This guide puts those providers side by side using what each one publishes about itself. It will help you know whom to call before you make an offer on anything in the Rockford real estate listings. It does not draw a map, because none of the pages read for it says which streets belong to which provider. Gambino Realtors has been in business in Rockford since 1923..

Sewer: Four Rivers, And The Towns That Stand Apart

Start with sewer, because it is the simpler half of the picture. Four Rivers says it covers nearly 100 square miles of Winnebago County. It owns and maintains the sanitary sewer collection facilities inside its boundaries, with one exception that matters to a buyer. The authority says "several private collection systems" are not its own. A house on one of those private systems is not on the authority's collection network.

The network is about 1,100 miles of buried sewer. It carries wastewater from homes, businesses and industrial sites to a treatment plant in southeast Rockford, where the authority says it treats 40 million gallons a day and about 1.5 billion gallons a year. Until 2020 the organization was called the Rock River Water Reclamation District. If an older document, a plat note or a seller's file uses that name, it is the same body under its former name.

A few communities in the region do not belong on the Four Rivers list at all, and they are worth naming so nobody assumes otherwise. The Village of Rockton says its water and sewer utilities are provided and maintained by the village, and Four Rivers lists only a small portion of Rockton. The Village of Poplar Grove says it owns and operates its own water system and two wastewater treatment facilities, a north plant built in 2006 and a south plant. The City of Belvidere's Public Works department answers questions on water and sewer service, and its published rate page sets a sewer usage charge. The City of South Beloit runs a Waste Water Department with its own sewer bill.

What does the Four Rivers customer actually do when a home changes hands? The authority's residential page says a buyer completes a transfer document as part of the closing. Four Rivers updates the account to the new owner's name when the deed is received, and the buyer can call Customer Service to confirm the account is active. On the selling side, the authority completes a final bill for the title company. It closes the account once the transfer documents are in and that final bill is paid.

There is also a question that comes up before closing, which is whether sewer exists at a property at all. Four Rivers publishes a Sewer Inquiry Form for exactly that. The authority names the typical users as consultants, realtors, homeowners not served by sanitary sewer and prospective buyers. The form can return one of three answers. The first is that service is not available and there are no plans to extend it. The second is that there is no service now but it could be extended to the site. The third is that service is available, and in that case the person who asked receives information on what money, if any, is payable to Four Rivers before connection and what the new owner needs to do to get sewer to the house.

The authority's well page adds a detail that ties the sewer side to the water side. When a person buys a house, the page says, they need to find out from the realtor, plumber or previous owner which water department serves the home. That water department supplies Four Rivers with the water consumption readings used to work out the sewer bill. So the sewer bill leans on a meter that somebody else owns. If the water provider changes, the source of the reading changes with it.

That is also why a well matters for sewer. A dwelling on a well has no public water department sending readings, so Four Rivers cannot use reported consumption. It bills non-metered well customers on an average of all single-family residential accounts, and it says plainly that this average "may or may not reflect your sewer usage." A buyer can ask about installing a well meter, which lets the authority bill true consumption and opens the summer discount. Customers may also install their own Itron compatible meter. One caution applies. Two Four Rivers pages list different well-meter fees, one monthly and one quarterly, so ask Customer Service which applies before you rely on either figure.

Four Rivers also says it offers payment plans and some assistance to users who can prove economic hardship. That is the authority's own statement and the place to ask is the same Customer Service line, 815-387-7500.

Water: Eight Providers, Each In Its Own Words

Water has no single authority. The list below covers the providers whose own pages were read for this guide. It is a list of what each page says, in no ranked order, and it is not a complete list of every water system in Winnebago and Boone counties.

• City of Rockford Water Division. The Water Division has three operating sections plus Administration. The city says it is responsible for production, quality control, treatment, distribution and related services to approximately 55,000 water customers. Rockford's Utility Billing office produces water and rubbish pickup on one bill. Meters are read every month, and because water is billed in arrears the bill covers the prior month's use. Water is measured in cubic feet and billed in hundreds of cubic feet, where one hundred cubic feet is 748.1 gallons. The city's rubbish contractor is Rock River Disposal Services, and the monthly rubbish charge rides on the water bill.
• North Park Water. The district says it serves about 35,500 people in the Machesney Park and Roscoe area, with limited portions of Caledonia, Loves Park, Rockford and South Beloit. It reports an average of 3.6 million gallons a day. Machesney Park's own utilities page lists it as North Park Public Water District. Residential bills come every two months because the meter is read every 60 days, and the bill is due 21 days after the bill date.
• City of Loves Park Water Department. The department says it operates the municipal water system through "an extensive system of wells, water towers, and treatment plants" and maintains the meters and mains. Its page offers online bill payment, a place to submit a meter reading, consumer confidence reports and a service line inventory map.
• Village of Cherry Valley. The Public Works department tests the water, and the village site carries a Water Account Portal and a Pay Your Water Bill link. The page gives the water hardness as about 330 mg/l, or about 20 grains per gallon, for anyone setting a softener.
• Village of Rockton. The village provides and maintains water and sewer and bills for potable water, sewer and refuse collection together. Service is set up through Village Hall at 815-624-7600, option 1.
• City of Belvidere. The city bills water per hundred cubic feet, with one hundred cubic feet equal to 748 gallons. Its sewer usage charge is based on water consumption. Each bill carries a billing fee split between water and sewer, and an annual meter maintenance fee based on the cost of replacing the meter.
• Village of Poplar Grove. The village treats its own water from five active wells and four pump houses, with total storage of 450,000 gallons. It bills users monthly and reads meters by radio.
• Illinois American Water. The City of South Beloit's page lists Illinois American Water as the water utility for that city, while sewer comes from the city's own Waste Water Department. The company's customer page describes an online account called MyWater for paying the bill and turning service on and off. Its customer service line is open Monday through Friday from 7 a.m. to 7 p.m. and emergencies are answered around the clock. That page does not list the towns it serves.

Read the list for what it shows about billing, because that is where a move gets complicated. Rockford reads meters monthly and bills the prior month. North Park Water reads every 60 days and bills every other month. Poplar Grove bills monthly. Belvidere folds sewer into its own bill, and Rockton bills water, sewer and refuse together. In South Beloit the water and the sewer are two separate bills from two separate bodies. A buyer moving between two of these systems changes more than the name on the envelope. The calendar of when money leaves the account changes too.

The ownership of the pipe is the other difference worth reading. North Park Water spells it out. The district is responsible for the public water main, the service line from the main to the curb stop and the water meter. The owner is responsible for the service line from the curb stop to the building, the plumbing throughout the property, the valves and plumbing immediately before and after the meter, and any repair or replacement of that privately owned plumbing. The page also says the account is set up in the name of the property owner as shown on the deed. The other provider pages cited in this guide do not carry a matching statement, so ask each one where its responsibility ends.

What The Pages Do Not Say, And How To Close The Gap

Three gaps are worth stating plainly, because a buyer who assumes the opposite pays for it later.

First, a city name does not settle the water provider. North Park Water says it serves limited portions of Rockford and Loves Park. Rockford runs its own Water Division and Loves Park runs its own Water Department. So a home with a Rockford or Loves Park mailing address could be on North Park Water, and the published pages do not say which streets. The same applies to the limited portions of South Beloit and Caledonia that North Park Water names.

Second, the Rockford utility billing page describes a bill for water and rubbish pickup and does not mention sewer. Four Rivers lists Rockford among the communities it serves. Put those two statements together and the likely reading is that a Rockford household receives its sewer bill from Four Rivers and its water bill from the city. That is a reading of two pages, not a sentence either page prints, so confirm it with both offices for the property you are buying.

Third, no page read for this guide publishes a street-level map of provider boundaries. The sources do give you good questions, and the answers sit with the providers themselves. Here is the order that fits what the pages say.

Ask the seller, the plumber or the previous owner who sent the water bill. Four Rivers says this in its own words, because that is the department that supplies the readings used for the sewer bill. A recent bill also tells you the account number, which North Park Water uses to set the billing cycle. Next, call the water provider named on that bill and give it the address. Then use the Four Rivers Sewer Inquiry Form if you cannot confirm that sewer is available. If there is no water department bill at all, the home may be on a well, and the Winnebago County wells and septic guide covers what the county health department does in that case.

The closing paperwork follows the same split. In Rockford the city's utility billing page offers a Closing Form that is sent to the City Water Closings email to request a closing estimate. The Rockford final water bill guide goes through what the form asks and what the city says it does not cover. The Four Rivers transfer document rides with the closing, as described above. North Park Water sets up the account in the owner's name from the deed. Each piece of paper belongs to a different office.

One more property-side item is on the South Beloit wastewater page. It says sewer backup damage may not automatically be covered by a home owner's or renter's insurance policy and suggests asking your agent about special endorsements. That is the city's wording for its own residents, and it is a useful question for anyone with a basement on any of these systems.

If you are still deciding which town to look in, three of the moving guides cover the utility details in more depth. The Rockford utilities and first-month checklist covers the city's billing and trash. The Machesney Park water, sewer and private wells guide goes deeper on North Park Water and Four Rivers together. The Loves Park water, sewer and trash guide covers the city's department. For acreage and lots, the Rockford land sewer and water availability guide covers sewer and water availability for land.

Bottom Line

There are two questions, and they have different answers. Sewer in Rockford, Loves Park, Machesney Park, Roscoe, Cherry Valley, New Milford, Winnebago and a small part of Rockton comes from Four Rivers Sanitation Authority, except where a private collection system or a village such as Rockton, Belvidere or Poplar Grove runs its own. Water comes from whichever provider serves that particular address, and the published pages do not map the boundaries.

So treat the provider as a fact to confirm for each home, in writing, before you remove contingencies. Ask who sends the water bill, ask who owns the pipe up to the building, ask whether sewer is public and ask what paper moves at closing. The answers decide which office you call, when the bills arrive and who pays for a repair. When you are ready to compare specific homes, start from the Rockford real estate listings and bring the address to the provider before you bring an offer to the seller.

A few follow-up questions come up once the providers are on the table. The answers below come from the same provider pages.

Frequently Asked Questions

Those four routes get lumped together as distressed property, and that label hides the differences that matter. They have different sellers, different deadlines, and different things that stay attached to the property afterward. This guide lays them side by side using the Illinois statutes, the Winnebago County Sheriff and Treasurer pages, and the federal pages that cover the rest. Gambino Realtors has been in business in Rockford since 1923, and this guide sits next to its pages on homes for sale in Winnebago County. Nothing here is legal, tax or financial advice. Each route carries real deadlines and real money, so an attorney and a title company should look at any specific property before a bid or an offer.

What Each Route Actually Sells

The first thing to settle is what changes hands. The four routes sell four different things, and the labels blur them together.

A sheriff sale is the end of a mortgage foreclosure lawsuit. Under the Illinois Mortgage Foreclosure Law, after the reinstatement and redemption periods have run out, the real estate is sold on the terms the court set in its judgment of foreclosure. The sale is of the property itself. A buyer who wins gets a deed to the property, but only after the court approves the sale. The full path from the complaint to the deed is in the guide to the Illinois foreclosure process and Winnebago County sheriff sales, so this page stays on how that route compares with the other three.

A tax sale is a different animal. The Winnebago County Treasurer says it plainly on its tax information page: the county does not sell the property, it sells only the unpaid taxes. By Illinois statute the county collector must sell any taxes that were not paid for the current tax year. The people who buy at that auction pay the back taxes on the owner's behalf, and the Treasurer passes the money to the taxing bodies. The buyer holds a claim on the tax debt, with interest, and the owner keeps the house. A tax buyer does not get a deed at the auction. The deed comes only through a later court process if the owner never pays back the taxes.

A short sale is a regular sale of a house, with one condition. Freddie Mac's own definition is the sale of the mortgaged premises for less than the total amount necessary to satisfy the mortgage. The owner is the seller. The buyer makes an offer and signs a purchase contract like any other buyer. What makes it a short sale is that the price falls short of what is owed on the mortgage.

The fourth route is a home that a lender or agency has taken back and now sells on its own account. The pages read for this guide do not use one tidy definition, so it helps to look at who does the selling. The HUD Home Store lists homes that the Federal Housing Administration acquired as a result of foreclosure. Freddie Mac runs a site called HomeSteps that lists homes for sale and says it works with real estate agents and third-party professionals to sell and maintain them. In each case the seller is the agency, not a homeowner and not a sheriff. The buyer deals with that seller through a listing.

Here is the comparison laid out in a short list, with the source for each point stated in the sentence that carries it.

• Sheriff sale. What is sold: the real estate. Seller: the Sheriff as the court-appointed selling officer. Where: online through ROUP.com. After the sale: the court must approve it before a deed issues.
• Tax sale. What is sold: the unpaid taxes only. Seller: the County Treasurer. Where: a live auction with no phone or internet bids. After the sale: the owner has a redemption period, normally 3 years under the statute.
• Short sale. What is sold: the house, at a price below the mortgage balance. Seller: the owner. Where: the open market through a listing. After the sale: the IRS treats forgiven debt as canceled debt, which is generally taxable.
• Agency-owned home. What is sold: the house. Seller: the lender or agency that holds it, such as HUD or Freddie Mac. Where: through the agency's listing site and a registered or participating agent. After the sale: whatever the contract with that seller says.

Two of these routes are covered in more depth elsewhere on this site. The tax route has its own guide at Winnebago County tax sale and delinquent taxes explained, and the broader question of what buying a foreclosed home involves is in buying a foreclosure in Rockford, Illinois. This page is the map that sits above both.

Who Runs The Sale, How You Bid And What Happens Next

The routes also differ in who is in charge of the clock. That matters more than the price, because the clock decides when a buyer can act and what a buyer cannot do before then.

Start with the sheriff sale. The Winnebago County Sheriff's Office says on its Civil Process page that it uses ROUP.com to conduct court-ordered foreclosure sales and that on-site sheriff sales are no longer offered. The statute lets the lender request that a sale be held in person, online or both, if available. The notice of sale has to be published for at least 3 consecutive calendar weeks, with the first notice no more than 45 days before the sale and the last no less than 7 days before it. The notice carries the address, the legal description, the terms and the website where bidding takes place. The Sheriff's Office says it does not provide a listing of foreclosure sales, and its Civil Process number is 815-319-6150.

Bidding on ROUP follows a few set rules. There are three ways to bid. A buyer can click the refresh icon and let the system set the bid at the minimum increment, enter a bid by hand, or enter a maximum and let the system bid up to that amount. Anyone can place the first bid, since bidding does not have to open at the plaintiff's number. Every bid is final once submitted, after a confirmation step. If bids arrive as the closing time nears, the system extends the auction. The help page also warns that an auction can be postponed or canceled at any time by the Sheriff, by the court or by the law firm that asked for the sale.

Now compare the tax sale. The Treasurer says the sale is typically held in the last week of October or the first days of November, on dates the Treasurer sets. Buyers must register ahead of time, first-time buyers must supply a bank letter, and the registration form is not online. The auction is live, with no phone or internet bids. Registered buyers bid an interest rate, the rate is capped at 9 percent, and the caller accepts the lowest bid. That is why the Treasurer describes it as similar to a reverse auction. The buyer earns the interest if the owner redeems.

What happens after the tax auction is where the route diverges for good. The owner of record deals directly with the Winnebago County Clerk, not the Treasurer, to redeem. The Treasurer's page says back taxes cannot be paid through its website and gives the Clerk's number, 815-319-4253. The redemption window is 3 years from the date of sale for a home, and 1 year for vacant non-farm land, buildings with 7 or more residential units, and commercial or industrial property. The certificate holder may extend the period. The statute text carries the same 3-year and 1-year periods, and it notes that changes by Public Act 103-555 apply to certificates issued on or after January 1, 2024, and changes by Public Act 104-553 apply to certificates issued on or after July 10, 2026. The Treasurer sends owners to the Clerk for redemption amounts, so the Clerk is the office to ask which period applies to a given certificate.

Only after that window closes without payment can the buyer ask a court for a deed. The statute says the petitioner must show that the redemption period has expired and the property was not redeemed, that taxes due after the sale have been paid, and that the required notices were given. Under the current section, the court then enters an order for a judicial tax deed auction, and the property is offered at public auction within 120 days of that order and sold to the highest bidder. The Treasurer's page describes the same step in plainer terms, saying that unpaid taxes let the tax buyer petition the court to hold a foreclosure sale. For anyone comparing the two routes, the point is simple. A tax sale is the first step of a longer road to a property, and the later steps run through a court.

It is a listing and a contract, and the clock belongs to the owner and the lender. Freddie Mac's page says that for loans it owns, a short sale must be submitted to Freddie Mac for review and approval unless it falls under the streamlined or make-whole categories it describes. If a mortgage insurance claim or a cash contribution from the borrower brings in everything owed, Freddie Mac treats the sale as a make-whole pre-foreclosure sale, not a short sale. That page covers Freddie Mac's own rules only.

The Illinois Attorney General's homeowner notice explains why a short sale can happen inside a foreclosure at all. The notice that a lender must attach to a foreclosure summons tells the homeowner that the homeowner continues to own the home until the court rules otherwise. It also says the homeowner has the right to sell the home, refinance, or pay off the loan during the redemption period. A short sale is one way to use that right to sell. The same notice gives the homeowner 90 days after receiving the summons to bring the mortgage current, and it says the mortgage company does not want to foreclose if there is any way to avoid it. The notice tells the homeowner to call the mortgage company or its attorneys to learn the alternatives.

For the fourth route, the sources read are thin on mechanics, and that deserves a plain statement. The HUD Home Store page says a buyer must use a HUD-registered selling broker to submit a bid on a HUD home. The HomeSteps page says it offers homebuyers and select non-profits an exclusive first look at listings. Neither page, as read for this guide, states a price rule, a deposit amount, an inspection rule or a closing timeline. Those terms live in each listing and each contract, and a buyer reads them there.

What Stays With The Property And What You Cannot Check First

The question that separates these routes for a buyer is not the price. It is what stays attached to the property after the sale and how much of it can be checked beforehand.

At a sheriff sale the limits are written down by the Sheriff's own vendor. The ROUP help page answers the inspection question with a flat no: a bidder is not allowed to access the property or disturb the occupants. A winning bidder cannot change the locks until the court approves the sale, and keys are not provided. If the court does not approve the sale, the payment is refunded only after the court enters an order directing the Sheriff to issue the refund, and the page says that might take a significant amount of time. A deed does not issue until the court approves the sale. The buyer prepares and records the deed and pays the recording fees and costs. The statute adds that the purchaser receives a Certificate of Sale, which states it is subject to court confirmation and can be assigned by endorsement, and that any bid is deemed to include interest at the statutory judgment rate on whatever part of the price is still unpaid from the sale date to the payment date.

Title is the other open question. The ROUP page says clear title is not guaranteed. The property might be subject to liens, claims or unpaid taxes, and the successful bidder may be responsible for unpaid real estate taxes, municipal liens, utility charges, HOA assessments and other obligations that survive the sale. It points to the County Treasurer for delinquent taxes and to a title company or real estate attorney for liens, and it says that neither the Sheriff nor Roup can determine the amounts. A person who wants to see how deeds and liens are recorded can start with the guide to the Winnebago County Recorder, deeds, liens and title records.

Occupancy is a separate matter. The same help page says that if the property is occupied and an eviction is required, the buyer is responsible for requesting the eviction and paying the fees, and that an eviction is not included in the auction. According to the ROUP page, the work of getting possession is the buyer's.

The tax sale has its own version of the same problem, and the Treasurer is blunt about it. The page says participating in the sale involves significant risk. The Treasurer's office does not check for structures or liens before printing the tax sale book. It is the tax buyer's responsibility to check each parcel before bidding.

For a homeowner on the other side of the tax sale, the stakes are the redemption clock. The Treasurer also notes that the longer the time between the sale and the redemption, the higher the interest is likely to be. Under the statute, once a tax deed order is entered, the court places the tax deed grantee in possession on application.

The short sale puts the questions in a different place. The sources read do not describe a court step in a short sale. A title company and an attorney can answer lien questions on any of these routes, which is the advice the ROUP page gives for its own sales. For the seller, the money question does not end at closing. The IRS page on canceled debt says that if a debt is forgiven for less than the full amount owed, the forgiven amount is canceled debt, and that cancellation can happen through foreclosure, a voluntary transfer of the property to the lender, abandonment or a mortgage modification. In general, canceled debt is taxable and is reported for the year the cancellation occurred, and the creditor may send a Form 1099-C. The IRS lists exclusions, including debt canceled in a bankruptcy case, debt canceled to the extent the taxpayer is insolvent, and qualified principal residence indebtedness discharged before January 1, 2026 or under a written arrangement entered into before that date. Whether any of that applies to a given seller is a tax professional's question, and the IRS page points to Publication 4681 for the detail.

The Attorney General's notice warns homeowners that people may contact them offering to help avoid foreclosure, and it says to contact a lawyer, a government official or a housing counselor before entering any transaction with them. The Attorney General's Homeowner Helpline is 866-544-7151.

A short list of questions makes the comparison practical. Each one comes straight from a rule above.

• Is the Sheriff or the Treasurer the seller, or is this a private listing? That tells you which clock you are on.
• Has the court approved the sale? At a sheriff sale, no deed issues, no locks change and no refund is owed until it has.
• Is the redemption period still open? For a tax sale it is 3 years in the statute for a home, and the Clerk confirms the date for a given certificate.
• Who is in the house? A sheriff sale buyer asks for the eviction and pays for it, and the auction does not include one.
• What survives the sale? Taxes, municipal liens, utility charges and association assessments can, and neither the Sheriff nor the vendor can total them.
• Does the price fall short of the mortgage balance? If it does, it is a short sale, and for a loan Freddie Mac owns the sale goes to Freddie Mac for review.

Bottom Line

Four routes, four different purchases. A sheriff sale buys a house through a court, with no inspection, no keys and a deed that waits on court approval. A tax sale buys a tax debt, with no house at all unless the owner never redeems and a court later orders a deed auction. A short sale is a regular purchase that depends on a lender agreeing to take less than it is owed. An agency-owned home is a regular purchase from a seller that happens to be HUD or Freddie Mac, where the listing and the contract carry the terms.

