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McHenry County, IL Property Maintenance: Vacant Lot Maintenance (2026)

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

Key Facts

Trigger distance
Weeds within 150 ft of property line
Enforcing agency
McHenry County Department of Health
Fine range
$100 to $1,000 per day
Cure period
10 days after written notice
Regulated species
Canada thistle, Johnson grass, Kudzu, more

Summary

Unincorporated McHenry County law makes it a public health nuisance to let noxious weeds stand within 150 feet of any property line, whether the lot is built on or vacant. Section 8.04.080(E) names specific weeds, including Canada thistle and Johnson grass, and the McHenry County Department of Health enforces the rule with written notice, a cure period, and misdemeanor fines.

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.

The following are declared public health nuisances prejudicial to the public health: ... E. Failing to eradicate all noxious weeds within 150 feet of any property line. ... "Noxious Weed" means Canada thistle (Cirsium arvense), perennial Sowthistle (Sonchus arvensis), Musk Thistle (Carduus nutans), and perennial members of the sorghum genus including Johnson grass (Sorghum halepense), and Sorghum almum, Kudzu (Pueraria labata) and within the corporate limits of cities, villages, and incorporated towns, Giant ragweed (Ambrosia trifida L.) and Common ragweed (Ambrosia artemisiifolia L.).

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 8.04.080 of the McHenry County Public Health Ordinance declares a list of conditions to be nuisances prejudicial to public health across unincorporated territory, and subsection (E) covers weeds: failing to eradicate all noxious weeds within 150 feet of any property line. The Ordinance's definitions section, § 8.04.060, gives 'Noxious Weed' a specific botanical meaning rather than leaving it to the inspector's judgment: Canada thistle, perennial Sowthistle, Musk Thistle, Johnson grass and other perennial sorghum-genus plants, and Kudzu are noxious weeds countywide, while Giant ragweed and Common ragweed only count within the corporate limits of a city, village or incorporated town. Because the rule turns on distance from the property line rather than on whether a structure exists, it reaches an unmowed vacant parcel exactly as it reaches a weedy yard behind an occupied house.

Enforcement follows the same Article I procedure as every other Article II nuisance: an enforcing officer from the McHenry County Department of Health may inspect the lot, and a confirmed violation triggers a written notice under § 8.04.030(E) citing the subsection violated and giving the owner up to ten days to eradicate the weeds, with a right to request Health Authority review within that period. Where the Department views the growth as an immediate hazard, such as fire risk from dry noxious weeds, § 8.04.030(K) authorizes court-ordered emergency abatement at the owner's expense without advance notice.

Violations & Fines

A confirmed weed violation is a misdemeanor under § 8.04.050: fines run $100 to $1,000, and each day the weeds remain uncut past the notice deadline is a separate violation. The Department of Health can pursue a Circuit Court injunction with the State's Attorney's Office to force the cleanup, and may seek emergency court-ordered abatement under § 8.04.030(K), billing the mowing or clearing cost back to the property owner.

Frequently Asked Questions

Does the McHenry County weed rule apply to an empty, unbuilt lot?
Yes. Section 8.04.080(E) is written around distance from the property line, not around whether the parcel has a house on it, so a vacant lot with noxious weeds within 150 feet of its boundary is cited the same as an occupied yard.
What plants count as 'noxious weeds' under McHenry County's ordinance?
Section 8.04.060 defines the term to include Canada thistle, perennial Sowthistle, Musk Thistle, Johnson grass and other perennial sorghum-genus plants, and Kudzu, countywide. Giant ragweed and Common ragweed only trigger the rule inside the corporate limits of a city, village or incorporated town, not on unincorporated county land.
What happens if I ignore a McHenry County notice to cut noxious weeds?
You're guilty of a misdemeanor under § 8.04.050, with a fine of $100 to $1,000 and each additional day counted as a new violation. The County can also go to Circuit Court for an injunction, or in urgent cases get a court order to clear the lot and bill you for it.

Sources & Official References

Other rules in McHenry County

All McHenry County rules

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