Kendall County, IL Short-Term Rentals: Occupancy Limits (2026)
Key Facts
- Absolute occupancy ceiling
- 16 occupants, any system
- Public sewer formula
- 1 occupant per 50 sq ft/bedroom
- Private septic
- Capped to septic-permitted bedroom count
- Enforced by
- Planning, Building and Zoning Department
- Max fine
- $1,000 per violation
Summary
Short-term rentals in unincorporated Kendall County have occupancy set by bedroom count and septic capacity, but no short-term rental may ever house more than sixteen occupants regardless of home size or sewage system, under the county's registration ordinance.
(h)The maximum number of occupants in the short-term rental shall be set by the number of bedrooms and, if on a private sewage disposal system, the evaluation of the private sewage disposal system. If the short-term rental is on a public sewage system, the maximum occupancy shall be one (1) occupant per fifty (50) square foot of space in each bedroom. If on a private sewage system, the maximum occupancy in the short-term rental shall not exceed the occupancy for the number of bedrooms for which the private sewer system is sized as set forth in the Illinois Private Sewage Disposal Code, as amended from time to time. ... Regardless of sewage disposal system or number of bedrooms, the maximum number of occupants in the short-term rental shall not exceed sixteen (16).
Full Breakdown
Section 22-149(h) ties a short-term rental's maximum occupancy to its number of bedrooms and, for properties on a private sewage disposal system, to the Health Department's evaluation of that system's capacity. On a public sewage system, occupancy is capped at one occupant per fifty square feet of bedroom space. On a private septic system, occupancy cannot exceed what the system is permitted to serve under the Illinois Private Sewage Disposal Code, even if the home has more bedrooms than the septic system supports. Regardless of sewage system or bedroom count, Section 22-149(h) sets an absolute ceiling of sixteen occupants for any short-term rental in the unincorporated County.
The Kendall County Health Department evaluates the private sewage disposal system before the property is placed on the registry and again whenever the septic permit changes, and it will not clear a property for the registry if the system fails to meet the Illinois Private Sewage Disposal Code (Section 22-149(g)). The occupancy figure set at registration becomes part of the property's registry listing and life-safety file maintained by the Planning, Building and Zoning Department, and it is checked again at each required annual renewal inspection under Section 22-149(i).
Violations & Fines
Operating a short-term rental above its permitted occupancy is a registry violation: the Zoning Administrator may suspend or remove the property from the County registry, and Section 22-151(b) sets a fine of up to $1,000 per violation, with each day of continued violation charged as a separate offense. The State's Attorney may also seek an injunction to stop the rental's operation.
Frequently Asked Questions
What is the maximum number of guests allowed at a Kendall County short-term rental?
How does the septic system affect occupancy limits?
What if my rental is on public sewer instead of septic?
Sources & Official References
Other rules in Kendall County
Compare Kendall County to another location·View the Illinois short-term rentals overview
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