None of them is a shortcut, and none is a bargain by definition, because the sources read here say nothing about price. What they do say is where the risk sits. At the sheriff sale it sits in what you cannot see and what survives the sale. At the tax sale it sits in the parcel the county did not check and in a redemption clock the owner can beat. In a short sale it sits in the review of the price and the tax treatment of any forgiven debt, and in an agency sale it sits in the contract.

If you are weighing any of these against an ordinary purchase, start with the property and the paperwork, then talk to an attorney and a title company before you bid or make an offer. The Gambino Realtors pages on homes for sale in Winnebago County are a place to see what ordinary listings look like, and the Illinois Real Estate Guide links every article in this series.

The four routes raise a lot of the same practical questions, so here are plain answers to the ones that follow from the rules above.

Frequently Asked Questions

If you are comparing homes for sale in Winnebago County, one line in a listing can mean two different sets of duties. Gambino Realtors has worked in the Rockford area since 1923. This guide sets the two setups side by side using only what the county health department, Four Rivers Sanitation Authority, the City of Rockford, the Illinois Department of Public Health, the Illinois EPA and the U.S. EPA publish. It does not rank them. It is a plain explanation of the rules, not legal, tax or financial advice, and the offices named here have the last word on any one property.

Who Answers For What On Each Kind Of Lot

Start with the public side, because the paperwork is easier to see. The City of Rockford says its Water Division is responsible for production, quality control, water treatment, distribution and related services. The city's source is groundwater. Its page on the water system says water comes from 30 wells and not from the Rock River, and that it is treated at the well sites with fluoride, polyphosphates and chlorine. The same page says filtration plants were designed to remove iron, manganese and radium. What differs is who tests it, who treats it and who gets the call when something is wrong.

On testing, the city's water quality page says its staff run approximately one hundred and eight analytical tests each day, about 40,000 per year, and that the Illinois EPA also tests the water. The Illinois EPA's private well page adds the contrast from the state side. Public water systems are tested regularly, and for a private well, regular testing is the owner's responsibility. The county health department's own wells page is blunter still: no one else tests or monitors your private water well.

Sewer follows the same split. Four Rivers Sanitation Authority describes itself as a sanitary district founded in 1926, governed by a five-member Board of Trustees appointed by the Winnebago County Board. It serves approximately 240,000 people in Winnebago County, including Rockford, Loves Park, Machesney Park, Roscoe, Cherry Valley, New Milford and Winnebago, plus a small part of Rockton and Boone County. It says it is not involved with potable water distribution. That matters when you read a utility bill, because the water department and the sewer authority are two different bodies. The authority's well page tells a buyer to find out from the realtor, the plumber or the previous owner which water department serves the home, since some homes are served by a well and not by a water department at all.

For a septic system, the Illinois EPA says septic systems, like private wells, are the homeowner's responsibility. The Illinois Department of Public Health regulates the installation of private sewage disposal systems that have no surface discharge, such as septic tanks and seepage fields. It also licenses the installation and pumping contractors. In Winnebago County the local office is the health department's Center for Environmental Health Improvement. It says its wells and septic program permits, inspects and regulates private water well and sewage systems, and that permits and inspections are required to build new systems or modify existing ones.

Here is the same material as a short side-by-side. Each line comes from the pages named above.

• Drinking water on the public side: supplied and tested by the water department. In Rockford that is the Water Division, with Illinois EPA testing as well.
• Drinking water on a well: tested by the owner. The county page says no one else tests or monitors a private well.
• Sewage on the public side: collected and treated by Four Rivers Sanitation Authority where its sewer serves the property.
• Sewage on septic: the homeowner's responsibility, with the county health department permitting and inspecting the system and the state licensing the contractors.
• The bill: city water is billed from a meter read every month and billed in arrears, with garbage on the same bill.

The last bullet is a practical clue. The county health department lists the signs of a well as a water line coming into the house with no meter, no water bill, or a well cover or cap in the yard. It lists the signs of a septic system as no wastewater bill, neighbors who have septic or a rural location. None of that replaces the records, but it tells you which column of the list you are standing in before you ask for them.

What Gets Tested, Inspected And Disclosed When You Buy

Three lines of the Illinois disclosure form bear on this guide. The Residential Real Property Disclosure Report in 765 ILCS 77/35 asks whether the seller is aware of material defects in the well or well equipment, of unsafe conditions in the drinking water, and of material defects in the septic, sanitary sewer or other disposal system. The form says it is not a substitute for any inspections or warranties a buyer or seller may want. It also says that a seller's lack of awareness of a condition is no guarantee that the condition does not exist. For a home on a well or septic system, those lines are where the inspection conversation starts. They are not where it ends.

Take the well first. The county health department recommends testing a private well once a year for coliform bacteria, nitrates and nitrites and any other contaminants of local concern. It also says to test when the taste, odor or appearance changes and when the system is serviced. The Illinois Department of Public Health sorts it by contaminant. Bacteria and nitrate are every year. Metals are every 3 years. Volatile organic compounds, pesticides and PFAS are tested if they are detected nearby. It lists flooding or land disturbance near the well and any repair or replacement of part of the well system as reasons to test too. Nitrate comes from sources such as septic systems, manure storage areas, feedlots and farm fields.

Where does the sample go? The county page says residents with a private well can have water tested through the City of Rockford Environmental Laboratory, in approved bottles. The sample must be dropped off at the laboratory at 1111 Cedar Street, with the laboratory's form. The laboratory's Water Quality Section answers questions at 779-348-7151. The laboratory publishes its own fee schedule, so ask it for prices.

One limit is worth stating plainly. That makes the seller's own records and your own sample the two places a buyer can look.

Septic is the other half. The county's advice is short: have septic systems inspected before you purchase a home. It also says the health department conducts the inspections a mortgage or banking institution requires when making a loan on a property with a private well, septic system or both. Its permit page lists a Loan Inspection Request, described as a well and septic inspection for a realty transaction that includes the FHA and VA versions. The county pages do not say that every sale of such a house needs a county inspection, and this guide will not say so either. The U.S. EPA's guide for homebuyers puts it this way. Inspections may be required by local or state government or by your mortgage lender, and the results can help you decide whether the home is right for you.

What does an inspection look at? The Illinois Department of Public Health publishes an evaluation form that gets specific. The ground around the tank is checked for discharge or saturation, the inlet and outlet baffles are looked at, and the date of the last pumping is recorded. The evaluation is meant to be done after 48 hours without precipitation, and the form checks whether the sludge and scum layers together are under 33 percent of the designed liquid level. The form says that a marked box in its yellow column means the system may be in a state of failure, and that a licensed installation contractor should look at it.

The public side has its own sale-time check. Four Rivers Sanitation Authority's code says that no person may sell, transfer or convey a building serviced by Authority sewer until a current certification of compliance has been obtained and deposited with the Authority. A licensed plumber completes the form. It records the use of the building and where any roof or foundation drain or sump pump discharges. A certification is not current after one year. A sale that results in no new account establishment or transfer is exempt.

If the plumber finds a problem, the code sets clocks. A roof or foundation drain, sump pump or diverter valve installation that is illegal carries a 30-day compliance period. Clear water entering the sanitary sewer through an under-the-basement-floor connection carries a 60-day period. A buyer can keep a sale moving by depositing a contract or accepted bid for the work, evidence that adequate funds were paid or escrowed, and a stipulation to finish within the period. The code also says the certification reflects a limited visual inspection by the plumber, and that the owner bears the cost of choosing the plumber. If you are buying a house on sewer, ask who has the certification and when it is dated.

Repairs, Additions And What Changes When A Sewer Arrives

Both setups need upkeep, but the schedules come from different sources. On a well, the county page says the casing must be at least 8 inches above the ground surface and free from wood chips, soil, brush and leaves, and that landscaping should not create a bowl effect around it. A well that is no longer used has its own rule. A licensed water well driller does the sealing unless the homeowner makes a written request to the local health department or the state describing procedures and materials that comply with the code.

On septic, the county says to have the system inspected every 3 years by a licensed contractor, to have the tank pumped as necessary, generally every 3 to 5 years, and to have an effluent filter inspected and cleaned once a year. It gives the average lifespan as 15 to 40 years, longer with maintenance. The Illinois EPA suggests annual inspection for sludge and solids and pumping every two to three years or sooner if needed. Those numbers differ. Treat the county's page as the local statement and ask a licensed contractor what the tank in front of you needs. The drainfield has its own rules in the county's words: only grass is planted on or near it, no sprinkler heads are installed, and nothing is parked, driven or built on it.

That drainfield rule collides with projects. The county health department says site verifications are required for any property with a private well or septic system when the work needs a building permit, and are useful for other building or landscaping projects too. Its form covers the distances between the septic field, the tank and the well. It also lists a well and septic variance, for an installation that cannot meet every state and county code, and states that approvals are subject to review and are not guaranteed. The county ties that requirement to properties with a private well or septic system, so it is a rule about the lot.

A buyer on septic will want to know what happens if a sewer comes down the road. Four Rivers Sanitation Authority gives a way to find out. Its Sewer Inquiry Form is for realtors, homeowners and prospective buyers, and it returns one of three answers: not available with no plans to extend, not available now but could be extended, or available, with what money is payable before connection and what the owner must do to get sewer to the house.

When neighbors ask for a sewer, the authority's special assessment FAQ describes the path. The authority says the process typically takes at least 6 to 12 months. The owner then carries three kinds of cost. The plumbing from the stub at the property line to the house is the owner's cost, and abandoning the septic system may add more, with the abandonment requirements set by the county health department.

Does a sewer in the street force a hookup? The authority's FAQ answers that no immediate connection is needed if the private septic system is in good operable condition. It adds that if the septic system fails, the county health department would require the owner to connect to public sewer. Its code, for its part, says a building may not connect to a sewer unless the entire property is within the authority's corporate limits and directly served by its sewer, and that an owner may not avoid connection because of the distance from the building to the connection point. When the septic tank is retired, the county's Private Sewage Disposal Code applies. A licensed plumber is needed, the tank is pumped by a licensed pumper, the top and one side are collapsed, and the tank is filled right away with sand, gravel or similar material.

Water has its own gate. The City of Rockford's annexation policies, dated September 2022, say the city will not extend municipal services, which they define to include City of Rockford water and Four Rivers Sanitation Authority sewer, unless the adjacent land is annexing or signing a pre-annexation agreement. They say individual property owners are not allowed to hook up to city water without first signing an agreement to annex. The same document says the Water Division should have the right to approve all well permits within the Ultimate Annexation Boundary before the county health department issues them. If a lot sits outside the city and you are counting on city water later, that is a question for the City of Rockford before you write the offer, not after.

There is also a billing wrinkle for homes that have a well and a sewer connection. The authority bills non-metered well customers based on an average of all single-family residential accounts, and it says this may or may not reflect your sewer usage. A well meter lets it bill actual use. Its two pages state different meter fee amounts, so this guide leaves the amount out and points you to the authority's Customer Service line at 815-387-7500.

None of this is a reason to prefer one setup over the other. It is a reason to read the right column. The public side gives you an institution to call, a bill that arrives monthly, and a sewer certification at sale. The private side gives you a lot where the water and the waste both belong to you, with a county office that permits, inspects and regulates them. The cost and the effort sit in different places, and the sources do not say which place is lighter.

Bottom Line

Public water and sewer put the testing, treating and collecting in the hands of a water department and Four Rivers Sanitation Authority. A well and septic system put all of it in the owner's hands, with the Winnebago County Health Department permitting and inspecting. Before an offer, ask for the records that fit the house in front of you. For a well, that is recent test results and the contractor history. For sewer, it is the dated certification of compliance. If you are weighing homes for sale in Winnebago County, the question to settle early is which column the house sits in, and the health department's Center for Environmental Health Improvement at 815-720-4100 and the authority's customer service at 815-387-7500 can confirm the rest.

For the county's own rules on private systems, read the county health department well and septic guide. For what the seller must put on paper, see the Illinois seller disclosure report. For vacant land where neither system exists yet, see sewer and water availability for land near Rockford.

That covers the two setups side by side. The questions below are the ones a buyer needs answered before the contract, so they are worth a minute before you call anyone.

Frequently Asked Questions

How To Tell Which Office Applies To A Parcel

The county states the rule in one sentence on its Planning and Zoning page. If the property is within village or municipal limits, the governing village or municipality provides the planning, zoning and subdivision service. The same page says county Planning and Zoning covers development in unincorporated Winnebago County, "from large scale subdivisions to the construction of garden sheds and fences." So the first job is never to pick a form. The first job is to learn which side of a boundary the parcel is on.

The Village of Roscoe gives a practical test on its License and Permits page. Look at the tax bill. If you pay taxes to the Village of Roscoe, you live within the village limits. If the tax bill does not list the Village of Roscoe, the page tells you to contact Winnebago County Planning and Zoning at 815-319-4350 about permits. It adds that the bill can be viewed on the County Treasurer's website, which helps when the paper copy is not handy. The county's own parcel tools are walked through in the guide to the Winnebago County parcel lookup.

That test is written for Roscoe, but the logic behind it comes from the county's rule, so it travels. A tax bill that lists a village line points to the village's zoning office. A bill with no village line points to the county. The Rockton and Cherry Valley permit pages that were read for this guide do not spell out a tax-bill test of their own. They do not need to, because the county rule already says the village provides the service inside its limits.

One detail on the Cherry Valley application shows why a township name alone will not settle it. The form asks the applicant to circle a township and lists four choices: Cherry Valley, Rockford, Belvidere and Flora. A township is a different kind of line from a village limit. The township circled on a form does not tell you whether the village or the county is the zoning office. The tax bill and the county's zoning maps do.

The county's Permits, Forms and Maps page lists Zoning Maps, a Future Land Use Map and a Township Map. Roscoe links to its own online zoning map and to WinGIS for lot lines. Rockton's form says an aerial photo with property lines can be pulled from wingis.org. Three offices, one shared map tool.

There is also a reason the county's phone number keeps turning up. Roscoe sends anyone without a village tax line to 815-319-4350. Cherry Valley's application footer sends you to the Winnebago County Building Department at 404 Elm Street in Rockford, and prints the same number. The Building Official line for the building division is also (815) 319-4350.

What Changes From One Office To The Next

The easiest way to see the differences is to put the posted facts next to each other. Every item below comes from the office's own page or form, and the list says where a page is silent.

• Unincorporated county land. The application is the County Zoning Clearance (Permit) Application, filed with Planning and Zoning at 404 Elm Street, Room 403, Rockford, or by email to permits@rped.wincoil.gov. The clearance expires within sixty days of issuance if no building permit has been issued and construction has not commenced. The fee schedule is posted as a form, and the county says fees are subject to change by County Board action, so call to verify.
• Roscoe. The zoning permit goes to Village Hall at permits@roscoeil.gov or 815-623-2829. The village asks for a signed application and a site plan showing dimensions and the distance from lot lines. The page asks for up to two weeks of review in peak construction season. The accessory building application lists a fifty dollar fee paid to the village.
• Rockton. The Zoning Permit Application goes to Village Hall at 110 E. Main St., or by email as a PDF attachment only. The current form lists a twenty dollar review fee. The form does not state an expiry window.
• Cherry Valley. The Zoning Permit and Building Permit Application goes to the village at 806 E. State Street, by mail or by fax to 815 332-3414. The form says zoning permits are valid for up to one year from issuance. The same form says a building permit may be obtained at the Winnebago County Building Department.

Read across, the first difference is time. The county's sixty-day window is short next to Cherry Valley's one year. The Cherry Valley form gives a longer window on the zoning side and then points to the county for the building side. Rockton's form is silent on an expiry, and the page says nothing more, so a buyer who holds a Rockton zoning permit should ask the village what its life is rather than assume.

The second difference is the order of the steps. Roscoe's page is the plainest. A zoning permit is required before any building permit may be issued or any structure or site used, and a certificate of occupancy required by the village building code is issued only for a structure that conforms with the zoning permit. Rockton's code library, section 152.375, uses nearly the same words. A zoning permit is required before any building permit may be issued or any structure or site used. Section 152.377 then says the Building Officer shall not issue building permits for signs or structures unless they conform to an approved zoning permit or a special use permit. So in these two villages the zoning permit comes first, and the building permit rests on it.

The third difference is what each form asks. Roscoe's accessory building page asks for a sketch with structure dimensions and distance from all property lines, plus a photo or drawing of the design and materials. Rockton's form asks for the present zoning district from a printed list of twelve choices, setbacks at front, rear, side and corner side, building height, number of stories and accessory building size. New residential construction on the Rockton form also needs a photo or rendering of the proposed home and the adjacent homes, under what the form calls anti-monotony provisions. The Cherry Valley form asks for lot dimensions, setbacks, the dimensions and square footage of existing and proposed buildings, and the distance from the proposed structure to the property lines.

The county's form asks questions the village forms do not. It asks whether the parcel is in a platted subdivision. It asks how the site is served, with boxes for well, septic, public water and public sewer. It asks how many acres of soil will be disturbed, with a break at one acre. It requires a site plan that shows the septic field location. And the staff page of the same form asks whether the proposed use sits in the 100 year flood plain and, if it does, requires the County Engineer's approval to be attached. Neither the Rockton form nor the Cherry Valley form asks the septic, well or flood plain question on its face. It means the village form is not where they are asked.

The fourth difference is who can grant relief when a plan does not fit the rule. Both levels have a variance path. The county describes a Variation as a waiver from its regulations where a unique hardship or difficulty affiliated with the land is presented, and it names two common ones: a decrease in required yard setback and an increase in the allowable size of an accessory structure. Cherry Valley's page says that if a project is beyond the parameters of village ordinance, you need to request a variance. Rockton's permits page and Cherry Valley's forms list both carry a Variance Application. Roscoe's permit list carries ZBA General and ZBA Design Review, and Rockton's carries a Special Use Permit Application and a Zoning Map Amendment Application as well. The practical point is that each village has its own board and its own application, so a variance granted by one office does not stand in for another.

Where The Two Systems Touch Each Other

The villages and the county do not run in separate lanes. They overlap at specific points, and those points are where a project can go sideways.

The clearest overlap is Roscoe's accessory building rule. The village's page says that if an accessory building is over 200 square feet, a Winnebago County permit is also required. So a shed built inside Roscoe can need a village zoning permit and a county permit for the same structure. The village numbers are a separate matter. On lots of one acre or less an accessory building may not exceed 700 square feet. On lots over one acre the limit is 1,200 square feet. On a property with a detached garage, one additional accessory building is allowed, limited to 200 square feet. For the smaller structures the village lists in its next section, such as pergolas, gazebos and above-ground pools, each is limited to 200 square feet, and structures of 100 square feet or less can be built without a zoning permit, provided they sit at least five feet from any property line and outside the side and rear setbacks. Roscoe's own rules on that point, including the pool setback, are covered in the guide to Roscoe village or county rules.

Cherry Valley overlaps the other way. Its village form collects the zoning side, and the building permit is a separate stop at the county building department on Elm Street. The form even prints the county's address and phone number in its footer. The village's own permit list is wider than a shed. It names any new residential home or commercial building, and decks, fences, garages, accessory buildings, cement slabs, in-ground pools, room additions and signs. The details for that village are in the Cherry Valley permits guide.

Rockton is a third pattern. Its permits page carries a Swimming Pool Application Packet, a Driveway Permit, a Right-of-Way Permit, an Irrigation Permit and a set of Historic Preservation forms, along with the zoning permit. Its code library says no building permit issues unless the structure conforms to an approved zoning permit. The details are in the Rockton permits guide. One caution applies. The code library notes that its documents may not reflect the latest legislation, and the current form lists a twenty dollar review fee where the code library text lists no fee for remodeling or an addition and fifty dollars for new construction on a vacant lot. When a posted code and a posted form disagree, the village office is the one that can say which one controls.

The Winnebago County Health Department is a second county office that touches every one of these parcels that has a well or a septic system. Its inspectors oversee licensed well and septic contractors and conduct loan inspections and site verifications. One of its application types is a Well/Septic Verification, described as verification that proposed construction will not adversely affect existing well or septic systems, and the examples it gives are additions, garages, pools and decks. The department's phone is 815-720-4100. A village zoning office and the county building division are not the same office as the health department, so a deck on a lot with a septic field can touch three offices. The county's well and septic rules are covered in the Winnebago County wells and septic guide.

There is one more county-wide layer behind all of it. The Building Division lists the codes it follows. They are the 2015 International Building Code, the 2015 International Residential Code, the 2014 National Electric Code, the 2015 International Fire Code, the 2015 International Fuel Gas Code, the 2015 International Mechanical Code and the 2014 Illinois State Plumbing Code. The county's Codes and Ordinances page also lists the Winnebago County Unified Development Ordinance for zoning and subdivisions, and it names two others outside Regional Planning, the Open Burning Ordinance overseen by the Sheriff's Department and the Storm Water Management Ordinance overseen by the Highway Department. The Building Division also posts reference sheets, including deck specifications, joist layout, stairs and railings, swimming pool electrical, egress windows and footings.

What The Differences Mean When You Are Buying

A seller's disclosure will not sort any of this out for you. The Illinois Residential Real Property Disclosure Report asks the seller whether they are aware of material defects in the septic, sanitary sewer or other disposal system. It asks about boundary or lot line disputes. It asks whether the seller has received notice of a violation of local, state or federal laws or regulations relating to the property that has not been corrected. The word "permit" does not appear anywhere on the form. So the form will not tell you whether a finished basement, a deck or a detached garage went through the right office, and it will not tell you which office that would have been. The answer sits in the records of the zoning office and the building division, and those records belong to whichever of the offices above covers the parcel.

That is why the first step in the section above matters for a buyer. A buyer who reads a village zoning ordinance for a parcel that is actually unincorporated is reading the wrong rule book. In both cases the phone call is quick, and the tax bill and the county's zoning maps are the documents to have in hand when you make it.

The differences in expiry windows have a practical meaning too. A county clearance that lapses after sixty days without a building permit, or without construction starting, is a clearance that needs to be reissued if the project stalls. A Cherry Valley zoning permit valid for up to one year from issuance gives a longer window but still ends. If a seller says a project was approved, the follow-up is the date. Ask which office approved it, which permit it was, and whether the work started within the window that office's form states.

