McHenry County, IL Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Non-public facility approval
- Case-by-case MCDOT special approval required
- Facility permit fee
- $300 application fee
- Franchised utility fee
- Waived with active County franchise
- Berm setback
- 10 ft plus 1.5x depth from ROW
- Unpermitted encroachment fine
- $500 per day, per item
- Insurance
- Certificate required before work starts
Summary
Placing anything private, a driveway culvert, a fence, a sign, in the right-of-way of a McHenry County Highway is barred by default. County Code § 10.12.360(D) lets the McHenry County Division of Transportation approve a non-public utility or facility only case-by-case, often on condition of a long-term financial guarantee, and every facility permit still costs $300 to file.
Non-public utilities or non-public facilities are limited for placement within County Highway rights-of-way. Special approval by the McHenry County Division of Transportation will be considered on a case-by-case basis. In the event that the McHenry County Division of Transportation determines that placement of a non-public utility or facility is permissible, the permittee may be required to provide as a condition of approval, a long-term financial guarantee, in a manner and form acceptable to the McHenry County Division of Transportation, to ensure that adequate financial resources are available to the McHenry County Division of Transportation to remove the non-public utility or non-public facility should the County require removal or relocation of the non-public utility or non-public facility and the permittee is no longer in existence, incapable, or refuses to perform said relocation or removal work.
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
McHenry County's Access Control and Right-of-Way Management Ordinance treats the right-of-way of every County Highway as reserved for roadway, drainage and public utility purposes. 360, a Public Utility Permit goes to any utility on the Illinois Commerce Commission's list or holding a County franchise agreement, and those franchised utilities pay no permit fee. Everyone else, a private landowner, business or non-franchised operator, falls under subsection D, Non-Public Utility and Facility Permits, and needs special, case-by-case approval from the McHenry County Division of Transportation (MCDOT) before placing anything in the right-of-way.
MCDOT can condition approval on a long-term financial guarantee so the County can remove the private facility later if the owner disappears or refuses to relocate it. 510 naming the County before work starts. 440 bars landscaping, decorative walls and fences in the right-of-way unless installed under an intergovernmental agreement for a municipal streetscape program.
Violations & Fines
An access, utility or facility built or placed in the right-of-way without the required permit is a separate offense under § 10.12.140: a $500 fine for each unpermitted item, with every day it remains in place counted as its own additional violation. MCDOT can also order removal at the owner's expense and refer plat-related violations to the County Engineer and State's Attorney.
Frequently Asked Questions
Can I put a fence or landscaping in the road right-of-way next to my McHenry County property?
How much does a private encroachment or facility permit cost in McHenry County?
What happens if I build in the right-of-way without a permit?
Sources & Official References
Other rules in McHenry County
Compare McHenry County to another location·View the Illinois sidewalk & pedestrian rules overview
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