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McHenry County, IL Tree Protection: Protected Tree Species (2026)

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

Key Facts

Desirable-species trigger
4 inches DBH or larger
Other-tree trigger
8 inches DBH or larger
Replacement basis
Inch-for-inch, Table 16.76-3
Neighbor buffer
Protects trees within 10 ft of line
Mass-removal penalty
1-year subdivision review freeze
Enforcement
Zoning Enforcement Officer, 30-day cure

Summary

McHenry County protects desirable native trees on land proposed for subdivision under conservation design. Any desirable native species four inches DBH or larger, and any other tree eight inches DBH or larger except prohibited species, must be surveyed and preserved wherever practical before the County approves a plat.

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.

To the greatest extent possible, significant trees and tree stands that meet the tree inventory and protection standards should be incorporated into protected open space. ... The survey shall consist of a scaled drawing that shows the location of all desirable native tree species listed in this section having a diameter at breast height (DBH) of four (4) or more inches. The inventory shall also include all other existing trees with a DBH of eight (8) or more inches, excluding prohibited tree species listed in this section.

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

76 (Subdivision Standards), a preliminary plat for any qualifying conservation-design subdivision must include a tree survey and tree preservation proposal prepared by a qualified arborist or forester before the Planning and Development Committee can act. 76-5. 030 when a subdivision of more than five lots sits within 100 feet of a McHenry County Natural Area Inventory site or a high-quality wetland, or when woodlands, wetlands, floodplains, aquifer recharge areas and similar resources cover 20 percent or more of the site plus its 200-foot buffer, tying tree protection directly to the County's aquifer-recharge and groundwater program.

Once trees are flagged, the County requires a protective fence around the critical root zone with signage, bars mass cutting or clear-cutting of woodland areas outright, requires boring rather than trenching for utilities near roots, and extends protection to any neighboring desirable tree within ten feet of the property line. Where mass removal or clear-cutting of desirable native trees has already occurred, the Staff Plat Review Committee will not accept or review a subdivision application for one full year. 5-inch trees for anything 26 inches or larger, or the County may accept a fee in lieu of planting.

Violations & Fines

The Zoning Enforcement Officer administers this section. Under Section 16.76.090(J), if an open-space management entity violates the tree-protection terms, the Officer issues written notice demanding corrective action and restoration of the damaged property; failing to cure within 30 days triggers enforcement action under the Ordinance's general provisions. Where immediate damage is threatened, the County may enter dedicated open space and act without prior notice. Separately, mass or clear-cut removal of desirable trees before subdivision approval blocks County review of that plat for one year.

Frequently Asked Questions

Does this rule apply to my existing home in unincorporated McHenry County?
No. Tree protection under Section 16.76.090 applies only to land going through subdivision under conservation design triggers, not to existing single lots. It attaches when a proposed subdivision meets the Section 16.76.030 triggers, such as sitting near a Natural Area Inventory site or having 20 percent or more of its area in woodlands, wetlands or aquifer recharge zones.
Which trees count as protected?
Any desirable native species listed on Table 16.76-4, oaks, hickories, sugar maple, hornbeam, and similar species, at four inches DBH or larger, plus any other tree at eight inches DBH or larger that is not one of the 16 species barred on Table 16.76-5, such as buckthorn or tree of heaven.
What happens if a developer clear-cuts before applying?
The Staff Plat Review Committee will not accept or review a subdivision application for one year after mass removal or clear-cutting of desirable native trees, and the County can still require replanting and a permanent tree preservation easement over the cleared area.
Can removed trees just be replaced with any tree?
No. Replacement trees must come from the desirable native list, use local genotypes from within a 250-mile radius, and must be equal or superior quality; oak and hickory removed from oak-hickory savanna must be replaced with oak and hickory, and no evergreen species qualifies as a replacement.

Sources & Official References

Other rules in McHenry County

All McHenry County rules

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