The fee differences matter less than the structure. A fifty dollar accessory building fee in Roscoe and a twenty dollar review fee in Rockton are small, and the county tells you to call because its fees are subject to change by County Board action. The more useful question for a buyer is which fees were paid to which office, because that answer says which office has the file. A permit paid to Roscoe Village Hall is in a Roscoe file. A building permit from the county is in a county file. A shed over 200 square feet in Roscoe may have two.

The sources are silent on a few things, and they should not be filled in. They do not say how far back each office keeps its records. They do not say whether a village will release a permit history to a buyer on request. For those, the offices themselves are the source. Planning and Zoning at 815-319-4350 covers the county side, Roscoe's Village Hall at 815-623-2829 covers Roscoe, Cherry Valley's village hall at 815 332-3441 covers Cherry Valley, and Rockton Village Hall at 110 E. Main St. covers Rockton.

Bottom Line

The county Building Division services all of the villages named here, but zoning belongs to whichever government has the parcel inside its limits. Check the tax bill. If a village is on it, the village zoning office takes the first application. If no village is on it, Winnebago County Planning and Zoning does. The forms differ in what they ask, how long an approval lasts and what they cost, and two of the three villages say outright that no building permit follows until the zoning permit does. The county form is the one of the three read here that asks about wells, septic and flood plain on its face.

Before you act on a project or a purchase, confirm the office by phone with the tax bill in hand. If you are weighing homes for sale in Winnebago County and want the parcel side checked early, that one call saves time. Gambino Realtors has worked in the Rockford area since 1923, and this guide stays with what the offices themselves have posted.

Those answers are what the posted pages said when this guide was written. Village and county pages change, so the office you call has the last word.

Here are quick answers, with the same sources behind each one.

Frequently Asked Questions

If you are comparing homes for sale in Boone County with a Rockford-area address, this guide puts the two counties' published appeal rules side by side. Gambino Realtors is a Rockford-based brokerage that has been in business since 1923. Everything below comes from county and state pages read on October 13, 2026, and it explains what those pages say. It is not legal or tax advice. The Winnebago County Board of Review, at (815) 319-4463, and the Boone County Assessment Office, at 815-544-2958, confirm dates and forms for their own county.

The Deadline: One State Rule, Two Ways Of Publishing It

The state rule sits in the Property Tax Code, section 16-55. A complaint to affect the assessment for the current year must be filed on or before 30 calendar days after the date of publication of the assessment list. The same section decides what counts as filed. A complaint sent by United States mail is filed as of its postmark date. A complaint sent by another delivery service is filed as of the date on the shipper's tracking label. An electronic complaint counts as filed on the date received only if the board of review has adopted a rule that allows it.

The statute gives the length of the window. The counties supply the dates, and this is where the two pages feel different.

Winnebago County publishes a dated table for 2026, split into two groups of townships. The first group is Cherry Valley, Durand, Laona, Owen and Rockford. The second group is Burritt, Harlem, Harrison, Pecatonica, Rockton, Roscoe, Seward, Shirland and Winnebago. For both groups the assessments went online on July 31 at 5:00 PM and the notices were mailed on August 3. Here is the rest of the table.

• Publication date: August 5 for the first group, August 6 for the second.
• Complaint filing deadline: September 4 for the first group, September 5 for the second.
• Additional evidence deadline for a reduction request under 100,000 dollars: September 29 and September 30.
• Additional evidence deadline for a reduction request of 100,000 dollars or more: October 14 and October 15.

The Board's rules tie the two evidence dates to the filing deadline. Written evidence for a reduction under 100,000 dollars is due no later than 25 calendar days after the final date for filing complaints. For a reduction of 100,000 dollars or more it is 40 calendar days. If the last day lands on a weekend or a county holiday, the date moves to the next business day.

Boone County handles the same step differently. The County's Tax Cycle Overview says taxpayers may file within 30 days after the publication of assessment changes "or by September 10, whichever is later." The Board's 2026 rules state the 30-day rule without the September 10 alternative, that appeals must be filed on or before 30 days after the publication of the current year assessments, and add that the filing date will be published on the Boone County website. When the Board of Review page was read on October 13, 2026, it did not state a 2026 filing date. It said the appeal window for the 2025 assessments has closed and that the next opportunity begins after publication and notice of the 2026 assessment. That is an honest gap in what the county has posted. A Boone County owner who needs the date should call the Assessment Office rather than count days from a guess.

Both counties say the same thing about talking to the assessor. Both also warn that, by state law, the time for filing cannot be extended while that conversation happens. The conversation and the deadline run at the same time.

What happens to a late complaint is spelled out in Winnebago County and left broader in Boone County. Winnebago returns the whole complaint with a letter and a copy of the postmarked envelope, treats it as not valid and makes no decision.

One more shared point is the valuation date. Winnebago's rules say valuations for the 2026 assessment year are made as of January 1, 2026, and that all evidence should relate to that date. Boone's Tax Cycle Overview says the township assessor identifies and values all property by its status on January 1 of the assessment year, aiming for an assessed value of one-third of market value.

Filing: Where It Goes, What Goes With It, And Who May Sign

The filing rules are where an owner who has read one county's page can trip on the other's. This is the short side-by-side, followed by the detail behind each line.

• Winnebago address: Board of Review Office, 404 Elm Street, Room 301, Rockford, IL 61101. Boone address: 1212 Logan Avenue, Suite 101, Belvidere, IL 61008.
• Winnebago accepts mail and treats other delivery services by the shipper's tracking label. Its rules say facsimile or e-mail complaints will not be accepted. Boone accepts official postmarks, hand delivery to the Supervisor of Assessments Office and email to BOR@boonecountyil.gov. It does not accept faxes.
• Winnebago wants the original and one copy of the form and of all written evidence. Boone's rules call for one copy of the appeal form and evidence.
• Winnebago requires a separate form for each separately assessed parcel. Boone's rules do not say the same thing in the pages read.

The email line deserves a second look, because it is the sharpest difference. Winnebago's rules say plainly that facsimile or e-mail complaints will not be accepted, and mail without a legible, correct postmark that arrives late is deemed not filed in time. Boone's rules list email among the accepted methods and name the address. An owner who treats the two counties as interchangeable could file a Winnebago complaint by email and have it refused, or mail a Boone complaint without a postmark worth reading and lose the same date.

The form itself is a county form in both places. Winnebago's rules require the Winnebago County 2026 Real Estate Assessment Complaint Form, available on the Board of Review page or at the office. The Board will not send forms out by overnight express, fax or any method other than first class mail or email.

Winnebago's rules go into more detail on a few points. Every complaint must be signed by the property owner or by someone with standing to file. A condominium board of managers files all of its unit complaints together, with a list of the parcel numbers. A complaint form that cannot identify the property, is not signed, or lacks the required copies is treated as noncompliant. If it is not fixed in that time, the Board sends a decision to dismiss. The state statute sets the same floor, not less than 10 business days to bring a complaint into compliance.

Who may file is another place the counties line up in substance. Winnebago's rules say a complaint on property owned by a corporation, a limited liability company, a limited liability partnership or a limited liability limited partnership must be filed by an attorney licensed to practice law in Illinois. Boone's rules say corporations, limited liability companies, limited partnerships and similar entities must be represented by an Illinois-licensed attorney. Boone adds that any property owner, taxpayer or attorney may file, and that a taxing body with a revenue interest may also appeal. Winnebago lists further cases, such as a trustee for a trust or a representative of an estate for a recently deceased owner.

The evidence has to arrive with the complaint in Boone County. The rules require that the original appeal form and all evidence be submitted at the time of application. Evidence offered at the hearing may or may not be accepted and may be given less weight. Boone also says all information on the form is required, including the requested reduction in assessed value. If an appellant fails to present sufficient written evidence, the Board finds that no action will be taken for lack of evidence.

Winnebago's table separates the complaint date from the evidence date. The complaint comes in by the filing deadline, and the written evidence is due by the later date in the table, 25 or 40 days after, depending on the size of the reduction requested. The Boone rules pages read do not give a separate evidence date after the filing deadline.

What can be argued is similar but not identical. Winnebago lists three bases: overvaluation, equity and discrepancy in physical data. It states that neither the amount of taxes paid nor a change in tax rates is a basis, and that the Board has no authority over any valuation for a prior year, so the percentage of an assessment change is not a valid basis on its own. Boone lists incorrect assessor data, a recent sale of the property within twelve months of the assessment date, fair cash value, equity and matters of law. The burdens match. A fair cash value case, which Winnebago calls overvaluation, must be proved by a preponderance of the evidence, and an equity case by clear and convincing evidence.

The comparison rules differ in their numbers. Winnebago's Board examines the best three comparable sales from the complainant and the best three from the township assessor. It says sales that closed after January 1, 2023 and before April 1, 2026 are generally the ones considered. For equity, it prefers the five most similar properties and limits its review to the first ten from each side. Boone's county page asks for a minimum of three comparable sales within one year of the assessment date, and for an equity complaint, the address, property code numbers and assessed value of three or more properties.

Large reductions trigger a notice to the other taxing bodies in both counties. In Winnebago, a request for a reduction of 100,000 dollars or more means the Board must notify each taxing district, the complainant should supply the requested assessment total and check the matching box, and without that the Board will not make a reduction over 100,000 dollars. Boone's rules say the same about the requested total. The intervention clocks differ. A Winnebago taxing body files a letter of intent within 30 days of the notification letter. A Boone taxing district files a Request to Intervene within five days of the postmark on its notice.

After You File: Hearings, Decisions And The State Board

The two Boards sort complaints differently before anyone sits in a hearing room. Winnebago sorts by the size of the reduction. On a complaint seeking a reduction under 33,333 dollars the Board does a preliminary review, using the written evidence from the complainant and the township assessor, and sends a notice of its preliminary determination. The owner then has 10 business days after the date of the letter to ask for a hearing. If none is requested, the value on the notice becomes the Board's assessment for the parcel and the case closes.

Boone sorts by whether the owner is satisfied. The Board makes a preliminary decision on the evidence and sends preliminary notices to every owner who appealed. An owner who is not satisfied has five days from the postmark of that notice to call 815-544-2958 and schedule a hearing.

Hearing logistics follow the same pattern. Winnebago hearings take place at the County Administration Building, 404 Elm Street, Room 301 or 303, during business hours from 8:00 am to 5:00 pm, and virtual hearings are available on request. The rules schedule hearings in at least 15-minute intervals for reductions under 100,000 dollars and at least 30-minute intervals for 100,000 dollars or more. An owner who does not appear at the scheduled time gets a "Failed to Appear" notice and the case is closed.

Boone hearings take place in Boone County at a location to be announced, on weekdays between 8:30 a.m. and 5:00 p.m. A request for remote attendance by conference call must be made when the hearing is scheduled. The appellant and anyone testifying are sworn in, the appellant or the attorney presents the case and answers the Board's questions, and the township assessors may present evidence.

Winnebago's rules describe the Board's vote and the decision itself in detail. A motion on an assessment needs the affirmative votes of at least two full Board members, and final decisions are in writing and set out with specificity the facts necessary to sustain them. A Board decision that changes assessed value is effective only for the current assessment year. In Boone, the rules say that in most cases the final decisions are mailed to the owner and the attorney, if represented, and that the Board may render the decision at the hearing.

An appeal can raise a number as well as lower it. Boone's rules say the Board has authority to confirm, reduce or increase any assessment as appears just. State law adds a protection that applies in both counties. No assessment is increased until the person to be affected has been notified and given an opportunity to be heard.

Certificates of error follow a separate track with its own date. Both counties require evidence of an error in fact. Boone's rules say the request must be filed with the Assessment Office on or before the date the Treasurer takes judgment in October.

If the Board of Review decision does not settle it, the next stop in both counties is the Illinois Property Tax Appeal Board. State law gives a taxpayer 30 days after the date of written notice of the Board of Review decision. Winnebago's page says the appeal must be postmarked within 30 days of the date of the Board's decision, and that forms are available in the Supervisor of Assessments and Board of Review offices. Boone's Tax Cycle Overview says the owner has 30 days after the decision to file with the Property Tax Appeal Board in Springfield, and that forms and the Board's rules are available at the Assessment Office.

The two county pages describe the state board's hearings in different words. Winnebago's page says the hearings are generally held in Springfield. Boone's page says hearings by the state board are conducted locally by a hearing officer. Because the two pages are worded differently, an owner should confirm with the state board or the county office where a hearing would be held.

The state board's filing page lists the rules that apply to everyone. The appeal must be filed within 30 days of the written decision, on the board's prescribed forms, and a separate petition is needed for each year. Residential appeals seeking a change under 100,000 dollars can use comparable properties or an appraisal. A comparable sales case needs at least three recent sales in the grid, and an equity case needs at least three properties. Faxed or e-mailed appeals are not accepted, and the page also links an eFiling system.

Two statutory details cut across both counties. First, a taxpayer who skips the state board is not locked out. The statute says a taxpayer not satisfied with the board of review decision need not appeal to the Property Tax Appeal Board before seeking relief in the courts. Second, a missed hearing can cost the later appeal. Where the board of review gave written notice of its hearing 30 days ahead, failure to appear is grounds for dismissal, and the state board then has no jurisdiction to hear a later appeal on that complaint.

Bottom Line

The shared fact is the 30 calendar days from publication, and the counties differ in how plainly they put a date on it. Winnebago County posts a 2026 table with filing and evidence dates for each township group, so an owner can read the deadline off the page. Boone County's rules state the 30-day rule and promise that the filing date will be posted. When the page was read, no 2026 date was on it. In either county the safe move is to confirm the date with the office before relying on any count of days.

The other differences are mechanical but real. Winnebago refuses email and fax filings and wants an original plus a copy. Boone accepts email and wants a single copy of the form and evidence. Winnebago does a preliminary review of requests under 33,333 dollars and sets a hearing automatically for reductions of 33,333 dollars or more. Boone issues a preliminary decision and gives five days to ask for a hearing. The sources are silent on a few points a reader might expect, including a Boone rule on separate forms for separate parcels and a Boone cutoff for evidence later than the filing itself. Do not assume one county's rule from the other's page.

Boone's Tax Cycle Overview says the equalized assessed value of a property decides its share of the tax burden, which is why the appeal rules matter to an owner. To see how a bill is built, read how a Rockford property tax bill is built. The county-by-county detail is in Gambino's guides to Winnebago County assessment appeals and Boone County assessment appeals, and every Gambino guide is listed in the Illinois Real Estate Guide. If your search is in the Belvidere area, start with homes for sale in Boone County.

A few questions come up again and again once the two sets of rules are side by side.

Frequently Asked Questions

This guide is for anyone reading homes for sale in Winnebago County who is also looking across the line into Boone or Ogle County and wants the offices and deadlines side by side. Gambino Realtors is a Rockford-based brokerage that has been in business since 1923, and Rockford is in Winnebago County. Everything below comes from each county's own Treasurer and Board of Review pages, the 2026 Board of Review rules each county publishes, Illinois statutes and the Property Tax Appeal Board, all read on October 13, 2026. It reports what those documents say and compares them without ranking. It is not legal or tax advice, and each county office confirms its own dates and forms.

Paying The Bill: Three Treasurer Offices And The 2026 Dates

Two different offices sit on either side of a property tax bill. The Board of Review, covered in the next section, hears complaints about the assessment that the bill is built on. The Treasurer is the office to call about when and how to pay.

All three counties mailed their 2025 tax bills in the spring of 2026. Boone County's Treasurer says its 2025 real estate tax bills, payable in 2026, were mailed on May 1, 2026. Ogle County's Treasurer gives the same mailing date, May 1, 2026. Winnebago County's Treasurer says its bills were mailed in early May 2026. All three bills split the year into two installments, and the dates are where the counties differ.

• Winnebago County: first installment June 12, second installment September 11, 2026.
• Boone County: first installment June 1, second installment September 1, 2026.
• Ogle County: first installment Monday, June 8, second installment Tuesday, September 8, 2026.

Those are the dates for the 2025 bills, payable in 2026, as each Treasurer posted them.

Winnebago County Treasurer

The Winnebago County Treasurer's office is at 404 Elm Street, Room 205, in Rockford, and its phone number is (815) 319-4400. Office hours are Monday through Friday, 8 a.m. to 5 p.m. The Treasurer's page says the post office box was closed in 2024 and tells payers to use the physical address for mailed payments. Payment online or by phone goes through a payment servicer. The page lists a charge of 2.25 percent on card payments and says check, or routing and account number, payments are free. The county's Tax Information page adds three rules. Partial payments are not accepted. A payment must include the coupon numbered 1 or 2 from the bill, and checks are made payable to the Winnebago County Collector. A United States Postal Service postmark is accepted as the date of payment when a late penalty is calculated. The same page lists participating banks where a bill can be paid with cash or a check, and it asks payers to bring the bill.

Boone County Treasurer

The Boone County Treasurer's office is at 1212 Logan Avenue, Suite 104, in Belvidere, phone 815-544-2666, with office hours of 8:30 to 5:00, Monday through Friday. The office lists three ways to pay: online, at a bank, or by other options described on its site. It also lists a pay-by-phone number, 815-247-4403, for credit or debit card or e-check, and says fees apply. The Treasurer's home page tells readers where to take other questions. Assessments, exemptions and address changes go to the Boone County Assessment Office at 815-544-2958. Tax rates and redemption of delinquent taxes go to the Boone County Clerk's Office at 815-544-3103.

Ogle County Treasurer

The Ogle County Treasurer's office is in the old courthouse at 105 S. 5th Street, Suite 114, in Oregon, phone (815) 732-1100. Office hours are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding holidays. The mailing address is Ogle County Collector, P.O. Box 40, Oregon, IL 61061. The Treasurer's page names the payment methods as cash, a check payable to the Ogle County Collector, or a credit card, in person at the Treasurer's office or at any bank in Ogle County. Online payment is also offered and carries a convenience fee. Mailed payments must be postmarked by the due date. The bill is a single document with stubs for both installments, and the Treasurer says no additional notice is mailed before the second installment.

Ogle County's Treasurer page also carries a notice the other two pages did not. Starting October 1, 2026, property tax payments are certified funds only, meaning a cashier's check, money order or cash, and online payments are not available. The same page lists Wednesday, November 4, 2026 as the last day to pay and Thursday, November 5, 2026 as the date of the real estate and mobile home tax sale.

What State Law Says About A Late Payment

Section 21-15 of the Property Tax Code sets the late-payment rule. For a county with fewer than 3,000,000 inhabitants, unpaid taxes bear interest at 1 1/2 percent per month or portion of a month. An installment is delinquent after the later of the statutory date, June 1 for the first installment and September 1 for the second, or the day after the due date printed on the bill. The statute also says a payment received by mail and postmarked on or before the due date is not delinquent. Ogle County's Treasurer states a late fee of 1.5 percent per month and says parts of a month count as a month. Winnebago County's Tax Information page says back taxes cannot be paid through its website and sends payers to the Winnebago County Clerk at (815) 319-4253.

Filing The Complaint: Where It Goes And How Each Board Takes It

The state rule is the same everywhere. A complaint to affect the current year's assessment must be filed on or before 30 calendar days after the date of publication of the assessment list. The statute also says mailed complaints count as filed on the postmark date, and complaints sent by a delivery service other than the Postal Service count as filed on the date on the shipper's tracking label. Filing by electronic transmission counts only if the board's own rule allows it.

Each county's rules also say the same thing about the township assessor. The Winnebago, Boone and Ogle County rules all encourage a property owner to talk with the township assessor before filing, . Winnebago County's Board of Review page adds that an assessor who still has the assessment books for the year can correct an assessment, so calling the assessor's attention to an error early may fix it without a formal appeal.

Winnebago County Board of Review

The Winnebago County Board of Review is at 404 Elm Street, Room 301, in Rockford, and the 2026 rules give 815-319-4463 as its phone number. The county's page says assessments are generally published at the end of July and tells readers to check back in mid-July for the exact dates. For 2026 the page prints a table by group of townships. Cherry Valley, Durand, Laona, Owen and Rockford Townships are in the first group. Burritt, Harlem, Harrison, Pecatonica, Rockton, Roscoe, Seward, Shirland and Winnebago Townships are in the second.

• Assessments online: July 31 at 5:00 PM for both groups.
• Assessment notices mailed: August 3 for both groups.
• Publication date: August 5 for the first group, August 6 for the second.
• Complaint filing deadline: September 4 for the first group, September 5 for the second.

The rules add the delivery details. Complaints go on the county's 2026 complaint form. Mail is filed as of the postmark and is addressed to the Board of Review Office at 404 Elm Street, Room 301. The rules state that facsimile or email complaints will not be accepted. A complaint that arrives after the 30 days is returned to the taxpayer with a letter and a copy of the postmarked envelope, and no decision is made on it. The filing must include the original and one copy of the complaint form and the original and one copy of all written evidence, and the rules suggest keeping a complete copy.

Boone County Board of Review

The Boone County Board of Review works out of the Assessment Office at 1212 Logan Avenue, Suite 101, in Belvidere, and the assessment office number is 815-544-2958. The 2026 rules say an appeal must be filed on or before 30 days after publication of the current year's assessments, and that the filing date will be published on the county website. The Assessment Office's Tax Cycle Overview words it a little differently. It says taxpayers may file within 30 days after publication of the assessment changes or by September 10, whichever is later. Because the two Boone County documents are worded differently, the Assessment Office is the place to confirm the exact date for a given year.

Boone County's rules take more delivery methods than the other two. The Board accepts official postmarks, hand delivery to the Supervisor of Assessments Office and email submissions sent to BOR@boonecountyil.gov on or before the deadline. Faxes are not accepted. One copy of the appeal form and evidence is required. The Board of Review page read on October 13 says the appeal window for the 2025 assessments has closed and that the next opportunity begins after publication of the 2026 assessment notice. It links the 2026 rules and the residential and commercial appeal forms, and the text of that page does not print a 2026 filing date.

One more Boone County rule affects the form itself. If an appellant is requesting a reduction in assessed valuation of 100,000 dollars or more, the appellant must supply the requested assessment total on the form, because the Board must notify each taxing district. If the figure is not supplied, the Board will not make a reduction of that size.

