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McHenry County, IL Landscaping Rules: Rainwater Harvesting (2026)

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

Key Facts

Permit needed for a rain barrel
No, exempt as landscaping
Governing chapter
Stormwater Management Ordinance, Ch. 17.60
Classification
Recognized green infrastructure, § 17.60.270
Exemption basis
No filling, grading, or berm construction
Max fine for a real violation
$750 per offense, per day
Administering agency
McHenry County Stormwater Commission (MCSC)

Summary

Unincorporated McHenry County treats rain barrels and cisterns as approved green infrastructure under its Stormwater Management Ordinance, not as regulated development. Installing one for landscaping is exempt from a stormwater permit because it involves no filling, grading, or berm construction, and the same ordinance lets larger developments count harvested rainwater toward the water quality treatment they must otherwise provide.

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.

§ 17.60.020(C)(1): Development that consists solely of the following activities shall be exempt from the requirements of this Ordinance, upon review and verification by the Enforcement Officer: ... e. Gardening and landscaping that does not involve filling, grading, or the construction of berms; ... § 17.60.270 (Appendix 12: Definitions): green infrastructure: Any stormwater management technique or practice that reduces runoff volume through preserving, restoring, utilizing, or enhancing the processes of infiltration, evapotranspiration, and reuse. Approaches may include, but not be limited to, green roofs, naturalized detention facilities, trees and tree boxes, rain gardens, vegetated swales, wetlands, infiltration planters, porous and permeable pavements, porous piping systems, dry wells, vegetated median strips, reforestation/revegetation, rain barrels and cisterns, and protection and enhancement of riparian buffers and floodplains. ... § 17.60.060(B)(7)(a)(1): All sites shall provide water quality treatment using existing or proposed best management practices or green infrastructure methods specifically designed for water quality treatment.

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 Stormwater Management Ordinance (Ch. 17.60, adopted by Ord. O-2020-09-15) does not require unincorporated property owners to obtain a stormwater management permit before installing a rain barrel, cistern, or rain garden for landscaping. Section 17.60.020(C)(1)(e) exempts "gardening and landscaping that does not involve filling, grading, or the construction of berms" from the ordinance's permit requirements entirely, so a homeowner catching roof runoff in a barrel or buried cistern for garden irrigation never triggers the Enforcement Officer review that larger regulated development faces.

The ordinance's definitions appendix, § 17.60.270, formally recognizes rain barrels and cisterns as "green infrastructure," the same category as green roofs, rain gardens, and vegetated swales, defined as any technique that "reduces runoff volume through preserving, restoring, utilizing, or enhancing the processes of infiltration, evapotranspiration, and reuse." That classification matters for larger sites: under § 17.60.060(B)(7)(a)(1), any regulated development creating new impervious area must provide water quality treatment, and the code lets an applicant satisfy that using "existing or proposed best management practices or green infrastructure methods specifically designed for water quality treatment," meaning a builder can count rain barrels or cisterns toward the same standard a detention pond or hydrodynamic separator meets.

McHenry County sits over a sole-source aquifer, and the ordinance's stated purpose at § 17.60.010(C)(1)(h) is in part to "protect the quantity and quality of groundwater resources." The McHenry County Stormwater Commission (MCSC) and, within their own borders, each Certified Community administer the ordinance; a property owner outside those municipal boundaries answers to MCSC staff directly if a project is ever questioned.

Violations & Fines

Rainwater harvesting itself carries no penalty because it is exempt landscaping. But if a rain barrel or cistern is installed as part of a larger regulated development and the water quality feature it was credited toward is never built or is altered without approval, § 17.60.090 applies: a fine up to $750 per offense, with each day of noncompliance a separate offense, plus a mandatory minimum $100 fine per conviction and court costs.

Frequently Asked Questions

Do I need a permit to install a rain barrel in unincorporated McHenry County?
No. Section 17.60.020(C)(1)(e) of the county's Stormwater Management Ordinance exempts gardening and landscaping activity that does not involve filling, grading, or building a berm, and a rain barrel or buried cistern collecting roof runoff for garden use falls squarely inside that exemption, so no stormwater management permit application is required.
Does the county actually encourage rainwater harvesting?
It recognizes it directly. Appendix 12 of the ordinance, § 17.60.270, defines "green infrastructure" to include rain barrels and cisterns alongside rain gardens and vegetated swales, and § 17.60.060(B)(7)(a)(1) lets developers use green infrastructure methods to satisfy the water quality treatment requirement that otherwise applies to increased impervious area on regulated development sites.
Can a large development get credit for rainwater harvesting instead of building a detention pond?
Only for the water quality treatment portion of its performance standards, not for required stormwater storage volume. Section 17.60.060(B)(7)(a)(1) allows green infrastructure methods, defined to include rain barrels and cisterns, to meet the water quality treatment standard for increased impervious area; detention and release-rate requirements are separate standards entirely.
What happens if a required green infrastructure feature is removed later?
That is treated as a violation of the ordinance the same as any other unpermitted change to an approved stormwater plan. Section 17.60.090 sets a fine of up to $750 for each offense, with every day of continued noncompliance counted as a separate offense, plus a minimum $100 fine and court costs on conviction.

Sources & Official References

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