McHenry County, IL Short-Term Rentals: Host Presence Rule (2026)
Key Facts
- Guest room cap
- No more than 5 guest rooms
- Host presence
- Operator must remain on premise with guests
- Permit type
- Conditional use permit in every district
- Parking
- 2 spaces plus 1 per guest room
- Penalty
- $100-$500 per week, separate offense
Summary
Unincorporated McHenry County only recognizes a short-term lodging use as a bed and breakfast if the operator remains on premise while guests are staying. Section 16.08.020 caps a bed and breakfast at five guest rooms, requires a conditional use permit in every zoning district that allows it, and pairs the use with 2 parking spaces plus 1 per guest room.
BED AND BREAKFAST. An operator- occupied DWELLING UNIT that provides lodging to the public for compensation in no more than five (5) guest rooms, where the operator remains on premise during the time that the DWELLING UNIT is utilized by guests and where the operator provides guests with additional services such as breakfast. A BED AND BREAKFAST serves the purpose of providing the opportunity for tourism or recreation to guests similar to a HOTEL/MOTEL or a VACATION RENTAL. A BED AND BREAKFAST does not serve the purpose of allowing guests to establish a permanent or short term residence.
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
020 as an operator-occupied dwelling unit that lodges the public for compensation in no more than five guest rooms, and the defining feature is that the operator remains on premise during the time that the dwelling unit is utilized by guests while also providing services such as breakfast. 020, VACATION RENTAL) is expressly defined without regard to whether the full-time resident remains on the premises, so the host-presence rule attaches only to the bed and breakfast use. 32-1 lists Bed and Breakfast as a conditional use in every zoning district where it is permitted at all, meaning an operator must secure a conditional use permit from the McHenry County Zoning Board of Appeals and County Board before opening, rather than obtaining it by right.
64-1 requires 2 parking spaces plus 1 additional space per guest room for the use. Because the operator's continuous on-premise presence and the breakfast service are both part of the statutory definition, a property that rents rooms without a resident operator does not qualify as a bed and breakfast under county law and instead falls under the vacation rental or boarding house provisions, each of which carries its own permitting path.
Violations & Fines
Operating a bed and breakfast without the required conditional use permit, or without the operator remaining on premise as the definition requires, is enforced as a zoning violation under § 16.84.010: a petty offense punishable by a fine of $100 to $500, with each week of continued violation treated as a separate offense. The County may also seek a circuit court order under § 16.84.020 to stop the unpermitted use, and any owner, operator, or agent involved can be cited and fined individually for the same violation.
Frequently Asked Questions
Does the host have to stay at a McHenry County bed and breakfast while guests are there?
Can I open a bed and breakfast in unincorporated McHenry County without a permit?
How much parking does a bed and breakfast need?
Is a bed and breakfast the same as a vacation rental under county rules?
Sources & Official References
Other rules in McHenry County
Compare McHenry County to another location·View the Illinois short-term rentals overview
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