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Kendall County, IL Short-Term Rentals: Occupancy Limits (2026)

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

These county ordinances apply to unincorporated areas of Kendall County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(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?
Section 22-149(h) sets an absolute cap of sixteen occupants for any short-term rental in the unincorporated County, no matter how many bedrooms the home has or what sewage system serves it.
How does the septic system affect occupancy limits?
If the short-term rental uses a private sewage disposal system, Section 22-149(h) limits occupancy to whatever number of bedrooms the septic system is permitted to serve under the Illinois Private Sewage Disposal Code, even if the house has more bedrooms.
What if my rental is on public sewer instead of septic?
On a public sewage system, Section 22-149(h) calculates maximum occupancy at one occupant per fifty square feet of space in each bedroom, subject always to the sixteen-person county-wide ceiling.

Sources & Official References

Other rules in Kendall County

All Kendall County rules

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