§ 17.60.020 SCOPE OF REGULATION.

   A.   Jurisdiction and administration.

      1.   This Ordinance applies throughout McHenry County, within incorporated and unincorporated areas.

      2.   The administration and enforcement of this Ordinance shall be performed by:

         a.   Certified Communities, within their respective jurisdictions; and,

         b.   The MCSC, its agents, employees and assignees in all other areas of McHenry County.

      3.   A list of Certified Communities may be obtained from the McHenry County Department of Planning and Development.

   B.   Regulated development.

      1.   Refer to the Regulated Development Flowchart in Appendix 1.

      2.   No person, firm, corporation or governmental agency, unless specifically exempted, shall commence any regulated development without first obtaining a stormwater management permit. Unless it is specifically exempted in Article II, Section C, any activity that meets any of the following criteria, is considered regulated development:

         a.   Any development that is located partially or completely in a flood hazard area; or

         b.   Any development located partially or completely within the boundary of a wetland or waters; or

         c.   Any development that hydrologically disturbs 5,000 square feet or more; or

         d.   Any development that hydrologically disturbs 50% or more of a parcel; or

         e.   Any development that results in an additional 20,000 square feet of impervious area since the effective date of this Ordinance; or

         f.   Any development on a lot or parcel of land platted after December 1, 2014 that results in impervious area exceeding the design parameters of an existing stormwater management facility; or

         g.   Any development that occurs within a deed or plat restriction or alters a stormwater management system from its original design or permitted condition; or

         h.   Any development that modifies the permitted development between the date of permit issuance and prior to the permit expiration date; or

         i.   Any permitted development that is not completed prior to the permit expiration date; or

         j.   Any development that is part of a larger common plan of development that, as a whole, would constitute regulated development.

   C.   Exempted development.

      1.   Development that consists solely of the following activities shall be exempt from the requirements of this Ordinance, upon review and verification by the Enforcement Officer:

         a.   Maintenance of existing buildings outside the floodplain;

         b.   Maintenance of existing buildings within the floodplain that does not constitute a substantial improvement;

         c.   Maintenance of existing roads and trails;

         d.   Other maintenance activities;

         e.   Gardening and landscaping that does not involve filling, grading, or the construction of berms;

         f.   Tillage and similar agricultural practices that do not involve filling, grading or the construction of levees;

         g.   Improvements undertaken pursuant to a written NRCS Conservation Plan, when the improvements are not located within a flood hazard area, WOTUS, or IWMC;

         h.   Demolition and accompanying restoration, including the removal of bridges and culverts, provided that:

            (1)   Natural land contours are restored;

            (2)   The disturbed area is less than 1 acre; and

            (3)   Appropriate soil erosion and sediment control practices are utilized;

         i.   Installation, repair or replacement of an onsite waste disposal system, well, sewer or water service line, or other utility service line serving one existing building, provided that:

            (1)   The activity is not located partially or completely in a flood hazard area or a wetland;

            (2)   The disturbed area is less than 1 acre;

            (3)   The activity does not result in an increase in ground elevation; and

            (4)   Appropriate soil erosion and sediment control practices are utilized.

   D.   Reduced standards for specific types of development.

      1.   Regulated development that received one or more of the approvals set forth in a through e below prior to June 1, 2004 shall be exempt from the Buffer Areas Performance Standards of this Ordinance and may be exempt from the Runoff Rate Reduction and Watershed Specific Requirements of this Ordinance, upon review and by the Enforcement Officer that the regulated development is consistent with the prior approval. An applicant’s written exemption request shall itemize each Ordinance provision for which an exemption is requested.

         a.   Annexation agreement

         b.   Final plat of subdivision

         c.   Planned unit development

         d.   Replat of an industrial subdivision

         e.   Replat of a commercial subdivision

      2.   Mining Development that received a conditional use permit prior to June 1, 2004 shall be exempt from the Buffer Areas Performance Standards of this Ordinance and shall be exempt from the Compensatory Storage Requirements of this Ordinance for fill outside the floodway, upon review and authorization by the Enforcement Officer. The Enforcement Officer may give credit toward meeting the Compensatory Storage Requirements for excavation prior to June 1, 2004 and after September 30, 1981, which was the effective date of the first FIRM in McHenry County. An applicant’s written exemption request shall itemize each Ordinance provision for which an exemption is requested.

      3.   A Public Road Development in a floodway shall be exempt from the BFE determination requirements of this Ordinance, provided IDOT/DOH issues a Floodway Construction Permit for the Public Road Development.

