McHenry County, IL Sidewalk & Pedestrian Rules: Obstruction Rules (2026)
Key Facts
- ROW obstruction ban
- Right-of-way must stay free of hazards
- Consent required
- Written MCDOT consent for closures, grading, landscaping
- Closure permit statute
- 605 ILCS 5/5-414
- Grading/drainage statute
- 605 ILCS 5/9-117
- Landscaping-in-ROW statute
- 605 ILCS 5/9-118
- Unpermitted obstruction fine
- $500 per day
Summary
McHenry County keeps every County Highway right-of-way legally clear: § 10.12.410 forbids any activity that obstructs traffic or poses a safety hazard without the prior written permission of the McHenry County Division of Transportation. That covers grading, drainage work, landscaping and temporary closures alike, all governed by specific permits under the same Access Control Ordinance.
In order to safeguard the users of the County Highway System, the County's right-of-ways must be kept free of obstructions that pose, or potentially may pose, a safety or operational hazard to the public. Disruptions to traffic that affect, or could potentially affect, the flow of traffic in a detrimental manner shall not occur without the prior permission of the McHenry County Division of Transportation. To ensure the safe and efficient flow of traffic on the County Highway System, no activity shall take place within the County Highway right-of-ways that inhibits the County's ability to maintain, operate and improve the County Highway System.
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
410, states flatly that McHenry County's right-of-ways must stay free of anything that poses or could pose a safety or operational hazard, and that no activity may take place in the right-of-way that inhibits the County's ability to maintain, operate or improve the County Highway System. 1 sets the required offset for detention basins and berms, 605 ILCS 5/9-117 requires a permit for grading and drainage work in the right-of-way, and 605 ILCS 5/9-118 requires one for landscaping. Any municipal corporation, government entity, or private person or association must get the McHenry County Division of Transportation's written consent before altering the right-of-way through landscaping, grading, or changes to drainage flow, or before temporarily closing a County Highway.
250(E), and existing above-ground utilities left in a newly dedicated right-of-way must be relocated to its outer edge at the owner's expense. Underground lines that would disrupt the pavement during routine maintenance must also be relocated out from under the proposed pavement, shoulders or curb lines, and this obstruction framework applies equally to unincorporated subdivisions, farm access points and any private party seeking to alter County right-of-way.
Violations & Fines
Obstructing or altering the right-of-way without the required permit is enforced the same way as any other unpermitted work under § 10.12.140: a $500 fine for the violation, with each day the obstruction remains counted as a separate offense. MCDOT can also stop unsafe work outright and require the obstruction removed and the right-of-way restored at the responsible party's expense.
Frequently Asked Questions
Can I leave a pile of debris or a sign in the county road right-of-way?
Do I need county permission to grade or add drainage near a county road?
What if my planned street closure or work blocks traffic on a county highway?
Sources & Official References
Other rules in McHenry County
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