McHenry County, IL Short-Term Rentals: Primary-Residence-Only Rule (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.
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.
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?
At what point does a vacation rental need a permit in unincorporated McHenry County?
What counts as a short-term rental period under the county's rule?
Is a vacation rental different from a bed and breakfast if no one lives on site?
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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