Ogle County Board of Review

The Ogle County Board of Review is a three-person committee appointed by the Ogle County Board. Its filing office is the Supervisor of Assessments at 105 S. 5th Street, Suite 215, in Oregon, phone (815) 732-1150. The Board's page says appeals must be filed by United States mail postmarked by the deadline or in person by the deadline, and that faxes, emails and other electronic transmissions are not accepted. The rules measure the 30 days from publication of the assessment list in the newspaper. The county's FAQ says the same thing, that appeals must be filed within 30 days of publication of the assessment list in the newspaper. The Board of Review page and the 2026 rules do not print a 2026 date in the text read.

Ogle County's rules call for four sets of paper. They require one original and three copies of each document, four sets in all, and they say a separate appeal form is needed for each parcel. The requested assessed value must be written on the form, because incomplete forms are returned and a blank form or one lacking evidence is dismissed. The rules also spell out how mailing works. A complaint sent by the Postal Service is filed as of the postmark, and a package from another delivery service is filed on the date on the shipper's label, but that second rule applies only to items sent to the Suite 215 office or to P.O. Box 40.

The Three Boards Side By Side

• Filing clock: 30 days from publication in all three. Boone's overview adds "or by September 10, whichever is later." Ogle's rules and FAQ say publication in the newspaper.
• Email: not accepted in Winnebago County and Ogle County. Accepted in Boone County at BOR@boonecountyil.gov.
• Fax: not accepted in any of the three.
• In person: Ogle County says filed in person by the deadline. Boone County accepts hand delivery to the Supervisor of Assessments Office. Winnebago County's rules say that communications other than United States mail are filed as of the date the Clerk of the Board receives them, except that a delivery service counts by the date on the shipper's tracking label.
• Copies: original and one copy in Winnebago County, one copy in Boone County, original and three copies in Ogle County.
• 2026 dates printed on the county page: Winnebago County prints a full table. Boone County says the date will be published on its website. Ogle County prints no 2026 date in the text read.

After You File: Evidence, Hearings And The State Appeal Board

Once a complaint is in, the three counties handle the next steps differently, and the differences are in the rules rather than the statute. The statute sets a floor. If a timely complaint does not comply with the board's rules, the board must say which rules were not met and give the complainant not less than 10 business days to comply. Where a change of 100,000 dollars or more is sought, the board must serve the petition on the taxing districts at least 14 days before the hearing, and a district that wants to intervene must file a request at least five days before the hearing.

Winnebago County

Winnebago County's written-evidence deadline depends on the size of the reduction requested. For a request under 100,000 dollars the rules set the deadline at 25 calendar days after the final complaint filing date. For 100,000 dollars or more it is 40 calendar days. If the day falls on a weekend or a county holiday, it moves to the next business day. For 2026 the county's table lists the first group's evidence deadlines as September 29 for requests under 100,000 dollars and October 14 for 100,000 dollars or more, and the second group's as September 30 and October 15.

The preliminary review has its own rule. For a requested reduction of 33,333 dollars or more, the rules say no preliminary review is done and a hearing is set automatically. For smaller requests the Board sends a notice of its preliminary determination, and the notice says the owner may request a hearing within 10 business days after the date of the letter. If no hearing is requested, the value on the notice becomes the Board's assessment and the case is closed. Hearings are held at the County Administration Building, 404 Elm Street, Room 301 or 303, and the county's page says virtual attendance can be arranged by contacting the office.

Boone County

Boone County asks for the evidence up front. Its rules say the original appeal form and all evidence must be submitted at the time of application. Evidence offered at the hearing may or may not be accepted and may be given less weight. The Board then makes a preliminary decision on the evidence and sends preliminary notices to owners who appealed. An owner who is not satisfied has five days from the postmark of the preliminary notice to call the Assessment Office at 815-544-2958 to schedule a hearing. Hearings are held in Boone County at a location to be announced, and a request to attend by conference call must be made when the hearing is scheduled.

Ogle County

Ogle County puts the choice on the form. An appellant may request an in-person hearing or ask the Board to decide on the evidence provided, and if neither is chosen the Board decides on the evidence. Evidence supporting the owner's opinion of value must reach the Clerk of the Board within 30 days from the appeal deadline, or the appeal is subject to dismissal. A taxpayer who asked for a hearing is notified by mail at least ten days before it, and the complainant is allotted approximately ten minutes. The Board's page says it typically meets more regularly in November, December and January, after the filing deadline has passed.

The State Appeal Board Is The Same For All Three

An owner who disagrees with the Board of Review's decision has the same next step in every one of these counties. Under 35 ILCS 200/16-160, in a county with fewer than 3,000,000 inhabitants, a dissatisfied taxpayer may appeal to the Property Tax Appeal Board within 30 days after the date of written notice of the Board of Review's decision. The Property Tax Appeal Board's own filing page tells readers to check the date of the written decision and says the appeal must be filed within 30 days. The Winnebago County page says the appeal must be postmarked within 30 days and that hearings are generally held in Springfield. Boone County's overview says the same 30 days and adds that the state board's hearings are conducted locally by a hearing officer. The Ogle County rules give the state board's mailing address as 401 S. Spring Street, Room 402, Springfield.

The statute adds a warning that applies everywhere. Where the board of review gave written notice of its hearing 30 days ahead, failure to appear at that hearing is grounds for dismissal of the appeal, and the state board then has no jurisdiction to hear that complaint. In Ogle County's rules the same idea appears as a plain line. If an appellant who requested a hearing does not appear, the Board may dismiss the complaint.

Bottom Line

The 30-day clock is the one number all three counties share, and it is the one that cannot be moved. Everything around it differs. Winnebago County prints a dated table, does not accept fax or email, and asks for the original and one copy. Boone County takes mail, hand delivery and email, and says the filing date is published on its website. Ogle County takes mail or in-person filing, counts the 30 days from publication in the newspaper, and asks for the original and three copies. The Treasurer's side differs the same way, with first installments on June 1, June 8 and June 12 in the three counties and different office addresses, hours and payment methods.

Before anything else, find the date on the county's own page and the address the paper has to reach. For readers who are weighing homes for sale in Winnebago County against the neighboring counties, the offices above are the ones to call.

Related Gambino guides cover Winnebago County assessment appeals, Boone County assessment appeals, the Winnebago County tax sale and the Illinois Real Estate Guide.

The answers below stay with what the county pages, the rules and the statutes say, and each one names the county it comes from.

Frequently Asked Questions

Gambino Realtors has been in business since 1923, and this guide stays with rules and facts, not opinions about neighborhoods. If you are looking at addresses on our Rockford real estate listings, the three municipal lines below are worth reading before a showing. We do not rank the three places. A combined rate is only half of a bill, because the taxable value of the particular house is the other half, and the report does not say anything about house values.

The numbers come from the Winnebago County Clerk's 2025 District Rates by Tax Code report, run on March 30, 2026, and from the county's municipal rate list, its district listing, its equalization factors and the Treasurer's own pages. The Loves Park and Machesney Park statements come from those two municipalities' own sites. Every figure here was read from those pages on October 13, 2026.

The Municipal Line, Side By Side

Start with the lines that answer the question directly. The table below uses only what the county report and the municipal pages state, and each cell was counted or read directly.

Read the first row as the answer and everything below it as context. In all three places the county, the forest preserve and the community college lines are the same numbers, 0.6300, 0.0797 and 0.4557. What changes is the city line and the set of other bodies that attach to each address.

Now consider what each municipality says for itself. The City of Loves Park's Treasurer page states that the city "does not levy or collect a municipal property tax," that the municipal line item on a Loves Park bill shows zero dollars, and that this has been true since 1978. The Village of Machesney Park's history page says the village "is proud to levy no municipal property tax." The village's audited financial report for the year ended April 30, 2025 says the same thing in accounting language. It adds two details that explain why a zero line is not the same as no money. The village receives one half of the Road and Bridge tax levied by Harlem and Rockford townships on property inside the village, and it receives incremental property taxes in the TIF districts it established.

Rockford's side is a figure, not a statement. The county's 2025 listing by district type shows the City of Rockford line at 1.7403, with a Total EAV of 2,900,413,991 and a Total County Extended amount of about 48.2 million dollars. The same listing shows Loves Park City and Machesney Park Village each at 0.0000 and each extended at nothing. The county pages read for this guide carry no separate statement about Rockford, so the report itself is the source.

The county's municipal rate list for 2025 also shows that all three combined rates fell from 2024. Rockford went from 9.4764 to 8.8290, Loves Park from 8.2705 to 7.9659 and Machesney Park from 7.9615 to 7.6745. Those are rates for one reference tax code in each place, not forecasts, and the report does not say what a bill will do next year.

What Fills The Bill When The City Line Is Zero

The Winnebago County Treasurer's FAQ explains why rates differ so widely inside one county. Every parcel sits inside a specific combination of taxing bodies, and the rate varies because the number of taxing bodies attached to each parcel varies. The county calls each combination a tax code. So the city line is one piece, and the pieces around it are what separate one address from the next.

Here is how the surrounding pieces count up. The Rockford Park District line, 0.7573, appears in 44 of the 55 Rockford codes, in 26 of the 32 Loves Park codes and in 2 of the 23 Machesney Park codes.

Townships behave the same way. In the Rockford codes, the Rockford Township line (0.0769) appears in 40 of 55, with Owen Township in 7, Cherry Valley Township in 4, and Burritt and Winnebago townships in 2 each. In the Loves Park codes, Harlem Township (0.0835) appears in 21 and Rockford Township in 11. In the Machesney Park codes, Harlem Township appears in 19, Owen Township in 3 and Roscoe Township in 1. A township road line appears alongside. Harlem Township Road is 0.0359 and Rockford Township Road is 0.0949.

Rockford School District 205 is 4.5043 and Harlem School District 122 is 5.5075. In the Rockford codes, District 205 appears in 47 and Winnebago Unit District 323 in 5, with Harlem 122, Meridian 223 and Pecatonica Unit 321 in one code each. In the Loves Park codes, Harlem 122 and Rockford 205 each appear in 16. In the Machesney Park codes, Harlem 122 appears in 14, Rockford 205 in 7, and Rockton District 140 and Hononegah High School District 207 in 2 each. This guide does not describe or judge any school.

The fire district line is where Machesney Park stands apart in the report. No fire district line appears in any of the 55 Rockford codes or the 32 Loves Park codes. Every one of the 23 Machesney Park codes carries one. Harlem-Roscoe Fire (0.5868) is in 16 of them, North Park Fire (0.4659) in 4, Northwest Fire (0.4612) in 2 and Rockton Fire (0.5368) in 1. The village's own history page names three of those districts as regional partners for emergency services. The county report does not show a fire line for Rockford or Loves Park, and we do not read anything into that beyond what the report lists.

TIF lines show up in all three places and all of them sit at 0.0000. The Treasurer's Tax Information page explains the idea. A TIF listing means the property is in a tax increment financing district. The revenue comes from the increase in assessed value since the district was created, and it can only fund projects inside the district. For questions about a specific district, the Treasurer points people to the local government that sponsors it. A TIF line at 0.0000 is information about where the property sits, and it is not a surcharge.

Why Two Addresses In One Town Can Land Far Apart

Because the other bodies vary, two addresses inside the same municipality can have different combined rates even though the city line is identical. Take the lowest and highest Rockford codes in the 2025 report. Code 131 totals 7.9588 and code 021 totals 9.8322. In both, the City of Rockford is 1.7403, the county is 0.6300, the forest preserve is 0.0797 and the Rockford City Library is 0.3019. The difference comes from what else is attached. Code 021 adds the Rockford Park District at 0.7573 and Four Rivers at 0.1129, and its school line is Harlem School District 122 at 5.5075. Code 131 has neither of the first two, and its school line is Rockford 205 at 4.5043.

The same pattern holds in the other two places. Loves Park code 012 totals 6.0925 and has no park district or sanitation authority line, while code 002 totals 8.0183 and carries both along with the Harlem school line. Machesney Park code 108 totals 6.6793 with Harlem-Roscoe Fire and Rockford 205, and code 152 totals 8.5527 with the same fire line plus the Rockford Park District, Four Rivers and Harlem 122. The ranges in the table overlap, so the town name alone does not fix the combined rate. The two school lines named here differ by 1.0032, which is 5.5075 minus 4.5043.

That is why a comparison by town name alone can mislead. If someone tells you Rockford is higher or lower than a neighboring place, ask which tax code they mean. The combined rate for a specific house is the one printed on that parcel's bill. The Treasurer's home page offers a "View or Pay Bill" option online, and the Treasurer's office can answer questions about a bill.

Then comes the second half of the formula. The Treasurer's "Understanding Your Bill" page says the tax is calculated by dividing the taxable value by 100 and multiplying by the rate. As a plain illustration of the arithmetic, 10,000 dollars of taxable value at 1.7403 on the city line alone produces 174.03 dollars. At the combined rate for Rockford's code 001, 8.8290, the same 10,000 dollars of taxable value produces 882.90 dollars. At Loves Park's code 006 rate of 7.9659 it produces 796.59 dollars, and at Machesney Park's code 144 rate of 7.6745 it produces 767.45 dollars. Those are demonstrations of the formula and nothing more.

Taxable value comes from the assessor. The Treasurer's page explains that the township assessor sets the assessed value, that the Supervisor of Assessments applies a multiplier called an equalization factor so assessment levels are similar among townships, and that for most properties the resulting value should be one-third of fair market value on January 1 of the tax year. The county's 2025 equalization factors list Rockford Township at 1.1143 and Harlem Township at 1.0996. The percentage change depends on which township the property is in, which is one more reason the township line on a bill is worth noticing. The Treasurer's office states that it has nothing to do with the amount of taxes owed, so questions about an assessed value go to the township assessor.

Exemptions change the taxable value, and the Supervisor of Assessments handles all exemption questions at (815) 319-4460. Our guide to Winnebago County homestead exemptions in Rockford walks through what the county lists.

Winnebago County bills a year in the rear. The 2025 bills were mailed in early May 2026, with installments due June 12 and September 11, 2026. The first installment must be at least half. Late payments add 1.5 percent a month, starting one day after the due date, and the county does not accept partial payments. If you are buying, check the proration line on your settlement statement. For the fuller mechanics of a Rockford bill, read how a Rockford property tax bill is built.

Each of the other two places has its own guide with the full list of lines for its codes. The Loves Park piece, Loves Park property taxes: what is on your bill, and the Machesney Park piece, Machesney Park property taxes: what is on your bill, go line by line through the codes summarized above. Use them when you have an address in hand and want to see the full list of lines for its codes.

Bottom Line

Rockford levies a city property tax, and the county's 2025 report shows it at 1.7403 in all 55 Rockford codes. Loves Park and Machesney Park levy none, and the report shows 0.0000 for each in every code that names them. That is the whole answer to the municipal question, and the Loves Park and Machesney Park pages say the same for themselves.

It is only one line of a bill. A zero does not tell you the total. The library, the park district, the sanitation authority, the township, the fire district and the school district all vary by address, and the combined rate can differ more inside one town than between towns. Find the parcel, read the tax code, and confirm the line items with the Winnebago County Treasurer before closing.

When you are ready to compare real addresses, start with our Rockford real estate listings, then pull the tax code for any house you like. Our Illinois Real Estate Guide links every Gambino Realtors article on taxes, flood rules, zoning and closing costs in one place. This guide is information, not legal, tax or financial advice, so confirm the specifics of any property with the Winnebago County Treasurer, the township assessor and your closing professional.

Here are short answers to the questions this comparison raises, each tied to the same county pages used above.

Frequently Asked Questions

How The 75 Hours Are Built

The requirement lives in Section 5-27 of the Real Estate License Act. It lists what a broker applicant must do: be at least 18, be of good moral character, hold a high school diploma or an Illinois High School Diploma verified under oath, provide satisfactory evidence of 75 hours of instruction in real estate courses approved by the Department, personally take and pass the written exam, and file an application with the fees set by rule. The 75 hours are one line in that list, and the same list also names the 15 hours of situational and case studies. Those 15 hours have to be presented in a classroom, by live interactive webinar or through online distance education.

One exception sits in the same section. The high school requirement and the 75-hour requirement do not apply to an applicant who is currently admitted to practice law by the Supreme Court of Illinois and is in active standing. Everyone else takes the course.

The state rule on broker pre-license education is short. An applicant must complete 75 credit hours of instruction, and the education stays valid for 2 years after the satisfactory completion of all the required pre-license education. The rule was amended effective July 7, 2025.

IDFPR's curriculum document states its own goal in one sentence: to give prospective licensees the knowledge necessary to prepare for the Illinois Real Estate Broker examination. It then splits the 75 hours into three parts inside two courses. The first course is 60 hours of Real Estate Topics, which covers parts 1 and 2 at 30 hours each. The second is 15 hours of Applied Real Estate Principles, which is part 3. The arithmetic is simple. Thirty plus thirty plus fifteen is seventy-five.

The rules back this up from the school's side. A licensed education provider that offers pre-license courses must offer a 60 credit hour course that includes, but is not limited to, introduction to license law, real property, current state and federal law, real estate transactions and real estate career paths. It must also offer the 15 credit hour Applied Real Estate Principles course. The words "not limited to" are in the rule, and a separate provision says the Division may approve courses that incorporate additional real estate topics. A school's outline can therefore carry more than the state's minimum list. The rules also say each school's outline has to conform to the standardized curriculum the Division provides.

Format is where the two courses differ. The 60-hour course may be provided in any format. The 15-hour course may be provided only in a classroom, through a live interactive webinar or by online distance education. Credit for a classroom, webinar or online distance course does not require an exam. Credit for a course taken by correspondence or home study requires passing an in-person, proctored exam. For those home study courses, the rule says the final exam must have at least 25 questions for every 15 credit hours, the minimum passing score is 75%, and the hours of the course do not count the time spent taking the exam. The rule also says any remote proctoring has to follow state and federal law, and that the school's registration material must tell the student in writing whether the exam is electronic, on paper or both.

Live webinars and online courses carry their own proof of participation. In a webinar, every participant has to answer or respond to at least one polling question per 50 minutes of instruction. In an online distance course, participants show proficiency through verifiable responses to questions built into the course content. For more on how those formats work in practice, see our article on getting your Illinois license online.

Two more rules shape how the hours are counted. A school must verify attendance, and a student gets credit only for time actually spent attending the course or, where it applies, for a passing score of at least 75% on the final exam. A school must also provide make-up classes for absent students, but no more than 10% of the total credit hours may include make-up hours. A student who misses any make-up credit hours fails the course. If you want to confirm that a particular school and course count at all, our guide on checking that a pre-license school is approved covers that step.

Part 1: The First 30 Hours, Introduction To Real Estate

Part 1 is the 30-hour Introduction to Real Estate. It has six subjects, and the hours add up to 30. The curriculum assigns them as 30 minutes of license law, 4.5 hours of real property, 3 hours of federal laws, 6 hours of the structure of agency, 9 hours of seller relationships and counseling, and 7 hours of buyer relationships and counseling.

License law gets the shortest block, 30 minutes. It covers the history and purpose of licensing, the licensure requirements, and the Real Estate License Act with its rules and regulations. Illinois law gets its own 3-hour block in Part 2.

Real property gets 4.5 hours. It starts with land characteristics: land measurement, mineral, air and water rights, and measuring structures and counting rooms. Legal descriptions follow, in three forms: metes and bounds, lots and blocks, and governmental surveys. The encumbrances unit names liens, easements, encroachments and title encumbrances. Ownership types include severalty, the types of co-ownership, common-interest ownership and life estate ownership.

The land use controls unit splits into government controls and private controls. Government controls are zoning, special land types, and environmental hazard regulations and disclosures. Private controls are deed conditions or restrictions, covenants, conditions and restrictions, and homeowners association regulations. The block closes with material defects and disclosures, and with personal property and fixtures.

Federal laws get 3 hours across three subjects. The first is fair housing together with the Americans with Disabilities Act. The second is antitrust. The third is disclosures. Fair housing appears again later in the curriculum, in the advertising block, the leasing block and the applied principles scenarios.

The structure of agency block runs 6 hours. It begins with agency relationships and lists four: designated agency, single agency, dual agency and no agency. It then separates a client from a customer and walks through the statutory responsibilities, confidentiality requirements, required disclosures, latent defects and stigmatized properties, and the disclosure of an ownership interest or a conflict of interest.

Seller relationships and counseling gets 9 hours, the biggest block in Part 1. It opens with agency disclosure, the duties owed to seller clients, and dual agency consent or denial. The core is the listing appointment, which the curriculum breaks into nine pieces: gathering data, proof of title, qualifying the seller, determining seller equity, property condition, short sale and foreclosure, compensation, listing agreement issues and disclosure forms. The block finishes with ongoing communications by oral, email, text and social media channels, and with the termination of agency.

Buyer relationships and counseling gets 7 hours and mirrors the seller block. It covers agency disclosure, buyer representation and dual agency consent or denial. It then covers qualifying a buyer by motive, urgency and financial qualifications. The duties to buyer clients are statutory and ethical duties, material facts disclosures, the buying process and offers of compensation. Showing property conduct has its own line. The block ends with the same communications channels and the termination of agency.

Part 2: The Next 30 Hours, State Laws And Transactions

Part 2 is the 30-hour State Laws and Transactions section. It has eight subjects. Illinois law gets 3 hours, advertising and technology 2, appraisal and comparative market analysis 3, financing 6, real estate calculations 3, contracts 8, transfer of title 3, and leasing and property management 2. Those add to 30.

The Illinois law block lists seven items. They are obtaining a real estate license in Illinois, administration of the license law, state and local disclosures, the Illinois Human Rights Act, unauthorized practice of law with reference to Quinlan and Tyson, licensed activities versus unlicensed activities, and disciplinary actions.

Advertising and technology gets 2 hours. Advertising and marketing practices cover truth in advertising, fair housing issues in advertising, and the requirements for print, electronic and social media. The technology half covers the Do Not Call Registry, the CAN-SPAM Act and phishing, and the requirements for handling confidential information.

The appraisal and comparative market analysis block gets 3 hours. The appraisal side covers the purpose and general steps of the appraisal process and how value is estimated. The comparative market analysis side covers selecting and adjusting comparable properties, historical sales and expired listings, market conditions and value, and understanding and communicating statistics.

