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McHenry County, IL Short-Term Rentals: Host Presence Rule (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

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.

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.

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

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?
Yes. Section 16.08.020 defines a bed and breakfast as an operator-occupied dwelling unit where the operator remains on premise during the time guests are using it. A rental without a resident operator on site does not meet the definition and cannot be licensed as a bed and breakfast.
Can I open a bed and breakfast in unincorporated McHenry County without a permit?
No. Table 16.32-1 classifies Bed and Breakfast as a conditional use in every zoning district that allows it, so an operator must obtain a conditional use permit through the Zoning Board of Appeals and County Board before renting rooms, regardless of the district.
How much parking does a bed and breakfast need?
Table 16.64-1 requires 2 off-street parking spaces plus 1 additional space for every guest room. A five-room bed and breakfast, the county's cap, would need 7 spaces under that schedule.
Is a bed and breakfast the same as a vacation rental under county rules?
No. A bed and breakfast requires the operator to remain on site and to provide services like breakfast; a vacation rental, defined in the same section, applies regardless of whether the full-time resident stays on the premises. The two uses carry different definitions and different permit tests.

Sources & Official References

Other rules in McHenry County

All McHenry County rules

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