Zoning, building permits and septic rules in McHenry, Illinois

McHenry’s own rules

• Building permitRequired

  Construction, alteration, repair, removal or demolition of any structure inside McHenry city limits.

  • Permit is issued by the city (building officer) after plans are checked against Title 11.
  • Exemptions from the permit requirement other than the cited sentence were not located in this pass.

  “a. building permit: it shall be unlawful to commence the construction, alteration, repair, removal or demolition of any structure in the city without obtaining a building permit from the city.”

• Building code adoptedPartial

  Building construction inside McHenry city limits.

  • Only the fuel gas code adoption (10-6-1, International Fuel Gas Code 2015 with city amendments) was opened and confirmed.
  • Title 10 lists chapter 2 building code, chapter 3 plumbing code, chapter 4 energy conservation code, chapter 7 mechanical code, chapter 9 residential code and chapter 11 electrical code; their adoption sections were not opened.
  • The adoption is stated as mandated by the state of Illinois.

  “be and is hereby adopted as mandated by the state of illinois for the control of buildings and structures as herein provided”

• InspectionsRequired

  New or remodeled premises inside McHenry city limits, before a certificate of occupancy issues.

  • The inspection is the zoning administrator's post-construction check before a certificate of occupancy.
  • Inspection schedules for individual building trades (electrical, plumbing, framing) were not located in this pass.

  “2. the zoning administrator shall issue no certificate of occupancy for a new or remodeled premises unless he or she has inspected the premises after completion of all construction and certified that the premises is in conformity with the plans on which the building permit was based.”

• Certificate of occupancyRequired

  Occupying or using any structure, land or premises in McHenry city, or changing its occupancy, in whole or in part.

  • Exempt: land used for agricultural cultivation.
  • Exempt: residential buildings with a change of occupancy that does not involve a change to a different permitted or conditional use.
  • A temporary certificate of occupancy for up to six months may be issued for occupancy or partial occupancy pending completion of construction or alterations.
  • The zoning administrator must issue or deny within twenty days of application and must give written reasons for a denial.

  temporary certificate of occupancy maximum period: <= 6 months (consistent with the safety of the occupants, for occupancy or partial occupancy pending completion of construction or alterations) · certificate of occupancy decision deadline: 20 days

  “1. it shall be unlawful to occupy or use any structure, land, water or premises in the city, or change the occupancy or use thereof, in whole or in part, without obtaining a certificate of occupancy from the city.”

• Local zoningPresent (with conditions)

  Land inside McHenry city limits; the city's own Title 11 Land Use Regulations (zoning) governs use and dimensional rules there.

  • Title 11 lists chapter 6 district regulations, chapter 7 A-1 agriculture district, chapter 8 residential districts and chapter 9 commercial districts; the district rules themselves were not opened in this research pass.
  • Zoning rules apply as conditions on use, not as a ban.

  “chapter 7: a-1 agriculture district chapter 8: residential districts chapter 9: commercial districts”

• Zoning districtsPartial

  Zoning district structure of McHenry city.

  • Title 11 names the district chapters (A-1, residential, commercial, office/industrial/mixed-use and overlay districts); the district map and district text were not opened.

  “chapter 7: a-1 agriculture district chapter 8: residential districts chapter 9: commercial districts”

• Subdividing landRegulated (with conditions)

  Land subdivision inside McHenry city limits.

  • Title 12 (Subdivision Control and Development) is listed in the city code table of contents; its text was not opened.
  • The planning and zoning commission's duties include land subdivision functions under the subdivision control ordinance.

  “19. carry out any other function concerning land subdivision or other matters that may be conferred upon it by the subdivision control ordinance, zoning ordinance, this code, or any other city ordinance”

• Permit processPartial

  Building permit and certificate of occupancy process inside McHenry city limits.

  • The building officer reviews plans against Title 11 before issuing a building permit.
  • The zoning administrator issues or denies a certificate of occupancy within twenty days of application.
  • Application forms, fees and the Title 10 administration chapter were not opened.

  “the building officer shall issue no building permit unless he or she has determined that the plans for the property for which the permit is sought comply with all applicable provisions of this title”

Rules another office applies inside McHenry

McHenry does not set these itself; the county, a health district or the state does, and they apply to every address inside its limits.

• Who permits septicCounty (with conditions)

  Onsite (septic) sewage systems on land inside McHenry city limits, where city sewer is not used; administered by the McHenry County Department of Health.

  • The county health department's service area is McHenry County; the page does not separately state a city carve-out.
  • Where public sewer is available, the city sanitary system is the route; septic is not the default.

  “a permit is required from the mchenry county department of health to install, modify, alter, extend, repair, replace or abandon a septic system in mchenry county.”

• Septic permitRequired

  Installing, modifying, extending, repairing, replacing or abandoning a septic system on land inside McHenry city limits.

  • Permit issued by the McHenry County Department of Health, Environmental Health Division (county-administered; applies inside McHenry city).
  • Holding tanks are allowed only in limited temporary circumstances, including awaiting connection to community sewer.

  “a permit is required from the mchenry county department of health to install, modify, alter, extend, repair, replace or abandon a septic system in mchenry county.”

• Off-grid sanitationLimited

  Onsite wastewater (off-grid sanitation) inside McHenry city limits, as administered by McHenry County.

  • Surface-discharging onsite systems are not allowed.
  • Holding tanks only in limited temporary circumstances, including less than 180 days while awaiting connection to community sewer.
  • Aerobic units are allowed only if they discharge to a compliant subsurface seepage system.
  • Installations, repairs or modifications must be done by Illinois Department of Public Health licensed septic contractors.

  “surface discharging onsite wastewater treatment systems are not allowed in mchenry county.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask McHenry or McHenry County directly.

• Owner-builder exemption — Owner-built homes inside McHenry city limits.
• Minimum dwelling size — Single-family dwelling minimum floor area in the main residential district inside McHenry city limits.
• Minimum lot size — Single-family residential lots in the main residential district inside McHenry city limits (also the A-1 agriculture district, unopened).
• Setbacks — Yard/setback requirements for single-family residential lots in the main residential district inside McHenry city limits.
• Lot coverage — Lot coverage for single-family residential lots in the main residential district inside McHenry city limits.

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.