Financing gets 6 hours, the longest block in Part 2 after contracts. It begins with concepts and terminology: points, interest, LTV, PMI and PITI. It then covers financing instruments, types of loans and the lending process. A full unit covers financing and credit law: Truth in Lending, Equal Credit Opportunity, the CFPB and TRID rules, predatory lending and mortgage fraud, and RESPA. The block ends with foreclosure, redemption and bankruptcy, and with credit scores, credit history and debt ratios.

Real estate calculations gets 3 hours and has three parts. Area calculations come first, then financing calculations, then calculations for transactions. The transaction list is property tax, prorations, commissions and commission splits, the seller's sale proceeds, the buyer's down payment and closing costs, PITI, and the transfer fee, revenue stamps or conveyance tax.

Contracts in real estate gets 8 hours, the largest block in Part 2. The curriculum lists fourteen items: basics of contract law, listing agreements, purchase agreements, addendums and contingencies and their effects, electronic signatures and paperless transactions, letters of intent, earnest money and escrow rules, presenting and negotiating offers, multiple offers, contemporaneous offers, terminating a contract, closing transactions, leases and security deposits, and employee and independent contractor agreements.

Transfer of title gets 3 hours. Title insurance covers its purpose, title searches, abstracts and chain of title, marketable versus insurable title, and potential title issues and remedies. Deeds cover their purpose, their types, their elements and recording. Closing covers the responsibilities of the title company or escrow agent, prorated items, closing statements and TRID disclosures, estimated closing costs and property taxes. The special process unit names foreclosure and short sale. The block ends with warranties, meaning the purpose and scope of home and construction warranties.

Leasing and property management closes Part 2 with 2 hours. It covers the basic duties of property management, lease agreements by type and key element, landlord and tenant rights and obligations, the property manager's fiduciary responsibilities, and fair housing and ADA compliance. The rules let a licensed education provider offer a separate 15 credit hour course for pre-license residential leasing agents, and we compare the two licenses in our article on the leasing agent license versus the broker license.

Part 3: The 15 Hours Of Applied Real Estate Principles

Part 3 is the 15 hours the Act describes as situational and case studies. The curriculum labels it an interactive course and calls it a practicum that reviews all the learning objectives. It is the part of the 75 hours with a restricted format.

The role play, situational and case study examples are seven in number. They are a listing presentation with the agreement and disclosures, buyer representation with agency and disclosures, designated agency disclosure and dual agency, writing purchase agreements and offers, presenting, negotiating and countering offers, handling multiple offers and counteroffers, and managing assistants.

The demonstration examples are three: a market analysis, a seller net sheet and a buyer's closing costs.

The curriculum lists seven "what if" situations. They are confronting fair housing violations and the proper handling of failing contracts by a seller or buyer, proper handling and disbursing of escrow money, distressed property issues, fair housing questions, antitrust scenarios, and inspection and repairs issues. The curriculum labels all of the Part 3 items as examples.

After the license is issued, a new broker also owes 45 hours of post-license education, which the rules set as three 15 credit hour courses on applied brokerage principles, risk management and discipline, and transactional issues. We cover that next stage in Illinois post-license education: the 45 hours explained.

The Bottom Line

The Illinois broker pre-license course is 75 hours. Sixty are real estate topics in two 30-hour parts, and 15 are applied principles taught through role play, demonstrations and "what if" situations. The 60 hours can be taken in any format. The 15 hours must be in a classroom, a live webinar or online distance education. The education is valid for 2 years after you complete it, so the exam and application have to fit inside that window.

Before you enroll, confirm that the school and the course are approved, and read the outline against the topic list above. The curriculum's stated goal is preparing you for the exam. Sponsorship is a separate step, because no applicant may engage in licensed activity until a valid sponsorship is registered with the Department. Our guide on how to choose your first brokerage covers that decision. Gambino Realtors has been in business in Rockford since 1923.

Those are the numbers and topics as the state publishes them. Here are quick answers to the questions the course list raises.

Frequently Asked Questions

The tiers are simple. What sits inside them is where people get tripped, and that is the purpose of this guide. Everything here was read from the Act, the rules and IDFPR's own restoration form in October 2026. If you are still choosing where to hold a license, how to choose your first brokerage is the place to start.

The Calendar: Three Tiers After April 30

A broker license expires on April 30 of every even-numbered year. Rule 1450.140(b) says so in one sentence. A managing broker license expires on April 30 of each odd-numbered year, and a residential leasing agent license expires on July 31 of each even-numbered year. This guide is written around the broker license, and where the other two differ the difference is named.

The last broker deadline was April 30, 2026. The next is April 30, 2028. Section 5-50(a) lets a licensee renew within the 90 days before that date by finishing the continuing education the Act requires and paying the fees set by rule. Do both inside that window and nothing in this guide applies to you.

Tier one: expired for less than two years

Section 5-50(c) makes an expired licensee eligible to renew during the two-year period following the expiration date. The licensee pays the fees prescribed by rule and completes the continuing education and other requirements. Rule 1450.140(i) puts it in nearly the same words: a license expired for less than two years may be renewed at any time by meeting the Part, paying the fees under Section 1450.130, and giving satisfactory evidence of continuing education.

The phrase "at any time" is the rule's own. You are renewing, only late. The fee for that is 200 dollars for the renewal and 75 dollars as a late fee under Section 1450.130(b)(2) and (3). Added together that is 275 dollars. The sum is plain addition of the two published figures and not a number the state prints, so confirm it with the Division before you send payment.

IDFPR's restoration form describes the process for this tier in one line. If the license has been expired for less than two years, the form says to email the Division at the address printed on it to request a late renewal application. That means the standard restoration form is not the one you want.

Tier two: expired for more than two years but less than five

At the two-year mark the renewal option closes. Rule 1450.140(i) says a license expired for more than two years is not eligible for renewal. Section 5-50(c) replaces renewal with restoration, which has four parts. You apply to the Department. You pay the required fee. You complete continuing education. And you file acceptable proof of fitness to have the license restored, as set by rule.

Count two years forward from April 30, 2026 and you reach April 30, 2028. That is simple arithmetic and it happens to land on the next broker deadline. The statute says "more than 2 years", so which day the line falls on is a question for the Division and not for this article.

Tier three: expired for more than five years

Section 5-50(c) ends the restoration path at five years. A licensee whose license has been expired for more than five years must meet the requirements for a new license. IDFPR's form repeats it in a note at the top: licenses expired for more than five years must meet the requirements of a new applicant. The exam and application side of that is covered in the steps, costs and timeline for getting a license.

One way an expired license is not your doing

Your own license can stop working because someone else's expired. Section 5-50(g) says every licensee associated with a broker whose license is revoked, suspended, or expired is considered inactive until that broker's license is reinstated or renewed, or a new valid sponsorship is registered. Your license is current in that situation, but you cannot practice on it. Inactive Illinois broker licenses and how to reactivate them covers that status in full, because inactive and expired are different conditions with different consequences.

Who gets the notice

The Department sends the renewal notice to the sponsoring broker for each sponsored licensee. That is in Section 5-50(f) and again in Rule 1450.140(l). The licensee is not the addressee. Rule 1450.140(g) adds that failure to receive a renewal notice is not a valid reason for failing to renew. So the notice can go to your brokerage, sit unread, and the deadline still binds you.

A related rule is Rule 1450.150(a). Each licensee provides an address of record that is not a post office box and an email address of record, and must report a change in either within 24 hours. The Division may serve documents by email, and service is complete on the day of transmission even if the message lands in a spam or junk folder. Keep both records current. Late renewal is expensive enough without learning about it from a folder you never open.

What It Costs And What Education It Takes

The cost of a lapse has two parts. One is money. The other is education, and this is the part where the state's own documents do not say quite the same thing.

The money, tier by tier

For a broker license the rule lists a renewal fee of 200 dollars per renewal, a late fee of 75 dollars for a license expired no more than two years, and a restoration fee for a license expired more than two years but less than five that is the sum of all lapsed renewal fees plus a late fee. That last sentence is Rule 1450.130(b)(4). IDFPR's form puts it in its fee box the same way: 75 dollars late fee plus the sum of all lapsed renewal fees.

Take an example of plain addition, not one the state gives. A broker whose license lapsed across two full renewal periods owes 200 dollars twice and 75 dollars once, which is 475 dollars. Whether a given licensee has two lapsed periods or one depends on the dates. The form asks you to total it. The Division confirms the figure.

Other license types use the same structure with different numbers. The managing broker renewal fee is 250 dollars and the residential leasing agent renewal fee is 150 dollars. Each has a 75 dollar late fee and the same restoration formula. All fees are payable to the Department of Financial and Professional Regulation, and Rule 1450.130(h)(1) says they are non-refundable.

The education, and where the Act and the form differ

For an ordinary broker renewal, Section 5-70 requires 12 hours of approved continuing education during the term. At least 6 of those are core hours, and the core includes at least 2 hours of fair housing. IDFPR's 2026 fact sheet describes the 12 hours as a 6-hour core course and 6 hours of electives, including a sexual harassment prevention training. For the course-by-course picture see the 12 continuing education hours explained.

Now the late path. Section 5-50(c) says restoration needs continuing education for the term of licensure that ended just before the application date. Read literally, that is one term. IDFPR's restoration form, revised September 2025, asks for something different. For a broker it asks for proof of 12 hours of continuing education, including a 1-hour sexual harassment prevention course, for each lapsed renewal. The form says the proof must be provided for each lapsed renewal.

Those two readings cannot both be right for the same applicant, and the article cannot settle it. The form is the state's own published instruction for restoration. The sensible course is to read the form for your situation and to ask the Division in writing at fpr.realestate@illinois.gov before you buy courses. Education bought for the wrong number of terms is money spent on the wrong thing.

Your first renewal term is treated separately

The form carves out the first renewal term. For a broker, if the missed renewal cycles include the first renewal term, the form says the applicant must complete the post-license education, which is 45 hours, for that term. If the missed cycles do not include the first renewal term, the form says proof of the post-license education is not needed. The Act's source for the 45 hours is Section 5-50(b), and the 45-hour post-license requirement has its own guide.

For a managing broker, the form asks for 12 hours of continuing education with a 1-hour sexual harassment prevention course plus a 12-hour broker management course for each lapsed renewal. If the missed cycles include the first renewal term, it asks for only the 12 hours of broker education for that term. For a residential leasing agent, it asks for proof of the 8-hour leasing agent core course for each lapsed renewal period, with no continuing education due for a first renewal term.

Three rules that still apply to the hours

A course can be counted only once in a term, under Section 5-70(i). No more than 12 hours of credit may be taken in a single calendar day, under Section 5-70(j). And courses must come from an IDFPR-approved education provider, per the fact sheet, which also points to IDFPR's CE Lookup page for a list of the courses you have completed. Section 5-80 puts the burden on the applicant. You certify full compliance on the application, you keep the evidence, and the Department may demand it.

What The License Cannot Do Meanwhile

The expired license does nothing. Rule 1450.140(h) says that practicing or offering to practice on an expired or inactive license is unlicensed practice and is grounds for discipline under Section 20-20 of the Act.

The penalty for working anyway

Section 20-10 sets a civil penalty of up to 25,000 dollars for each offense. The section applies to a person who practices, offers to practice, attempts to practice, or holds oneself out as a broker without being licensed. The Department assesses the penalty after a hearing, and the penalty is payable within 60 days after the order. The order constitutes a judgment. The Department also has the power to investigate unlicensed activity under Section 20-10(b).

There is a second consequence that arrives later. Section 5-50(i) says the Department will not issue or renew a license while the applicant or licensee has an unpaid fine or civil penalty for unlicensed practice, unless it is paid or on a payment plan that is current. Section 5-50(h) does the same for unpaid fines and fees from disciplinary matters. A penalty from a lapsed period can therefore stand between you and the license you are trying to restore.

What the form asks about the gap

The restoration form asks the applicant to list every state and date range where they practiced since the Illinois license expired or went inactive, with a short description of duties and whether any license was disciplined.

A yes answer carries a documentation requirement. The form lists what to attach for each.

The exception for military service

The Act and the rules carve out an exception. Section 5-50(d) and Rule 1450.140(j) say that a license that expired while the licensee was on active duty with the Armed Forces, called into state militia service or training, in training or education under United States supervision before induction, or serving as an employee of the Department may be renewed, reinstated, or restored without lapsed renewal fees and without the continuing education for that period. The licensee has to furnish satisfactory evidence of the service within 2 years after it ends. The rule adds that the licensee is not required to take an examination.

The paperwork, in the order the form takes it

For tier two the application is the Restoration Application, form IL 505-0760. It begins with the profession code and the fee. It asks for identifying information and the permanent mailing address, an email address of record, and the license number and dates. Then come the education proof, the practice history, and the personal history. Part IV asks about sponsorship. Part VI is an affidavit signed under penalties of perjury.

Part IV is where a restored license either becomes active or does not. If you have an actively licensed sponsoring broker, you say so. If not, the form gives two choices. You can restore the license without a sponsoring broker, and the form says the license will be inactive. Or you can add a sponsor with a Sponsor Card, which carries a 35 dollar fee. The path from inactive to active has its own guide in changing sponsoring brokers in Illinois.

Payment can be made online through IDFPR's ePay site, available since June 5, 2024 for Division of Real Estate fees, or by check or money order. The form says to email the application, the supporting documents, and the payment page to fpr.realestate@illinois.gov. It also lists a mailing address at the Department in Springfield. The affidavit includes the statement that the applicant understands the application fees are not refundable.

IDFPR's "Reactivate Your License" page directs Real Estate Division licensees to a request form that asks for the forms needed to reactivate. The form and the rules read for this guide do not state a processing time.

The Bottom Line

Think of an expired Illinois license in three tiers. Under two years, you renew late and pay the 75 dollar late fee in addition to the renewal fee. Between two and five years, you apply to restore it, pay all lapsed renewal fees and a late fee, complete the education and prove fitness. Past five years, you start as a new applicant. In every tier you cannot practice on it, and a penalty of up to 25,000 dollars per offense sits behind working anyway.

The dates that decide the tiers are fixed in the rule. April 30, 2026 was the last broker deadline and April 30, 2028 is the next. If you are weighing a brokerage before you renew, how to choose your first brokerage will help you ask the right questions. If you are looking at your own license and are not sure which tier it is in, the Division at fpr.realestate@illinois.gov is the office that confirms it. Gambino Realtors has been in business in Rockford since 1923. The rules here are the state's, and the state is who you ask.

The calendar is the easy part to remember and the paperwork is the part that gets people. These are the questions that come up when a date has already slipped.

Frequently Asked Questions

This guide walks through what the rule covers, what an agent has to do and in what order, what goes into the signed attachment, how long the paperwork stays on file, and what happens when someone gets it wrong. It stays with what the federal regulation and the EPA say. It is not legal advice, and a broker or an attorney confirms how any specific deal should be handled.

What The Rule Covers And What It Leaves Out

The rule comes from Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992, which sits in the federal code at 42 U.S.C. 4852d. The EPA and HUD enforce it together. The EPA's regulation, 40 CFR 745.100, states the purpose in one sentence of lists. A seller or lessor of target housing must disclose known lead-based paint and lead-based paint hazards, provide available records and reports, give the buyer the lead hazard information pamphlet, give purchasers a 10-day opportunity for a risk assessment or inspection, and attach specific disclosure and warning language to the contract before the purchaser is obligated.

The phrase "target housing" does the work. The regulation defines it as any housing built before 1978. The cutoff is tied to a date in the EPA's own explanation: lead-based paint for use in homes was banned in the United States in 1978. A house with a 1977 construction year is covered. A house built in 1978 is not.

The regulation also carves out a few kinds of housing from the definition. Housing for the elderly or for persons with disabilities falls outside it, and so does any zero-bedroom dwelling, meaning a place where the living area is not separated from the sleeping area. The regulation lists efficiencies, studio apartments, dormitory housing, military barracks and rentals of individual rooms. Both carve-outs have a catch. If a child under six lives or is expected to live there, the housing is target housing again.

Separately, 40 CFR 745.101 applies the rule to all transactions to sell or lease target housing, subleases included, with four exceptions. Sales at foreclosure are out. So are leases of housing that a certified inspector found to be lead-based paint free, short-term leases of 100 days or less where no renewal or extension can occur, and renewals of an existing lease where the lessor already disclosed everything and has received no new information since. A house sold at a foreclosure sale does not trigger the disclosure. A later sale of the same house by an ordinary seller is a different transaction, and your broker confirms how it is treated.

Two definitions matter when you read a report or a seller's answers. The regulation defines lead-based paint as paint or other surface coatings that contain lead equal to or in excess of 1.0 milligram per square centimeter or 0.5 percent by weight. It defines a lead-based paint hazard as any condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil, or lead-contaminated paint that is deteriorated or present on accessible, friction or impact surfaces. The EPA adds an important distinction on its own page. Lead-based paint is usually not a hazard if it is in good condition. Paint that is peeling, chipping, chalking, cracking or damaged is a hazard and needs prompt attention. The disclosure obligation covers both: the paint, and the hazard.

What the rule does not do is just as plain. It does not make a seller test for lead. It does not make a seller remove or fix lead paint. The regulation says nothing in the section implies a positive obligation on the seller to conduct any evaluation or reduction activities. The EPA and HUD fact sheet adds that the rule does not cancel sales or leasing contracts. The rule is a duty to share what is known, in writing, before the buyer is committed.

The state of Illinois gives the topic some local weight. The Illinois Department of Public Health says lead poisoning is caused primarily by lead-based paint in older homes, and it states that nearly 60 percent, or 3.25 million, of Illinois housing units were built before the 1978 federal ban. The department adds that lead-based paint was used both inside and outside homes, especially on windows, baseboards, trim and doors. Those figures say nothing about a particular house, since the rule turns on the year of construction and on what the seller knows.

What The Seller Does, What The Agent Does, And In What Order

Everything in 40 CFR 745.107 has to happen before the purchaser is obligated under a contract. That timing is the center of the rule, and it is the reason agents think of it as a front-end task instead of a closing task.

The seller has four jobs. First, the seller gives the purchaser the EPA-approved pamphlet. The regulation names "Protect Your Family From Lead in Your Home" and allows an equivalent pamphlet that EPA has approved for use in the State. Second, the seller discloses to the purchaser any known lead-based paint or lead-based paint hazards, along with whatever additional information is available, such as the basis for the determination, the location, and the condition of the painted surfaces. Third, the seller tells each agent the same thing and says whether any records or reports exist. Fourth, the seller gives the purchaser the records and reports that are available. For a multifamily building, that includes records for common areas and records for other dwellings, as long as they are part of an evaluation or reduction effort for the building as a whole.

The word "available" is defined too. It means in the possession of the seller or reasonably obtainable by the seller at the time of the disclosure. A report sitting in a seller's desk drawer is available. A report that a previous owner's contractor might have kept somewhere is a harder call, and that is a question for the broker, not a guess.

The 10-day window is its own step. Under 40 CFR 745.110, before a purchaser is obligated, the seller permits a 10-day period to conduct a risk assessment or inspection for lead-based paint or lead-based paint hazards. The parties can agree in writing to a different length, longer or shorter. The purchaser can also waive the opportunity entirely, so long as the waiver is in writing. The EPA points buyers who are concerned to hire a certified inspector and offers a Lead-Based Paint Professional Locator for finding one. The Illinois Department of Public Health notes that its lead program also licenses lead professionals.

Now the agent. The regulation defines an agent as a party who enters into a contract with a seller or lessor, or with the seller's representative, to sell or lease target housing. It specifically excludes a purchaser's representative who receives all compensation from the purchaser. In plain terms, the listing side carries this duty. A buyer's agent paid entirely by the buyer is outside the definition.

Under 40 CFR 745.115, the agent has to ensure compliance with the whole subpart. The regulation gives two steps. First, inform the seller of the seller's obligations under sections 745.107, 745.110 and 745.113. Second, either make sure the seller has done everything those sections require, or personally ensure compliance. The EPA's page puts it in a sentence worth remembering: agents are responsible, along with the seller or lessor, for complying with this rule unless the seller or lessor fails to disclose to the agent all information on lead-based paint or lead-based paint hazards.

That exception is the agent's protection. If the agent has informed the seller of the seller's obligations, the regulation says the agent is not liable for failing to disclose lead-based paint that the seller knew about but did not tell the agent. Note what that protection depends on. It depends on the agent having done the first step. An agent who never told the seller what the rule requires cannot lean on the exception.

Take a hypothetical. A seller lists a 1962 ranch house in Rockford. The seller's file contains a one-page paint inspection report from a refinance several years ago that flagged lead on the exterior window trim. The listing agent has to ask for any such records at the start, because the seller must disclose to the agent both the known paint and the existence of reports. If the seller hands the report over, the agent can see that it is a record "available" to the seller, and it goes to the buyer before the contract is signed. If the seller says nothing and the agent never asked, then the question of who carried the duty becomes a messy one that nobody wants to answer after closing.

The rule also covers the case where the sequence runs late. Under 40 CFR 745.107(b), if any disclosure activity happens after the buyer has made an offer, the seller must complete it before accepting that offer and must let the buyer review the information and possibly amend the offer. The reason is simple. A disclosure that arrives after the buyer is already committed is a disclosure that cannot change the buyer's decision.

The Signed Attachment, Record Keeping And What Goes Wrong

The federal rule does not rely on memory. Under 40 CFR 745.113, each contract to sell target housing includes an attachment with seven elements, in the language of the contract. If the contract is in English the attachment is in English, and if it is in Spanish the attachment is in Spanish.

• A Lead Warning Statement, with required wording that begins "Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint." It closes by recommending a risk assessment or inspection before purchase.
• A statement by the seller disclosing known lead-based paint and hazards, or saying the seller has no knowledge of any, along with whatever additional information is available.
• A list of the records and reports the seller has provided to the purchaser, or an indication that none are available.
• A statement by the purchaser that the purchaser received the information in the two items above and the lead hazard pamphlet.
• A statement by the purchaser that the purchaser either received the opportunity for the risk assessment or inspection or waived it.
• When an agent is involved, a statement that the agent has informed the seller of the seller's obligations under 42 U.S.C. 4852d and is aware of the duty to ensure compliance.
• The signatures of the sellers, agents and purchasers, with dates, certifying that their statements are accurate to the best of their knowledge.

