Kane County, IL Landscaping Rules: Native Plants (2026)
Key Facts
- Protected species
- 851, per Illinois Natural History Survey
- Exempted from
- 12-inch grass cap and weed ban
- Also exempt
- public nature areas, government land
- Not exempt
- listed noxious weeds like thistle, kudzu
- Separate exemption
- ag-zoned/used land, all vegetation
Summary
Kane County exempts recognized prairie plants from its weed and yard-maintenance nuisance rules, so a natural or native landscape doesn't have to be mowed to the twelve-inch grass limit or treated as a noxious weed violation. The carve-out covers any of the 851 species the Illinois Natural History Survey tracks as prairie plants.
PRAIRIE PLANTS: Any one of eight hundred fifty one (851) species of plants defined as a prairie plant by the Illinois plant information network maintained by the Illinois Natural History Survey. This list may be found at http://www.inhs.illinois.edu/~kenr/prairieplants.html. ... Excluded from the provisions of this subsection are prairie plants, lands or portions of any lands located in a public nature area, and any property owned or leased by a unit of government. ... Excluded from the provisions of this subsection are prairie plants.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-17: Code current through: Ord. 26-183, passed 4-14-2026).
Full Breakdown
Kane County Code § 15-1 defines 'prairie plants' as any of eight hundred fifty one species identified as a prairie plant by the Illinois plant information network maintained by the Illinois Natural History Survey, which publishes the list online. That definition matters because two of the county's nuisance rules build an exception around it. Section 15-2(A)(1), the noxious-weeds ban, prohibits keeping, maintaining or growing noxious weeds or other vegetation that creates a health or safety hazard, but expressly excludes prairie plants from that ban, along with land in a public nature area and property owned or leased by a unit of government.
' Together the two exclusions mean a homeowner who plants a native prairie garden, however tall the vegetation grows, is not automatically cited the way an overgrown lawn or a patch of Canada thistle would be. The protection is specific to the state's tracked species list, though, not a blanket native-plants defense: § 15-1 separately defines 'noxious weed' as species listed in the Illinois Noxious Weed Rule, including marihuana, Canada thistle, perennial sowthistle, musk thistle, johnsongrass and kudzu, and those remain banned even if they appear inside an otherwise exempt planting.
Farmland gets its own, broader exemption: § 15-3 excuses any parcel that is both zoned and primarily used for agriculture from the whole nuisance chapter, independent of whether the vegetation on it qualifies as a prairie plant.
Violations & Fines
If a code officer cites vegetation as an overgrown yard or noxious weed under § 15-2, a property owner can raise the prairie-plant exclusion as a defense by showing the growth matches the Illinois Natural History Survey's tracked species list. The exclusion doesn't cover species the Illinois Noxious Weed Rule separately bans, such as Canada thistle or kudzu; those still draw a notice of violation and fines of up to $500 per day under § 15-6 regardless of how the rest of the yard is landscaped.
Frequently Asked Questions
Can I let a native prairie garden grow taller than 12 inches in unincorporated Kane County?
Does the prairie-plant exemption protect invasive species like kudzu or Canada thistle?
How many species qualify as protected prairie plants?
Is a working farm covered by the prairie-plant exemption too?
Sources & Official References
Other rules in Kane County
Compare Kane County to another location·View the Illinois landscaping rules overview
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