCS 167 (Native Landscaping Act)
Associations
Cannot ban native plantings
Height limits
Association can't impose them
Condition
Keep free of weeds/invasives
County buffers
Native vegetation, 30-100 ft

Summary

Illinois' Homeowners' Native Landscaping Act bars community associations from banning native-species plantings that are kept free of weeds and don't encroach on neighbors. McHenry County's stormwater buffer areas along waterways must be maintained in native vegetation.

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.

An Association shall not prohibit any resident or owner from planting or growing Illinois native species on the resident's or owner's lawn so long as the area is maintained predominantly free of weeds, invasive species, and trash.

Full Breakdown

Under the Homeowners' Native Landscaping Act (765 ILCS 167/10), an association cannot prohibit residents from planting Illinois native species as long as the area stays predominantly free of weeds, invasive species, and trash and does not extend onto neighboring properties, sidewalks, or streets. Associations may adopt reasonable rules but cannot impose height restrictions or block proper maintenance. Statewide, native prairie and pollinator gardens are protected. Separately, McHenry County's Stormwater Management Ordinance requires vegetated buffer areas around Waters of the United States and Isolated Waters of McHenry County - generally 30 to 100 feet - kept in native vegetation. Municipal eight-inch weed limits still apply to genuinely unmanaged growth.

Violations & Fines

Native gardens themselves are protected from association bans. However, a landscape that is not maintained - overrun with listed noxious weeds or invasive species - can still be cited as nuisance greenery under local weed ordinances.

Frequently Asked Questions

Can my HOA force me to remove a native prairie garden?
No. Under 765 ILCS 167, associations cannot prohibit Illinois native plantings kept free of weeds and invasives that don't encroach on neighbors, sidewalks, or streets.
Do native gardens escape the weed ordinance entirely?
Not entirely. A planned, maintained native landscape is protected, but truly unmanaged growth with listed noxious weeds can still be cited under local nuisance-greenery rules.

Sources & Official References

Other rules in McHenry County

All McHenry County rules

Compare McHenry County to another location·View the Illinois landscaping rules overview

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