The sixth item is where the agent's step under 745.115 gets written down. The document records that the agent informed the seller. That is why an attachment with an unsigned agent line, or an agent line signed without a real conversation behind it, is a problem. The signature certifies something.

Your brokerage will have its own version built into its contract package, so the sample is a reference point, not a replacement.

Retention comes next. Under 40 CFR 745.113(c), the seller and any agent keep a copy of the completed attachment for no less than three years from the completion date of the sale. The three-year figure is the regulation's minimum for the federal rule.

Electronic delivery has its own conditions. The EPA says that when disclosure information goes to a buyer electronically, the buyer must get a clear statement of the right to receive paper documents, the procedures to withdraw consent and the consequences of doing so, and how to access and retain the electronic records. The agent must also get the buyer's consent showing the buyer can access the forms electronically. The EPA's fact sheet points to the federal E-SIGN Act for this. The takeaway is that e-signing a PDF is not enough on its own. The consent step has to be recorded.

The rule also protects the seller and agent from one specific failure outside their control. Under 745.113(d), the seller, lessor or agent is not responsible if a purchaser's own legal representative, who receives all compensation from the purchaser, fails to pass the disclosure materials along. This holds only when all required parties have completed and signed the certification language. Again the signed attachment is the protection.

Then the consequences. The regulation and the statute stack several kinds of exposure, and it helps to separate them.

• Civil money penalties. A person who knowingly fails to comply is subject to penalties under 42 U.S.C. 3545 and 24 CFR part 30, and the HUD Secretary can seek a federal court injunction.
• Damages. A person who knowingly violates the rule is jointly and severally liable to the purchaser for three times the damages the purchaser incurred. A court can add court costs, reasonable attorney fees and expert witness fees for the party that brings the action and prevails.
• Environmental statute penalties. Failing to comply with sections 745.107, 745.110, 745.113 or 745.115 is a prohibited act under the Toxic Substances Control Act, and violators may face civil and criminal sanctions for each violation. The regulation text carries a per-violation penalty figure and warns that the current amounts may not reflect recent inflation adjustments, so check the current figure at the source and not in an article.

The word "knowingly" matters in the penalty provisions. The EPA's enforcement page also says it inspects the worksites and records of construction firms, property managers, landlords and real estate agents. Records are what an inspector looks at, which ties the retention requirement to the enforcement picture directly. A buyer who did not receive the disclosure for a pre-1978 home can report it to the EPA or to HUD, and the EPA says a company that violates the law can be required to pay a penalty and to comply.

One more point, because it trips up new agents. The federal form and the Illinois seller's disclosure report are two different documents under two different laws. Illinois requires the seller to deliver the written Residential Real Property Disclosure Report before the signing of a contract, and item 17 on that state form asks whether the seller is aware of unsafe concentrations of or unsafe conditions relating to lead paint, lead water pipes, lead plumbing pipes or lead in the soil. The state report covers more ground than paint, since it reaches pipes and soil. The federal attachment deals with lead-based paint and lead-based paint hazards and carries its own warning statement and signatures. Completing one does not complete the other. The Illinois seller disclosure report guide covers the state form line by line, and the radon testing guide covers the other environmental notice that comes with a sale.

The pamphlet itself changes. The EPA has posted a revised 2026 version of "Protect Your Family from Lead in Your Home" in English and several other languages. The agency says it does not require users to discard older versions, but to make sure the updated information is provided, users should supply a supplement in the appropriate language when using a prior version. The 2026 edition reflects new dust-lead action levels and dust-lead reportable levels that took effect January 12, 2026. For an agent, the habit that follows is simple: check the EPA page for the current version before you build a listing packet, and do not assume the stack of pamphlets in the office is current.

A final limit. This article describes the federal disclosure rule and the Illinois form item that touches lead. It does not cover the separate rules for contractors who renovate pre-1978 homes, and it does not explain how a lender, an appraiser or a municipality might treat a lead finding. If a client wants that, the right people are a certified lead professional, the lender, and the brokerage's attorney.

Bottom Line

The lead-based paint rule is short, dated and mechanical, and that is what makes it unforgiving. Before the buyer is bound, the pamphlet goes out, the known information and any records go to the buyer, the buyer gets 10 days or waives them in writing, and the seven-part attachment is signed by the seller, the agent and the buyer. The agent's own duty is to tell the seller what the rule requires and to see that it gets done, and the signed attachment is the proof. Keep the copy for at least three years. The seller does not have to test or fix anything, and a seller who knows nothing says so in writing.

If you are weighing where to start, look at how to choose your first brokerage with these duties in mind. Gambino Realtors has been in business since 1923 and is based in Rockford. For new agents, Gambino offers a personal business coach, weekly classes, sales meetings twice a month, and a mentor who goes along on first appointments. A new agent will meet this rule on the first pre-1978 listing, and having someone to walk through the paperwork is worth asking about. The wider set of guides is in the Illinois Real Estate Guide.

These are the questions worth settling before your first pre-1978 listing.

Frequently Asked Questions

This guide reads those statutes and the license law that sits beside them, section by section, so a new licensee knows what the text says before the first listing appointment. It is the legal backdrop to the choice described in how to choose your first brokerage, because every office you interview with works under the same two laws. It explains what the rules say. It is not legal advice, and the Illinois Department of Human Rights, HUD, IDFPR or an attorney confirms how a rule applies to a specific file.

Two Laws, One Licensee: Who Is Covered and On What Grounds

Start with the federal side, because it is the shorter list. Section 3604 of Title 42 makes it unlawful to refuse to sell or rent, to refuse to negotiate, or otherwise to make a dwelling unavailable because of race, color, religion, sex, familial status or national origin. It makes the same list apply to the terms, conditions and privileges of a sale or rental and to services and facilities connected with it. Handicap has its own paragraph in the same section. HUD's overview page for the Act lists the 7 grounds as race, color, national origin, religion, sex, familial status and disability. The statute itself uses the older word "handicap" for that ground.

The federal Act does not stop at sellers and landlords. Section 3605 covers anyone whose business includes engaging in residential real estate-related transactions, and the statute defines that phrase to include the selling, brokering or appraising of residential real property along with making loans to buy or repair a dwelling. Section 3606 adds something specific to the brokerage trade. It makes it unlawful to deny a person access to, or membership or participation in, a multiple-listing service, a real estate brokers' organization or any similar service relating to the business of selling or renting dwellings, or to discriminate in the terms of that access, on the same grounds. For a new agent the practical meaning is simple. The duty attaches to what a broker does for a living, and it includes the services a broker uses to do it.

Now the Illinois side. Section 3-102 applies to "an owner or any other person, or a real estate broker or salesman." The definition in Section 3-101(D) is the part a new licensee should read twice. A "real estate broker or salesman" is a person "whether licensed or not" who, for or with the expectation of receiving consideration, lists, sells, purchases, exchanges, rents or leases real property, or negotiates or attempts to negotiate any of those activities, or who holds oneself out as engaged in them. An unlicensed person who negotiates a sale for a fee is inside that definition. So is a licensee. The statute draws no line between them.

The Illinois grounds come in two layers. The first is the defined term "unlawful discrimination" in Section 1-103, which means discrimination against a person because of actual or perceived race, color, religion, national origin, ancestry, age, sex, marital status, order of protection status, disability, military status, sexual orientation, pregnancy, reproductive health decisions, or unfavorable discharge from military service. That is 15 grounds. The second layer is the 4 that Section 3-102 names in addition: familial status, immigration status, source of income and arrest record. Two definitions are worth knowing before you advertise or screen anyone. "Age" in the Act means the chronological age of a person who is at least 40 years old, outside the training and apprenticeship context. "Source of income" means the lawful manner by which an individual supports himself or herself and his or her dependents.

Familial status is defined closely alike in both laws. Both define it as one or more individuals who have not reached the age of 18 being domiciled with a parent or person having legal custody, or with that person's designee holding written permission. Both extend the protection to a person who is pregnant or is in the process of securing legal custody of a minor. The practical result is that a listing, a showing or a screening question cannot treat a household differently because a child lives in it or is expected in it.

One more definition belongs in this first section, because it sets how far the Illinois Act travels. Section 3-101(B) says a "real estate transaction" includes the sale, exchange, rental or lease of real property and any act that otherwise makes such a transaction available or alters a person's rights to real property. It also includes the brokering or appraising of residential real property and the making or purchasing of loans for buying, building or repairing a dwelling. A showing, a listing conversation, a text reply and an open house all sit on the "makes available" side of the line.

What a Broker Can Get Wrong: The Prohibited Acts, Line by Line

Section 3-102 of the Illinois Act reads like a checklist of a broker's workday, and it helps to take it one lettered paragraph at a time. Each paragraph is a separate civil rights violation.

• Paragraph (A), transactions: refusing to engage in a real estate transaction, denying real property, or discriminating in making a transaction available.
• Paragraph (B), terms: altering the terms, conditions or privileges of a transaction or the facilities and services that come with it.
• Paragraph (C), offers: refusing to receive, or failing to transmit, a bona fide offer from a person.
• Paragraph (D), negotiation: refusing to negotiate with a person.
• Paragraph (E), representations: telling a person that property is not available for inspection, sale, rental or lease when it is, failing to bring a listing to the person's attention, or refusing to let the person inspect.
• Paragraph (F), publication: making, printing, circulating, posting, mailing or publishing any notice, statement, advertisement or sign, or using an application form, or making a record or inquiry, that indicates a preference, limitation or discrimination on a protected ground.
• Paragraph (G), listings: offering, soliciting, accepting, using or retaining a listing with knowledge that discrimination is intended.
• Paragraph (H), criteria: using criteria or methods that have the effect of subjecting individuals to discrimination, unless they are necessary to achieve a substantial, legitimate, non-discriminatory interest that no less discriminatory practice could serve.

Three of these are worth slowing down on. Paragraph (C) means a broker who fails to transmit a bona fide offer because of a protected ground has committed a violation. Paragraph (E) includes the quiet version: failing to bring a listing to someone's attention. And paragraph (G) reaches the listing agreement itself. A seller who tells a broker to screen out a group is asking for a listing the broker may not accept, use or retain with that knowledge.

Here is a plain illustration, built from the statutory text and not from any real file. A seller asks the broker to put a line in the listing remarks saying the home is "not for children." That sentence is a notice or statement that indicates a limitation based on familial status. Paragraph (F) is aimed at exactly that. The federal rule is as direct. 24 CFR 100.75 makes it unlawful to publish any notice, statement or advertisement for the sale or rental of a dwelling that indicates a preference, limitation or discrimination on the federal grounds. It says the rule covers written and oral statements and names flyers, brochures, signs, banners, posters and billboards, and it lists using words, phrases, photographs, illustrations or symbols that convey a dwelling is available or not available to a particular group. The same section names selecting media or locations for advertising that deny a segment of the market information about housing opportunities. A broker's marketing plan is therefore inside the rule, and so is a casual remark to a prospective seller about the kind of buyer they would prefer.

Blockbusting, covenants and interference

Three older provisions still sit in the text. Section 3-103 of the Illinois Act is the blockbusting section. It is a civil rights violation to solicit a listing or sale on the ground of loss of value due to the present or prospective entry into the vicinity of a person or persons of a protected group, to distribute material designed to induce an owner to sell because of a change in the makeup of the residents nearby, or to intentionally create alarm among residents with a communication designed to induce a sale for that reason. The federal Act has its own version in Section 3604(e), which applies to a person who acts for profit to induce a sale or rental by representations about the entry or prospective entry of a person or persons of a particular group into the neighborhood.

Section 3-105 deals with restrictive covenants. Any provision in an oral agreement or written instrument relating to real property that forbids or restricts conveyance, encumbrance, occupancy or lease on the basis of race, color, religion or national origin is void, and so is any condition or restriction that directly or indirectly limits use or occupancy on those grounds. The section carries a carve-out for religious property held and used by a religious institution or organization for religious or charitable purposes. It also makes it a civil rights violation to insert a void provision in a written instrument or to honor or attempt to honor one in the chain of title. That last clause matters to a broker who finds old language in the chain of title. The statute names two acts, inserting a void provision and honoring one.

Section 3-105.1 is the interference section. It makes it a civil rights violation to coerce, intimidate, threaten or interfere with any person in exercising a right granted by Article 3, or on account of having exercised it, or on account of having aided or encouraged someone else to. Federal law has the matching provision at 42 U.S.C. 3617. A broker who responds to a complaint by threatening the person who made it has created a second problem on top of the first.

Disability duties that reach the transaction

Section 3-102.1 carries the Illinois disability rules, and it follows the structure of the federal text at Section 3604(f). It is a civil rights violation to refuse to sell or rent, or to otherwise deny a dwelling, because of a disability of the buyer or renter, of a person residing or intending to reside in the dwelling, or of any person associated with the buyer or renter. It also covers refusing to permit reasonable modifications of existing premises at the expense of the person with a disability, and refusing to make reasonable accommodations in rules, policies, practices or services when they may be necessary for equal opportunity to use and enjoy a dwelling. For a rental, the statute lets a landlord condition a modification on the renter agreeing to restore the interior, reasonable wear and tear excepted, and it bars raising a customary security deposit for a person with a disability.

The section also reaches design and construction. For covered multifamily dwellings first occupied after March 13, 1991, the common areas must be readily accessible, the doors wide enough for a wheelchair, and each unit must have an accessible route, reachable controls, reinforced bathroom walls for later grab bars, and usable kitchens and bathrooms. Section 3-101(H) defines "covered multifamily dwellings" as buildings of 4 or more units with one or more elevators, and the ground floor units in other buildings of 4 or more units. Section 3-102.1(K) also says nothing in the section requires a dwelling be made available to someone whose tenancy would be a direct threat to the health or safety of others or would result in substantial physical damage to others' property. Section 3-104.1 adds a separate protection for a blind or hearing-impaired person, or a person with a physical disability, who has a guide, hearing or support dog. It bars refusing to sell or rent because of the dog and bars an extra charge for it, other than for actual damage done to the premises.

The exemptions, and what changes when a broker is involved

Section 3-106 lists exemptions from Section 3-102, and a broker should read it for its limits. The private sale exemption in paragraph (A) applies only if the owner has no beneficial interest in more than 3 single family homes at the time of the sale, the owner or a member of the owner's family was the last current resident, the home is sold "without the use in any manner of the sales or rental facilities or services of any real estate broker or salesman," and no discriminatory advertisement or written notice is published. The federal exemption in 42 U.S.C. 3603(b)(1) is built the same way, with a cap of three single-family houses and the same condition that the sale proceed without a real estate broker's facilities or services. Once a broker is hired, that exemption is gone for the sale.

Two other exemptions turn on an owner living on site. Paragraph (B) covers renting a housing accommodation in a building with no more than 4 families living independently, if the owner resides in one of them. Paragraph (C) covers renting a room or rooms in a private home where the owner or a member of the owner's family resides. Each of the three says in plain words that it does not apply to paragraph (F) of Section 3-102, the publication paragraph. In other words, even an exempt owner may not publish a discriminatory advertisement. Paragraph (F) stays in force for all three.

The remaining paragraphs are narrower. Paragraph (D) preserves reasonable local, State or federal restrictions on the maximum number of occupants of a dwelling. Paragraph (I) removes the familial status provisions for "housing for older persons," defined as housing provided under a State or federal program the Department determines is designed for elderly persons, housing intended for and solely occupied by persons 62 or older, or housing intended and operated for occupancy by persons 55 or older where at least 80 percent of occupied units have at least one occupant 55 or older, the community publishes and adheres to its policies, and it complies with the Department's verification rules. Paragraph (K) allows an inquiry into or use of an arrest record if the inquiry or use is otherwise authorized by State or federal law. Federal law has its own list in Sections 3603 and 3607, including the same 62 and 55 categories.

What Follows a Complaint: Agencies, Clocks and Consequences

A fair housing complaint against a broker can move on three tracks at once, and each has its own clock. The statutes set them out in plain terms.

The first track is the Illinois Department of Human Rights. Under Section 7B-102, a charge in writing, under oath or affirmation, may be filed within one year after the date the civil rights violation allegedly was committed or terminated. The Department serves the respondent within 10 days. The respondent may be required to respond within 30 days, and allegations not denied in that window may be deemed admitted. The Department is directed to complete its investigation within 100 days of the filing, unless that is impracticable, and failing to meet the 100 days does not strip it of jurisdiction.

If the Commission finds a civil rights violation, Section 8B-104 lists the relief it can order. That includes a cease and desist order, actual damages, attorney fees and costs, a compliance report, posted notices and measures to make the complainant whole. It also includes a civil penalty per violation to vindicate the public interest, and the section sets 3 tiers. The ceiling is 16,000 dollars if the respondent has not been adjudged to have committed another violation under Article 3. It is 42,500 dollars if the respondent has been adjudged to have committed one other violation in the 5-year period ending on the filing date of the charge. It is 70,000 dollars for 2 or more violations in the 7-year period ending on that date. A separate penalty may be imposed for each specific act and for each aggrieved party.

The second track is federal. Under 42 U.S.C. 3610, an aggrieved person may file a complaint with HUD within one year after the alleged practice occurred or ended. Under Section 3613, a civil action in court may be brought within 2 years after the occurrence or termination of the practice. The court may award actual and punitive damages, injunctive relief, and a reasonable attorney's fee and costs to the prevailing party.

The third track is the license itself. The Real Estate License Act of 2000 lists the causes for discipline in Section 20-20(a). Two of them speak directly to this subject. Paragraph (30) is influencing or attempting to influence, by any words or acts, a prospective seller, purchaser, occupant, landlord or tenant in connection with viewing, buying or leasing real estate so as to promote the continuance of racially and religiously segregated housing, or so as to retard, obstruct or discourage racially integrated housing on any street, block, neighborhood or community. Paragraph (31) is engaging in any act that violates any provision of Article 3 of the Illinois Human Rights Act, "whether or not a complaint has been filed with or adjudicated by the Human Rights Commission." The Department, which the License Act defines as IDFPR, may refuse to issue or renew a license, place it on probation, suspend or revoke it, reprimand the licensee or take other action, and may impose a fine not to exceed 25,000 dollars for each violation.

Read paragraph (31) again, because it changes the order of events. License discipline does not wait for the Human Rights Commission. The statute makes the underlying act a ground for discipline whether or not a complaint was filed or adjudicated. A licensee can therefore face a license case on a track of its own, because the License Act lists the violation as a ground for discipline. The advertising rules in the same Act matter here too, and they are covered in Illinois real estate advertising rules for brokers.

The Bottom Line

The two laws overlap on the core. A broker may not refuse, misrepresent availability, advertise a preference or alter terms because of a protected ground under either law, and Illinois names 19 grounds across Sections 1-103 and 3-102 against 7 federal ones. Illinois also sweeps in any person who brokers a deal for pay, licensed or not. The exemptions are narrow, they fall away when a broker is used, and none of them excuses a discriminatory advertisement. The enforcement clocks are one year at the Illinois Department of Human Rights, one year at HUD and 2 years in federal court, and the License Act lets IDFPR act on the conduct itself.

For a new agent the working rule is to describe the property, not the person who might buy it, and to put the same facts in front of every person who asks. When a question is truly unclear, it goes to the broker, the Department of Human Rights, HUD or an attorney, not to a guess. Then use how to choose your first brokerage to compare the other things that differ from one office to the next. The full set of Illinois licensing guides is in the Illinois real estate guide. Gambino Realtors has worked in the Rockford area since 1923.

The statutes answer more than they first appear to. Here are six specific questions, each answered from the text.

Frequently Asked Questions

This guide walks through the rule line by line, then connects it to the Real Estate License Act of 2000 (225 ILCS 454) and the rest of Part 1450. It explains what the text says. It is not legal advice, and a question about a specific task belongs with your sponsoring broker, your designated managing broker or the Illinois Department of Financial and Professional Regulation (IDFPR).

What the Rule Lets an Assistant Do

Start with the opening sentence of Section 1450.740(a). Licensees may use the services of unlicensed assistants to help with "administrative, clerical, or personal activities for which a license under the Act is not required." That sentence sets the whole boundary. The assistant's work is paperwork, scheduling, errands and record keeping. It is not the work the Act reserves for people with a license.

Subsection (b) then lists 19 activities an unlicensed assistant may engage in under the supervision of a licensee. The rule adds that the list "is not intended to increase or decrease the scope of licensed activities." In other words, the list does not widen what an assistant may do beyond the Act, and it does not shrink what the Act already allows. It describes tasks that fall on the permitted side of the line.

The 19 items fall into a few natural groups, and it helps to read them that way.

Phones, messages and appointments

An assistant may answer the telephone, receive inquiries and forward messages and inquiries to a licensee. An assistant may schedule appointments for the licensee. There is one carve-out in that second item, and it matters. The rule says scheduling "does not include making phone calls, telemarketing or performing other activities to solicit business on behalf of the licensee." So an assistant can put a showing on the calendar when a client asks for it. An assistant cannot phone strangers to find new clients for the licensee.

An assistant may also respond to questions by quoting directly from published information. The word that carries the weight there is "directly." The assistant repeats what a published source says. The assistant does not interpret it, and interpretation appears on the prohibited list, which comes up in the next section.

Listings, keys, signs and showings support

Several items support a listing without touching the client relationship. An assistant may submit listing data and changes to a multiple listing service. An assistant may have keys made or secure entry codes for a listing. An assistant may place signs on property. An assistant may sit at a property for a broker tour that is not open to the public, and may gather feedback on showings.

Read that broker tour item closely. The rule permits sitting at a property for a broker tour only when that tour is not open to the public. Sitting at a public event is a different matter, and Section 1450.740(c) lists hosting open houses as something an assistant may not do. The public or not-public wording is the only thing separating the two, so it deserves attention.

Documents and public records

An assistant may obtain public information from any government source. The rule gives examples: a courthouse, a sewer district, a water district or any other repository of public information. An assistant may assemble documents for a closing and may follow up on a transaction after a contract has been signed.

An assistant may also complete contract forms with business and factual information, but only at the direction and approval of a licensee. For a new broker who has not yet finished the 45-hour post-license education, the approval comes from the designated managing broker instead. The word "factual" is doing real work in that item. Filling in a name, an address or a date is administrative. Deciding what a clause should say is not.

