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McHenry County, IL Short-Term Rentals: Primary-Residence-Only Rule (2026)

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

Key Facts

Primary residence required?
No, occupancy status is not a factor
Permit trigger
Over 12 rentals or 90 days per year
Permit type
Conditional use permit under §16.56.030VV
Rental period
Stays under 30 consecutive days count
Penalty
$100-$500 per week, separate offense

Summary

Unincorporated McHenry County's vacation rental definition applies regardless of whether the dwelling is the operator's full-time residence, so there is no rule confining short-term rentals to a host's primary home. Any dwelling rented more than 12 times or 90 days a year to short-term guests instead needs a conditional use permit under § 16.56.030VV.

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.

VACATION RENTAL. A furnished DWELLING UNIT, or portion thereof, that is rented or offered for rent for more than twelve (12) rental periods per calendar year or more than ninety (90) days per calendar year to guests on a nightly, daily, weekly, or any other occupancy period of less than thirty (30) consecutive days regardless of whether or not the DWELLING UNIT is occupied as a full time residence or whether or not the full time resident remains on the premise during the time that the DWELLING UNIT is utilized by guests, but where the operator does not provide guests with any additional services such as breakfast. ... VV. Vacation Rental. Dwelling units, or portions thereof, that are offered as vacation rentals for more than twelve (12) rentals per calendar year or more than ninety (90) days per calendar year shall obtain a conditional use permit prior to occupancy.

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 defines VACATION RENTAL as a furnished dwelling unit, or portion of one, rented for more than twelve rental periods or more than ninety days per calendar year to guests staying fewer than thirty consecutive days, and the definition says this applies regardless of whether or not the dwelling unit is occupied as a full time residence or whether or not the full time resident remains on the premise while guests are using it. That single sentence is the county's answer to whether a vacation rental must be the operator's primary residence: it explicitly is not a factor, unlike the bed and breakfast use in the same section, which does require the operator to live on site.

What does trigger county oversight is volume and duration, not occupancy status. 030VV requires any dwelling unit or portion offered as a vacation rental for more than twelve rentals per calendar year, or more than ninety days per calendar year, to obtain a conditional use permit before occupancy begins, whether or not the owner ever lives there. 32-1 lists Vacation Rental as permitted subject to that standards section across the county's zoning districts, so the use is broadly allowed by right up to the 12-rental/90-day threshold and shifts to conditional-use review only once a property crosses it.

An investment property rented out full time as short-term lodging is treated the same as an owner's part-time vacation home under this framework; both are measured by the same rental-count and day-count test.

Violations & Fines

Renting a dwelling as a vacation rental beyond the twelve-rental or ninety-day threshold without first obtaining the required conditional use permit is a zoning violation under § 16.84.010, punishable by a fine of $100 to $500 as a petty offense, with each week of continued violation treated as a separate offense. The County may also pursue a circuit court action under § 16.84.020 to enjoin the unpermitted use, and any owner, operator, or agent participating in the violation can be fined individually.

Frequently Asked Questions

Do I have to live in my McHenry County vacation rental to operate it legally?
No. Section 16.08.020 defines vacation rental in a way that applies regardless of whether the unit is occupied as a full time residence, so an investment property rented purely for short-term guests is treated the same as a part-time vacation home under the ordinance.
At what point does a vacation rental need a permit in unincorporated McHenry County?
Once a dwelling is rented more than twelve times per calendar year or for more than ninety days per calendar year to short-term guests, § 16.56.030VV requires a conditional use permit before occupancy, regardless of who owns it or whether the owner ever stays there.
What counts as a short-term rental period under the county's rule?
Any occupancy period of less than thirty consecutive days counts toward the vacation rental total under § 16.08.020, whether the guest stays a single night, a week, or several weeks, so long as it stays under the thirty-day mark.
Is a vacation rental different from a bed and breakfast if no one lives on site?
Yes. A vacation rental's definition does not require the operator or resident to remain on premise, while a bed and breakfast is defined specifically as operator-occupied. A property with no one living there can still qualify as a vacation rental but not as a bed and breakfast.

Sources & Official References

Other rules in McHenry County

All McHenry County rules

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