      4.   Portions of a development site that do not drain offsite may be exempt from the Soil Erosion and Sediment Control Performance Standards of this Ordinance.

Table 1: Regulation of Routine Projects
Project Type	Exempt	General Permit	Individual Permit
Building Maintenance	Refer to Appendix 12: Maintenance of Existing Buildings	N/A	Refer to Appendix 12: Substantial Improvement
New Single Family Home	N/A	Refer to § 17.60.030B.	All Other Development Regulated by § 17.60.020B.
Road Maintenance	Refer to Appendix 12: Maintenance of Roads and Trails	Refer to § 17.60.030A.	All Other Development Regulated by § 17.60.020B.
Trails	Refer to Appendix 12: Maintenance of Roads and Trails	Refer to § 17.60.030A.	All Other Development Regulated by § 17.60.020B.
Driveways	Refer to Appendix 12: Other Maintenance Activities	Refer to § 17.60.030A.	All Other Development Regulated by § 17.60.020B.
Parking Lots	Refer to Appendix 12: Other Maintenance Activities	N/A	All Other Development Regulated by § 17.60.020B.
Culverts, Storm Sewers, and Drain Tiles	Refer to Appendix 12: Other Maintenance Activities	Refer to § 17.60.030A.	All Other Development Regulated by § 17.60.020B.

 

Table 1: Regulation of Routine Projects
Project Type	Exempt	General Permit	Individual Permit
Bridges	Refer to Appendix 12: Other Maintenance Activities	Refer to § 17.60.030A.	All Other Development Regulated by § 17.60.020B.
Dredging	Refer to Appendix 12: Other Maintenance Activities	Refer to § 17.60.030A.	All Other Development Regulated by § 17.60.020B.
Removal of an Obstruction	Refer to Appendix 12: Other Maintenance Activities	Refer to § 17.60.030A.	All Other Development Regulated by § 17.60.020B.
Stormwater Management Facilities	Refer to Appendix 12: Other Maintenance Activities	N/A	All Other Development Regulated by § 17.60.020B.
Gardening and Landscaping	Refer to § 17.60.020C.: Exempted Development	N/A	All Other Development Regulated by § 17.60.020B.
Tillage and Similar Agricultural Practices	Refer to § 17.60.020C.: Exempted Development	N/A	All Other Development Regulated by § 17.60.020B.
Implementing a NRCS Conservation Plan	Refer to § 17.60.020C.: Exempted Development	N/A	All Other Development Regulated by § 17.60.020B.
Demolition	Refer to § 17.60.020C.: Exempted Development	N/A	All Other Development Regulated by § 17.60.020B.
Onsite Waste Disposal Systems and Wells	Refer to § 17.60.020C.: Exempted Development	Refer to § 17.60.030A.: General Permit 1	All Other Development Regulated by § 17.60.020B.
Sewer and Water Service Lines	Refer to § 17.60.020C.: Exempted Development	N/A	All Other Development Regulated by § 17.60.020B.
Underground and Overhead Utilities	Refer to Appendix 12: Other Maintenance Activities	Refer to § 17.60.030A.: General Permit 1	All Other Development Regulated by § 17.60.020B.
Seawalls	N/A	Refer to § 17.60.030A.: General Permit 1	All Other Development Regulated by § 17.60.020B.
Shoreline and Streambank Stabilization	N/A	Refer to § 17.60.030A.: General Permit 1	All Other Development Regulated by § 17.60.020B.

 

Table 1: Regulation of Routine Projects
Project Type	Exempt	General Permit	Individual Permit
Boat Docks	N/A	Refer to § 17.60.030A.: General Permit 1	All Other Development Regulated by § 17.60.020B.
Signposts, Poles Fencing, and Guardrails	N/A	Refer to § 17.60.030A.: General Permit 1	All Other Development Regulated by § 17.60.020B.
Decks	N/A	Refer to § 17.60.030A.: General Permit 1	All Other Development Regulated by § 17.60.020B.
Pools	N/A	Refer to § 17.60.030A.: General Permit 1	All Other Development Regulated by § 17.60.020B.
Material Storage	N/A	Refer to § 17.60.030A.: General Permit 1	All Other Development Regulated by § 17.60.020B.
Wetland Restoration and Enhancement	N/A	Refer to § 17.60.030A.: General Permit 1	All Other Development Regulated by § 17.60.020B.
Watershed Benefit Measure	N/A	Refer to § 17.60.030A.: General Permit 1	All Other Development Regulated by § 17.60.020B.

(Ord. O-2020-09-15, passed 9-15-2020; Ord. O-202009-10-030, passed 9-15-2020)