Advertising and promotional material

An assistant may draft advertising copy and promotional materials for approval by a licensee. An assistant may place advertising. An assistant may prepare and distribute promotional information under the direction and approval of a licensee. In each of these three items, the same new-broker rule applies: when the licensee has not completed the 45 hours of post-license education, the designated managing broker gives the approval.

The pattern is worth noticing. The assistant drafts, places and distributes. A licensee approves. The Act separately says advertising may not be fraudulent, deceptive or inherently misleading (Section 10-30(a)), and the rules require every advertisement to include the sponsoring broker's name (Section 1450.715(b)). Our guide to Illinois real estate advertising rules for brokers covers those requirements in full. The practical meaning for an assistant's work is simple. The assistant may type and post, but the licensee remains the person whose name and sponsoring broker's name the rules attach to.

Money and bookkeeping

Two items touch money. An assistant may record and deposit earnest money, security deposits and rents, but only at the direction of, and with approval by, the designated managing broker. An assistant may also compute commission checks and perform bookkeeping activities.

Notice who has to approve the deposits. It is the designated managing broker, not just any licensee. The rule ties handling of client money to the person who supervises the office. Part 1450.750, the special accounts section, backs this up by letting a sponsoring broker delegate bookkeeping duties to a bookkeeper, an accountant, an unlicensed assistant, a licensed assistant or a sponsored licensee. The same sentence says those duties must not go to a new broker who has not completed the 45-hour post-license education, and it says compliance remains the sponsoring broker's responsibility. Our guide to Illinois escrow and trust account rules for brokers explains the account side of that.

Files and tenants

The last items are the quietest ones. An assistant may monitor licenses and personnel files. An assistant may also provide concierge services and other similar amenities to existing tenants. The second item is limited to existing tenants, which keeps it on the service side of the line. Leasing a unit to a new tenant is licensed activity under the Act.

What an Assistant May Never Do

Subsection (c) of the rule gives the other half. An unlicensed assistant "may not perform licensed activities, including, but not limited to" five things. The words "but not limited to" mean the five are examples. They are not a complete list of what is off limits.

• Hosting open houses, kiosks, or home show booths or fairs.
• Showing property.
• Interpreting information regarding listings, titles, financing, contracts, closings, or other information relating to a transaction.
• Explaining or interpreting a contract, listing, lease agreement or other real estate document for or with anyone.
• Negotiating or agreeing to any commission, commission split, management fee or referral fee on behalf of a licensee.

Put the permitted list next to this one and the logic shows. Everything on the first list moves information or paper. Everything on the second list involves judgment or conversation with the public about a specific transaction or a specific home. That is the line the Act itself draws.

Where the line comes from in the Act

Section 1-10 of the Act defines a broker as a person who, for another and for compensation, or with the intention or expectation of compensation, does a series of things. The list includes selling, renting or leasing real estate, offering to do so, negotiating, and listing. It also includes items that go well beyond selling. The definition covers anyone who "assists or directs in procuring or referring of leads or prospects" intended to result in a sale or lease. It covers anyone who "assists or directs in the negotiation of any transaction." It covers anyone who "opens real estate to the public for marketing purposes." And it covers preparing or providing a broker price opinion or comparative market analysis.

Line those up with the assistant rule. Opening real estate to the public is the open house, and the rule bars assistants from hosting them. Assisting or directing in negotiation is the commission, split and fee language in item five.

Section 5-15(a) of the Act makes it unlawful to act as a managing broker, broker or residential leasing agent, or to advertise or assume to act as one, without a license and a valid registered sponsorship. An assistant who crosses into one of the five prohibited activities is no longer assisting. That person is acting as a broker without a license.

What unlicensed practice can cost

Section 20-10 of the Act sets a civil penalty for a person who practices, offers to practice, attempts to practice or holds oneself out to practice as a managing broker, broker or residential leasing agent without a license. The penalty is not to exceed twenty-five thousand dollars for each offense, and the Department sets it after a hearing. The same section gives the Department power to investigate any unlicensed activity.

A short scenario shows how the rule reads in practice. Picture an assistant at a brokerage who is asked by a buyer, during a phone call about a listing, whether the earnest money is refundable if the inspection goes badly. Quoting a line from a published document would be permitted, in the sense of the rule's item about quoting directly from published information. Telling the buyer what the contract means for that buyer's situation is different. The rule bars "explaining or interpreting a contract" for or with anyone. The right move for the assistant is to pass the question to the licensee, which is the first item on the permitted list: receive inquiries and forward them to a licensee.

Who Answers for the Assistant, and Who Can Pay Them

The rule puts responsibility on the licensee. Section 1450.740(d) says any licensee who supervises an unlicensed assistant "shall be responsible for the unlicensed assistant's acts or omissions." It adds that any licensee who "permits, aids, assists or allows an unlicensed assistant to perform any licensed activities shall be in violation of the Act." Two things follow from that sentence. The licensee is. Second, the licensee cannot avoid the problem by saying the assistant acted without being asked. Allowing it is enough to violate the Act.

The sponsoring broker and the managing broker

The responsibility climbs the ladder. Section 1450.700(b) lets a sponsoring broker delegate to unlicensed personnel, including accountants, office managers and unlicensed assistants, "activities or duties not prohibited by the Act or this Part." A licensee who supervises that person is responsible for the person's actions. Section 1450.705(b) adds that a designated managing broker supervises the activities of licensees and unlicensed assistants in the offices that person manages. That supervision includes training all sponsored licensees and unlicensed assistants and supervising all advertising for any service that needs a license.

The rules also draw a careful boundary around discipline. Under Section 1450.700(f), a violation of the Act by an unlicensed assistant or other unlicensed employee is not cause for suspending or revoking the sponsoring broker's license unless the sponsoring broker had knowledge of the violation. Section 1450.705(e) says the same for a designated managing broker. The rules then add the other side. A sponsoring broker's failure to provide an appropriate written company policy, or to properly supervise, is cause for discipline, including suspension or revocation. Knowledge is the hinge. A broker who does not know is protected on the license question, while a broker who failed to supervise is not.

For a reader deciding between brokerages, this is a useful question to ask during an interview. Ask whether the office has a written company policy, since Section 1450.700(a) requires one from any sponsoring broker other than a sole proprietor with no other sponsored licensees. Ask who the designated managing broker is. The titles and what each person does are covered in broker vs managing broker in Illinois.

New brokers and the 45 hours

Until a new broker finishes the 45 hours, the designated managing broker must directly oversee all earnest money and escrow, take part in contract negotiations and approve all of that licensee's advertising. A new broker in that period has no authority to bind the sponsoring broker to a contract.

For assistants, this means the usual approving licensee is replaced by the designated managing broker on three tasks: drafting advertising copy, completing contract forms and preparing promotional information. The 45 hours are explained in Illinois post-license education: the 45 hours explained.

How an assistant may be paid

Section 1450.740(a) contains a single sentence on money: "Compensation for unlicensed assistants cannot be transaction based." The rule does not say what form pay may take beyond that. A salary, an hourly wage and a flat fee are not mentioned, and the sources do not say which are acceptable. The rule only excludes pay that depends on a transaction closing.

That restriction ties to a related rule. Section 1450.780(a) says no licensee may pay a referral fee to an unlicensed person who is not a principal to the transaction. A person receiving a referral fee must be licensed as a residential leasing agent, broker or managing broker in Illinois, or hold an equivalent license from another state or country. An assistant who is paid by the sale, or who receives a fee for sending a client over, would be on the wrong side of both lines.

Who the assistant can work for

Section 1450.740(e) addresses licensees who help other licensees. A licensee is prohibited from acting as an assistant under that Section for any licensee other than the licensee's own sponsoring broker or a licensee sponsored by the same sponsoring broker. A licensed agent may therefore help a colleague at the same brokerage, but may not do assistant work for an agent at another brokerage. This links to Section 10-5(b) of the Act, which says a sponsored licensee may accept compensation for activities under the Act only from the sponsoring broker.

Two limits that sit beside the assistant rule

Two parts of the Act matter for anyone who is thinking of building a small team. Section 20-20(a)(24) of the Act makes it grounds for discipline to permit the use of a broker license to enable a residential leasing agent or unlicensed person to operate a real estate business without actual participation in it and control of it by the broker. An assistant supports a licensee's business. The business remains the licensee's to run.

Section 1450.900(n) lists, as unprofessional conduct, "assisting or inducing a licensee or unlicensed individual to violate the Act or this Part." The list in that Section "includes, but is not limited to" the items it names, so it works as a floor and not a ceiling.

What the sources do not say

Several things a reader might expect are not in the text. The rule does not cap how many assistants a licensee may use. It does not require an assistant to register with IDFPR, to hold any credential or to complete a course. A search of the full Part 1450 for the word assistant turns up Sections 1450.700, 1450.705, 1450.740 and the bookkeeping delegation text in 1450.750, and nothing more. If a task is not on either list in Section 1450.740, the rule gives no direct answer. The cautious reading is the one the rule itself points to, which is to ask whether the task is a licensed activity under Section 1-10 of the Act, and to ask the designated managing broker before the assistant does it.

The Bottom Line

The rule reduces to one test. An unlicensed assistant may move paper, information and schedules for a licensee. An unlicensed assistant may not talk to the public about a specific home or a specific contract, may not host an open house, and may not negotiate money. The licensee who supervises the assistant answers for every act and omission, and the pay cannot depend on a deal closing.

If you are thinking about a real estate career, the practical point is that the structure around you matters as much as the license. Whether an office has a written policy, a designated managing broker who trains and supervises, and a clear understanding of this rule decides how safely you could use help in your own business. Read how to choose your first real estate brokerage in Illinois before you decide, and ask the questions in this guide when you interview.

The questions below cover the points that come up on this rule.

Frequently Asked Questions

That matters before you ever hold a license, because the brokerage that sponsors you is part of the process. The Act says the Department may notify the designated managing broker and the sponsoring broker of an investigation, and the charging notice, hearing notice and final order must go to them. If you are still comparing offices, read how to choose your first brokerage next to this guide and ask each office how it handles compliance.

This guide follows a complaint from the first form to the final order. It covers who can file, what the Division can and cannot do, what the Act and the rules treat as a violation, the steps and deadlines in a hearing, and the outcomes the law names. It explains what the Act and the rules say. It is not legal advice, and a licensee facing a complaint should talk to an attorney.

How a Complaint Reaches the Division and What the Division Can Do With It

The form, the email address and the mailing address

IDFPR runs separate complaint forms for appraisal, auction, home inspection and other real estate professions, and the one for brokers and leasing agents is the Real Estate Brokerage Complaint form. The Division of Real Estate's complaint page lists a phone number for real estate complaints, 312/793-8724, and a mailing address at the Complaint Intake Unit, 555 West Monroe Street, 5th Floor, Chicago, IL 60661. The form itself says to email the completed complaint to FPR.REcomplaint@illinois.gov or to mail it to the Division of Real Estate, Attn: Complaints, at the same Chicago address.

The form opens with a plain statement of purpose. The Division will investigate complaints to determine whether there has been unlawful or unprofessional conduct by a real estate broker, a real estate company or a leasing agent. It also admits something a complainant should hear first. The investigation process "can be lengthy depending upon a variety of factors inside and outside of our control." The form gives no timetable, and neither does this guide.

What the form asks you to provide

The form asks for the complainant's name and contact details, and for a contact person if someone is acting on the complainant's behalf. It asks for the name of the broker or leasing agent, the license number if known, their address, email and phone, the date or dates of the events, and the address of every property involved. It asks whether you already contacted the licensee and when. It asks for witnesses and for any other agency that has received the same complaint. Then it gives a space to describe what happened.

A checklist on the form names the paper that supports a complaint: the listing agreement, the purchase contract and riders, disclosures, the MLS sheet, a signed escrow release form, a contract cancellation form, canceled checks, leases, written correspondence such as emails, texts and private messages, an addendum, and images such as photos, advertisements, web addresses and business cards. One warning is printed in capital letters. Do not include personally identifiable information such as a social security number, bank account numbers or a driver's license number.

Two housekeeping lines are worth knowing. The complainant keeps a copy, because the form says no copies will be provided. And the certification at the bottom has two parts. The complainant swears the information is true and correct to the best of their knowledge, and also authorizes IDFPR, after its initial review, to share the complainant's identity, contact information and complaint with any other governmental agency that may be able to help resolve it.

Anonymous complaints and confidentiality

A person can ask to remain anonymous, and the form attaches a condition. An anonymous complaint must be supported by evidence or it will be closed. Complaints that are not anonymous are acknowledged in writing, and the complainant is told when the Division has closed the matter.

The form also makes a promise and a qualification in the same paragraph. The Division makes every effort to keep the complainant's identity confidential during the investigation. The Prosecutions Unit may still require the complainant's testimony in an administrative proceeding, and a complainant who testifies can be required to appear as a witness and be subject to cross-examination.

What the Division says it cannot do

The form lists limits in a short block, and it is worth reading before you file. The Division cannot provide legal advice or act as the complainant's attorney. It cannot order the refund of fees, award damages, or enforce or cancel contracts. It cannot mediate commission disputes.

So a complaint is a request that the State look at a licensee's conduct against the Act. It is not a way to get a deposit returned or a listing contract ended. A person who lost money has a separate route, covered at the end of this guide, and a person with a contract dispute is dealing with a court rather than the Division.

What the Act lets the Department do once it has a complaint

Section 20-60 gives the Department power to investigate the actions of any applicant, of anyone rendering or offering services for which a license is required, and of anyone holding or claiming to hold a license. That last phrase reaches people who say they are licensed and are not. Section 20-10 separately gives the Department authority to investigate any and all unlicensed activity, and it sets a civil penalty for practicing without a license of up to 25,000 dollars for each offense, assessed after a hearing.

The same section says the Department "may notify the designated managing broker and sponsoring broker of the pending investigation." The word is may. The notice at the charging stage is not optional, and that comes up below.

What Can Get a Licensee Disciplined

The Act's list, grouped by subject

Section 20-20(a) is the center of Illinois real estate discipline. It says the Department may refuse to issue or renew a license, place a license on probation, suspend it, revoke it, reprimand the licensee, or take any other disciplinary or non-disciplinary action it deems proper, and impose a fine not to exceed 25,000 dollars for each violation. It applies to licensees, to applicants, to anyone who holds themselves out as one, and to a licensee handling their own property. The 47 numbered grounds are easiest to read by subject.

Money comes first because several grounds deal with it. A licensee can be disciplined for failing to account for or remit moneys or documents that belong to others, for failing to keep escrow moneys in a special account separate from personal and other business accounts and leave them there until the transaction closes or ends, and for commingling the money or property of others with their own. Failing to make escrow records available to the Department within 24 hours of a request is its own ground. The rules for that account are in the guide to escrow and trust account rules for Illinois brokers, and the record keeping rules are in the guide to what Illinois brokers have to keep.

Advertising and promises take up several grounds. The Act names advertising that is inaccurate, misleading or contrary to the Act, substantial misrepresentation or untruthful advertising, false promises of a character likely to influence, persuade or induce, and using the trade name or insignia of an organization the licensee does not belong to. It also names displaying a for sale or for rent sign, or advertising a property by any means, without the written consent of an owner or authorized agent, and advertising by blind advertisement except where Section 10-30 allows it. The detail on those rules sits in the guide to Illinois real estate advertising rules for brokers.

A third group is about who the licensee works for. A licensee can be disciplined for acting for more than one party in a transaction without written notice to all parties, for representing or performing licensed activities for a broker other than the sponsoring broker, and for failing as a sponsoring broker or licensee to give the Department timely sponsorship or termination information. Practicing without a license, or after the license or temporary permit expired or while it was inactive, revoked or suspended, is a ground too.

Fair housing has its own entries. The Act names influencing a prospective seller, purchaser, occupant, landlord or tenant so as to promote racially and religiously segregated housing or to obstruct integrated housing. It also names any act that violates Article 3 of the Illinois Human Rights Act, whether or not a complaint has been filed with or decided by the Human Rights Commission. Section 20-50 adds a hard line. When a civil or criminal proceeding has found that a licensee illegally discriminated, the Department, after notice, a hearing and a Board recommendation, shall suspend or revoke the license unless the finding is on appeal, and the licensee cannot re-argue the merits of that finding at the hearing.

Some grounds concern the person rather than a transaction. Fraud or misrepresentation in applying for a license or a renewal is a ground. So is conviction of or a plea of guilty or nolo contendere to a felony or misdemeanor, an administrative sanction by a government agency, or a crime that requires compliance with the Sex Offender Registration Act. Failure to tell the Department within 30 days about the information Section 5-25(e) requires is a separate ground, which is why the criminal record guide covers what a license applicant has to disclose. Discipline by another state or governmental agency counts if at least one of the grounds is the same as or equivalent to a ground under the Illinois Act, and a certified copy of that record is prima facie evidence. Inability to practice with reasonable judgment, skill or safety because of physical illness, mental illness or disability is listed, and so is habitual or excessive use of alcohol, narcotics, stimulants or another chemical agent that results in an inability to practice with reasonable skill or safety.

The last group is about dealing with the Department itself. Failing to provide information the Department requested, or to respond, within 30 days is a ground. So is violating the terms of any order the Department has issued, and so is disregarding or violating any provision of the Act or the published rules, or aiding or abetting someone else to do so. Cheating on the licensing exam or a continuing education exam, and helping an applicant cheat, are listed as well.

Conduct the rules spell out

Section 20-20(a)(21) makes dishonorable, unethical or unprofessional conduct of a character likely to deceive, defraud or harm the public a ground, and it includes conduct set out in the Department's rules. Rule 1450.900 does that work. It says unprofessional conduct "includes, but is not limited to" a list of seventeen items, lettered (a) through (q).

Several of them describe a licensee's duty to a client. Failure to act in the best interests of a client. Deliberately misleading a client as to the market value of property. Failing to advertise the property under the terms of the listing agreement. Deliberately misrepresenting the condition of property to prospective purchasers or their agents, or misrepresenting the availability of access to show it. Inducing a seller to list the property through false representations. Inducing a seller, through false representations or false promises, to transfer property to the licensee. Buying or transferring property through an intermediary in order to conceal the licensee's own purchase.

Others describe conduct toward people. The rule names taking unfair advantage of a client's or customer's age, disability or lack of understanding of the English language, and engaging in licensed activities with the public or other licensees in a manner that is abusive, harassing or lewd. Failing to reasonably safeguard confidential information, or improperly using it, is on the list.

A few address the structure of a brokerage. The rule names representing oneself as a sponsoring broker or designated managing broker without providing actual supervision and management, and using a managing broker license to let a broker, a residential leasing agent or another individual operate or manage a licensed entity without the designated managing broker's actual participation and control. Section 20-20(a)(46) adds that a designated managing broker's failure to provide an appropriate written company policy, or to perform the duties in Section 10-55, is a ground. The difference between a broker and a managing broker is explained in Broker vs Managing Broker in Illinois.

The rule reaches the process itself. Obstructing an inspection, audit, investigation, examination or disciplinary proceeding is unprofessional conduct, and so is assisting or inducing a licensee or an unlicensed person to violate the Act, violating the special account rule in Section 1450.750, and accessing a property or granting permission to access it without proper authorization.

One item deserves a second look. Item (o) names any conduct constituting a breach of duty to the client that causes harm to the client in the future, and it adds that in establishing harm the Department need not prove actual economic damage to the client. A complaint under that item does not depend on a dollar loss.

One act is enough

Section 20-15 is two sentences long and does a lot. The commission of a single act prohibited by the Act or the rules, or a violation of a disciplinary order issued under the Act, constitutes a violation of the Act. Nothing in it asks for a pattern. A fine of up to 25,000 dollars is available for each violation, so the number of violations in a file matters to the ceiling.

From Charges to a Final Order

The notice and the answer

Under Section 20-60 the Department has to give written notice before it revokes, suspends, places a license on probation, reprimands or takes any other disciplinary action. The notice goes out at least 30 days before the hearing date. It goes to the person charged and to the designated managing broker and the sponsoring broker. It states the charges, the time and place of the hearing, and whether the license has already been temporarily suspended. It also directs the person to file a written answer to the charges, under oath, within 20 days after service, and it warns that failure to answer will result in a default or that the license may be suspended, revoked or placed on probation, or that other action may be taken, including limiting the scope, nature or extent of the ability to practice.

The Department's hearing rules cover the same ground from the procedural side. Under Rule 1110.20 a contested case starts when the Division files a Complaint and a Notice of Preliminary Hearing with the Clerk and mails or emails them to the respondent's address of record. The complaint is in writing, is signed by a Chief of Prosecution, states the acts or omissions alleged and cites the sections of the statute and the rules involved. For a real estate licensee the notice is also addressed to and served on the person's managing broker and sponsoring broker.

Rule 1110.120 sets the answer in the hearing rules as a written, signed response to each allegation, filed within 20 days after the date the Complaint was filed, in which the respondent admits, denies or states that there is insufficient information, and an insufficient-information response must come with an affidavit. The Act counts its 20 days from service of the notice and the rule counts from the filing of the Complaint, so the safest reading is that a respondent should treat the earlier date as the one that matters and should ask an attorney.

The cost of not answering is spelled out in both places. Under the rule, on the Division's motion the administrative law judge issues a notice to plead or be held in default, and if the respondent files nothing conforming within 15 days after that notice, the respondent is held in default and the allegations of the Complaint are deemed to have been admitted. A respondent who fails to appear at a scheduled hearing without cause can also be held in default. Under the Act, if the person does not answer, the Department may suspend, revoke or place the license on probation, or take other action including a fine, without a hearing, if the acts charged are sufficient grounds.

The hearing and the burden of proof

At the hearing the Board proceeds to hear the charges, and the parties or their counsel receive ample opportunity to present pertinent statements, testimony, evidence and arguments. The respondent can appear alone. Rule 1110.90 says any individual may appear on their own behalf and that a party may be represented by an attorney licensed in Illinois. A corporation or limited liability company must appear through legal counsel.

The burden sits with the Division. Rule 1110.190 says a recommendation for discipline may be made by the administrative law judge only when the Division establishes by clear and convincing evidence that the allegations of the Complaint are true. The rule does not use a looser standard, and it does not require the licensee to prove innocence. The Department's hearing rules apply to all of its administrative hearings, as Rule 1450.940 confirms for real estate.

Settlement by written agreement

Not every case ends with a contested hearing. Rule 1110.80 lets the Division and the respondent stipulate to facts, and lets them sign a written agreement that provides for disciplinary or non-disciplinary action as the settlement of the complaint. A Board member may sign it too. If the Director approves the agreement, it is entered like any other order and is a final decision. If the Director rejects it, the respondent is entitled to a hearing on the merits.

The rule also protects the attempt. A proposed agreement that is not accepted by all parties or is rejected by the Director is confidential as an unsuccessful attempt to settle, and it cannot be referenced in a later pleading or proceeding. Statements made in informal conferences are confidential as well, including proposed dispositions.

The report, the rehearing window and court

After a contested hearing the administrative law judge files a written report with findings of fact and conclusions of law, and where discipline is recommended the report states the type and duration. When the report goes to a Board, the Board reviews it and issues its own report adopting, rejecting or modifying it. Once the report reaches the Director, the parties receive what the rule calls a Twenty Day Notice, and either side may ask for a rehearing within 20 days by written motion stating the grounds. The Act sets the same 20-day window in Section 20-64, and it adds that ordering and paying for a transcript within that window starts the 20 days when the transcript is delivered.

The Director enters the final order after the rehearing question is decided, and the order is served on the licensee's managing broker and sponsoring broker as well. The Secretary can order a rehearing under Section 20-72 if the Secretary believes substantial justice has not been done. The rules say the Director does not consider motions to reconsider, and that the route after a final order is a complaint under the Administrative Review Law. Section 20-75 makes final administrative decisions subject to judicial review in the circuit court of the county where the party resides, or Sangamon or Cook County for a party who lives outside Illinois.

Temporary suspension

Section 20-65 is the exception to the 30-day notice. The Secretary may suspend a license temporarily, without a hearing, at the same moment proceedings under Section 20-60 begin, if the evidence indicates that the public interest, safety or welfare imperatively requires emergency action. A hearing must commence within 30 days after the suspension. The licensee may seek a continuance, and during a continuance the suspension stays in effect. The hearing rules add that if the final order finds no violation, dismisses the Complaint or the Department withdraws it, the order imposing the temporary suspension is vacated.

The Outcomes the Law Names

Discipline and non-disciplinary action

The Act's own list is probation, suspension, revocation, reprimand, refusal to issue or renew, a fine of up to 25,000 dollars for each violation, and any other disciplinary or non-disciplinary action the Department deems proper. Section 20-20(a) lets the Department combine them. The sections do not say which outcome follows which ground, and this guide does not guess.

Rule 1450.910 fills in the non-disciplinary side. Non-disciplinary action "may include, but is not limited to" the following items. A citation for failure to complete, or untimely completion of, required continuing education. Restricting a licensee's access to escrow funds. Requiring the licensee to complete licensed real estate courses. Requiring the licensee to provide any report, record or document about licensed activities that the Department considers relevant. And an administrative fee.

Citations for education that was not finished

Education is the one area where the law sets out a ladder in numbers. Section 20-20.1 and Rule 1450.960 let the Division audit continuing education and post-license education and issue a citation to a licensee who falls short. The licensee has 60 days after service to submit proof and pay, and proof within that window makes the citation null and void. The citation sets the fine and tells the licensee they may request a hearing within 30 days after it is served.

The fine for a first citation is 500 dollars. For a second citation it is 1,000 dollars. A third citation and each one after it is publicly disclosed discipline with a fine not to exceed 2,000 dollars. A first or second citation is non-public. Paying the fine does not excuse the hours, because the licensee still has to complete the missing education. A licensee who neither proves compliance nor pays can face further discipline for violating the order, and cannot do licensed work until the education is complete and the fine and any reinstatement fees are paid.

What becomes public

Section 20-5 requires the Department to maintain an index of formal decisions on issuing, refusing, renewing, revoking and suspending licenses and on probationary or other disciplinary action, and to make the index available to the public during regular business hours. IDFPR's Enforcement Actions page points to its consolidated disciplinary reports, which give the date of discipline and a brief synopsis. The License Look-Up page says documents about a specific individual's or entity's discipline are requested through a Freedom of Information Act request. The same page offers a real estate license look-up.

Money for a person who lost cash

A complaint does not pay anyone back, so the Act sets a separate route. Section 20-85 creates the Real Estate Recovery Fund for a person aggrieved by a licensee's violation of the Act, embezzlement, or an act by which money or property was unlawfully obtained by false pretenses, trickery, forgery, fraud, misrepresentation, discrimination or deceit, where the person lost actual cash money rather than market value. The person has to win a valid judgment in circuit court first, then apply for a post-judgment order. The Act sets a 2-year window to start the suit from the date the person knew or should have known of the acts, and it requires naming every responsible licensee as a defendant. The person has to give the Department written notice within 30 days after the judgment.

The consequence for the licensee is built into the same section. If the Department pays from the Fund, the licensee's license is automatically revoked when the post-judgment order is issued. Section 20-110 adds that none of this limits the Department's authority to discipline the licensee under the Act.

Bottom Line

A complaint to the Illinois Division of Real Estate can end in anything from no action to a revoked license, and the steps in between are written down. The Act sets the grounds and the fine ceiling. The hearing rules set the answer deadline, the burden of proof and the rehearing window. The Division carries the burden, the respondent can appear alone or with an attorney, and the sponsoring broker and designated managing broker receive the notice and the final order.

For a new licensee the practical points are few. Look at the form's own checklist, because it shows the kind of paper a complaint is built from: contracts, disclosures, escrow release forms and written messages. Answer Department requests within 30 days, because failing to respond is its own ground. Treat any citation for education as a deadline with a dollar amount attached. And remember that Section 20-15 treats a single prohibited act as a violation.

If you are weighing where to start, how to choose your first brokerage is the next guide to read, since the office you join is the one that gets copied on every notice. Gambino Realtors has been in business in Rockford since 1923.

That is the path from the first form to the last notice. These answers cover the questions a reader is likely to have next.

Frequently Asked Questions

Gambino Realtors has been in business since 1923, and the fund is part of the legal frame every Illinois license sits inside. Anyone weighing a license career should know it exists, because a payout from it ends a license. Our guide on how to choose your first brokerage covers the business side of that decision. This guide covers the consumer protection side, section by section, using the statute and the Department's rule as they stand today.

What The Fund Pays For And What It Does Not

Section 20-85 of the Act starts with a duty. The Illinois Department of Financial and Professional Regulation, which this guide calls IDFPR or the Department, "shall maintain" a Real Estate Recovery Fund. A person aggrieved by the conduct of a licensee, or of an unlicensed employee of a licensee, may recover from it.

The statute lists the kinds of conduct that qualify. The act, representation, transaction or conduct has to be one of these:

• A violation of the Act or of the rules adopted under it.
• Embezzlement of money or property.
• Money or property unlawfully obtained from a person by false pretenses, artifice, trickery or forgery.
• Money or property obtained by fraud, misrepresentation, discrimination or deceit by a licensee or the licensee's unlicensed employee.

The conduct also has to produce a particular kind of damage. The statute says the result must be "a loss of actual cash money, as opposed to losses in market value." That sentence does a great deal of work. A buyer who believes a house was worth less than the price paid has a market-value complaint, and the fund is not built for it. A buyer whose earnest money went into the wrong pocket has lost actual cash. The first is a disagreement about value. The second is money that left and did not come back.

Two more conditions narrow the field. First, the loss has to come from an act or omission of a licensee who was acting in that capacity or was apparently acting in that capacity, or from that licensee's unlicensed employee. Second, the person has to hold a valid judgment and a post-judgment order of the court. Section 20-85 says nothing authorizes recovery from the fund unless both are in place. There is no side door.

The rule defines who counts as an aggrieved person. The Department's definition covers a person who suffered harm or injury from the act or omission of a licensee or an unlicensed employee in connection with licensed activities. It also expressly includes licensees who are a principal to the transaction but are not providing licensed activities in it. In plain terms, holding a license does not by itself shut a person out of the definition.

One limit deserves a plain reading. Section 20-85 speaks of a licensee or the unlicensed employee of a licensee. Section 20-10 of the Act separately sets a civil penalty of up to 25,000 dollars per offense for a person who practices without a license, which is a penalty the Department assesses and not a payment to a victim. The fund section does not name a person acting with no license at all. If a loss involves someone who was never licensed, the facts need a lawyer's reading against the statute before anyone assumes the fund applies.

Now the numbers. The Act itself leaves the dollar limits to rule, using the words "as adopted by rule." The rule, 68 Ill. Adm. Code 1450.945(f), as amended effective July 7, 2025, sets two figures. An aggrieved person may recover not more than 50,000 dollars from the fund for the damages, together with costs of suit and attorney's fees connected to the conduct. Separately, the maximum liability arising out of the activities of any one licensee or one unlicensed employee, in any one transaction or set of facts that formed the basis of a post-judgment order, is 300,000 dollars, and that figure includes costs of suit and attorney's fees. If several co-owners or other aggrieved persons share a claim, the award is spread equitably among them.

Read those two figures side by side. The first is a per-claimant ceiling on damages. The second is a ceiling on what the fund will owe on account of one licensee's one set of facts, however many people were hurt. The fund pays within those limits. The post-judgment order also carries no interest.

Here is a short illustration of how the pieces fit, built only from those rules. Suppose a court enters a judgment against a licensee for earnest money that was never returned. The fund comes into play for the unpaid amount of that judgment, not interest, and only up to the limits above. Section 20-90 asks the claimant to show the amount owing on the judgment, which is why the fund sits behind the judgment and not in front of it.

The Court Steps A Claimant Has To Take

Section 20-90 of the Act turns the right in 20-85 into a procedure, and the procedure is strict. Section 20-105 explains why: failure to comply with the Act's fund provisions "shall constitute a waiver of any rights under Sections 20-85 and 20-90." Miss a step and the right can be lost. The steps run in this order.

The first is the clock. No action for a judgment that later leads to a post-judgment order against the fund may be started more than two years after the date the aggrieved person knew, or through reasonable diligence should have known, of the acts or omissions behind the claim. The statute ties the two years to knowledge, not to the date of the closing or the date of the payment.

The second is who gets sued. The person has to name as defendants every licensee, employee or independent contractor who allegedly committed the acts or is responsible for them. The list also includes any corporation, limited liability company, partnership, registered limited liability partnership or other business association licensed under the Act that may be responsible. The statute states the penalty for leaving someone out: it precludes recovery from the fund of any portion of the judgment. The rule adds that no notice of claim will be recognized unless the complaint and the post-judgment order name at least one natural person or entity as a defendant and judgment debtor.

The third covers a defendant who cannot be found. If the person is unable to get legal and proper service on a licensed defendant under Illinois service rules, the court can be petitioned for an order allowing service on the Secretary of the Department. Service on the Secretary counts as valid service. The Secretary then forwards a copy by certified mail to the licensee's last address on record with the Department. A judgment obtained that way applies to and can be enforced against the fund only, and the Department may intervene in and defend the action. Section 20-95 backs that up by letting the Department enter an appearance, file an answer, appear at the hearing and seek review.

The fourth is notice to the Department. The statute requires written notice within 30 days of the entry of any judgment that may result in collection from the fund. It also requires 20 days of prior written notice of all supplementary proceedings, so the Department can step in and take part in collection efforts the way any party can. The rule repeats both time periods and adds how to send them. Notice goes by certified mail with return receipt requested, by a recognized overnight courier, or by hand to the Department's office in Chicago, Attention: General Counsel.

The rule also lists what the notice must contain:

• The complaint and any amended complaints with the clerk's "Filed" stamp.
• The judgment order and any post-judgment orders.
• Notice of all supplementary proceedings, given at least 20 days ahead.
• Documents the claimant has, such as the sales contract, lease, closing statement, disbursement directions or other evidence of title or of the claimant's interest in the property.
• Proof of any earnest money or security deposit payment, or any dishonored check issued by the licensee.
• An itemized statement of cash losses, or a sworn statement that the losses are estimated and calculated as accurately as circumstances permit when no itemization is possible.

The fifth step is the verified claim. The person has to wait until all proceedings in connection with the judgment end, including review and appeals. Then the person files a verified claim in the court that entered the judgment, gives 30 days' written notice to the Department and to the person against whom the judgment was entered, and applies for a post-judgment order directing payment of the unpaid amount. Interest on the judgment is not included.

The sixth is the hearing. The court holds an evidentiary hearing, and the claimant has to prove that the claim meets every requirement of Sections 20-85 and 20-90. The statute spells out what has to be shown. The claimant is not a spouse of the debtor or the personal representative of that spouse. The claimant complied with the section. The claimant holds a judgment that states the amount and the amount still owing, not counting interest. The claimant has shown evidence of the attorney's fees sought and that they are reasonable, and an affidavit from the claimant's attorney is enough for that. The judgment itself must rest on a finding that a licensee or the licensee's unlicensed employee injured the person through fraud, misrepresentation, discrimination, deceit or an intentional violation of the Act.

If the court finds all of that proven, it issues a post-judgment order directed to the Department for the unpaid balance, subject to the limits in Section 20-85. That order is the document that moves money.

The Department's own complaint process is a different thing. IDFPR's File a Complaint page lists filing options for Real Estate, an online form and a PDF form, along with an address and a phone number, and its offices are at 555 West Monroe Street in Chicago and 320 West Washington Street in Springfield, with a toll-free line at 1 (888) 473-4858. Section 20-60 gives the Department the power to investigate and requires at least 30 days' written notice of a disciplinary hearing. The statute requires a court judgment, and the Department's investigation does not stand in for one. Anyone with a possible claim should treat the two as separate tracks and talk to an attorney about the timing of both.

Where The Money Comes From And What Happens To The Licensee

The Act answers the funding question in Article 25. Section 25-35 creates the Real Estate Recovery Fund as a special fund in the State Treasury and says the Department uses the money exclusively for carrying out the purposes of the Act. It then sets a balance rule. If the fund drops below 900,000 dollars, the State Treasurer transfers money from the Real Estate License Administration Fund to bring the balance up to 1,000,000 dollars. If the balance goes above 1,000,000 dollars, the excess is transferred to the License Administration Fund. Investment earnings from the Recovery Fund are deposited into the License Administration Fund too.

So the next question is where the License Administration Fund gets its money. Section 25-30 answers it. All fines, penalties and fees the Department receives under the Act are deposited there, and the money is appropriated for the expenses of the Department and the Board in administering the Act, including, in the statute's words, "the maintenance and operation of the Real Estate Recovery Fund." Section 20-82 says the fines and penalties collected under Section 20-20 and otherwise under the Act go to the License Administration Fund and may be moved to the Recovery Fund under 25-35.

That is the full chain as the Act writes it. Fees and fines under the Act go into one fund, and that fund tops up the Recovery Fund when the balance falls under 900,000 dollars. The Act does not describe a charge to a buyer or seller, and it does not describe a separate per-claim assessment. The statute and rule do not say how many claims have been paid, what the balance is today, or how long a payout takes, so this guide does not either.

What a payout does to the licensee is spelled out in Section 20-90(i), and it is severe. When the Department pays from the fund any amount in settlement of a claim or toward satisfaction of a judgment against a licensee, the licensee's license "shall be automatically revoked upon the issuance of a post-judgment order authorizing payment." No petition to restore the license is heard until the licensee has repaid the fund in full, plus interest at the rate in Section 12-109 of the Code of Civil Procedure. A discharge in bankruptcy does not relieve the licensee of those penalties and disabilities.

Section 20-100 adds a collection right. When the Department pays a sum to the judgment creditor on the court's order, the Department takes over the creditor's rights, and the creditor assigns the judgment to it. Whatever the Department recovers on that judgment, with interest, goes back into the fund. Section 20-110 closes a loophole before anyone thinks to open it. Repaying the fund in full does not nullify or modify any other disciplinary proceeding under the Act.

Two things in the Act connect the fund to everyday practice. Section 20-20 lists grounds for discipline, and two of them describe exactly the conduct a person would sue over: failure to account for or remit moneys or documents coming into a licensee's possession that belong to others, and failure to keep escrow moneys in a special account apart from personal and business accounts. Our guide to escrow and trust account rules for Illinois brokers covers that second rule. Insurance is a different layer, and the guide on errors and omissions insurance for Illinois brokers explains it. It is a backstop for the person who was harmed.

The last point is timing. The sections of the Act that carry the fund provisions are marked in the statute as "scheduled to be repealed on January 1, 2030." The statute pages show P.A. 103-1039, effective August 9, 2024, as the source of the current funding sections, and the rule was amended effective July 7, 2025, so read the live text on ilga.gov before relying on any figure here.

Bottom Line

The Real Estate Recovery Fund is a narrow, court-controlled remedy. It pays for actual cash losses caused by a licensee's fraud, embezzlement, deceit or violation of the Act, up to 50,000 dollars in damages per claimant plus costs and attorney's fees, and up to 300,000 dollars for one licensee's one set of facts. It pays only after a judgment, a post-judgment order, timely notices to the Department and a hearing. It does not pay for a drop in market value, and it does not pay interest.

For a buyer or seller, the practical meaning is that the clock and the list of defendants matter from the first day, which is a reason to talk to an attorney early. For a person thinking about a license, it is a reminder that a payout automatically revokes a license and that repayment comes before any restoration. Our guide on how to choose your first brokerage is the place to start on that choice, and the Illinois Real Estate Guide lists every Gambino Realtors article on licensing and local rules. Nothing here is legal advice. The statute, the rule and an Illinois attorney decide what applies to a specific loss.

The statute is dense, so here are short answers to the questions that come up first when someone looks at this fund.

Frequently Asked Questions

This guide follows the order you would live it in. First the requirements, then the exam, then the application and sponsorship, then what the license costs to keep. If you are earlier in the process and still picking where to start, read how to choose your first brokerage first.

What Section 5-28 Requires

Section 5-28 lists seven requirements for a managing broker applicant. They are short, so here they are in plain order.

• Be at least 20 years of age.
• Be of good moral character.
• Have been licensed as a broker for at least 2 consecutive years out of the preceding 3 years.
• Have completed a 4-year course of study in a state-approved high school, or hold a State of Illinois High School Diploma. You verify this under oath.
• Show evidence of at least 165 hours of education.
• Personally take and pass a written examination on Illinois-specific real estate brokerage laws.
• Submit a valid application with the fees set by rule.

Two of those need a closer look. The first is the experience test. The Act counts years licensed as a broker. The administrative rule repeats this in the application itself. Under Section 1450.520, the applicant must certify that he or she has been actively licensed and in good standing as a broker for 2 consecutive years out of the last 3.

The second is "good moral character." The Act lists it as a requirement. The section does not define the phrase. If you have a question about how the Division of Real Estate applies it to your history, the Division is the office to ask.

The 165 hours are really two blocks

The 165 hours are not 165 new hours. Section 5-28(a)(5) splits them. Of the total, 120 are the hours required before and after licensure to obtain a broker license. The other 45 are additional hours, and they must be completed within the year immediately preceding the filing of your managing broker application.

Those 45 hours have a stated subject. The Act says they must focus on brokerage administration and management and on residential leasing agent management. At least 15 of the 45 must be taken in a classroom, by live interactive webinar, or by online distance education.

The exam booklet that PSI publishes for the Division describes the same 45 hours in two parts. Managing Broker Pre-License Topics takes 30 hours. Managing Broker Pre-License Applied Management and Supervision-Interactive takes 15 hours. The booklet also says a current Illinois broker is presumed to have completed the 120 broker hours. So a current Illinois broker is looking at the 45-hour block.

PSI's Category A-1 is the 165-hour route, and it lists seven courses.

• Broker Pre-License Topics, 60 hours
• Applied Real Estate Principles-Interactive, 15 hours
• Post License Transactional Issues, 15 hours
• Post License Risk Management/Discipline, 15 hours
• Post License Applied Broker Principles, 15 hours
• Managing Broker Pre-License Topics, 30 hours
• Managing Broker Pre-License Applied Management and Supervision-Interactive, 15 hours

Those add up to 165. Category A-1 still requires an active real estate license for 2 of the past 3 years. Category A-2 is the 45-hour route, and it requires an active valid Illinois broker license.

Two time limits to keep straight

Two clocks run on the education. Section 5-35(a) says approved pre-license education is valid for 2 years after the date you finish all of it. Section 5-28(a)(5) says the 45 additional hours must fall within the year before you file the application. The sources read for this article do not explain how those two limits fit together. Before you pay for coursework, ask the Division of Real Estate how it counts the dates on your transcript.

Lawyers get one exception

Section 5-28(b) says the education requirement in item (5) does not apply to an applicant who is currently admitted to practice law by the Supreme Court of Illinois and is in active standing. The other requirements still apply. PSI's category for attorneys adds the broker license requirement of 2 of the past 3 years and 20 years of age.

The Managing Broker Exam

The managing broker exam is a state-law exam. The PSI summary table lists a State portion only for the managing broker, with 50 items, a 75 percent passing score and 90 minutes. The managing broker exam does not.

The Division uses PSI Services to run the testing. The exam fee listed in the booklet is 58 dollars. It is not refundable or transferable, and it is forfeited if you do not test within one year of the date PSI receives it. Section 5-35(a) adds that a failure to appear on the scheduled date and time forfeits the fee once your application for examination has been received and acknowledged.

What the exam application needs

Under Section 1450.510, the application for examination includes four things. They are a certification that you are at least 20, proof of high school or equivalency, the fee, and proof of one of two things. Either you are currently admitted to practice law by the Illinois Supreme Court, or you completed 165 credit hours of Division-approved instruction.

PSI describes the practical steps. You go to test-takers.psiexams.com/ilrep, choose Sign In or Create Account, create the account and upload the course certificate. PSI approves it and sends an email confirmation. A candidate in the managing broker category has up to four attempts during a 2-year eligibility period.

What the exam covers

PSI's content outline gives a percentage for each topic area on the managing broker exam. The numbers matter because they show where the weight sits.

• Licensing requirements: 5 percent
• The Illinois Real Estate License Act: 30 percent
• Additional Illinois laws and regulations affecting real estate practice: 15 percent
• Disclosures: 10 percent
• Managing broker and instructor only topics: 40 percent

That last block is the largest, and it is the reason this exam is not a rerun of the broker exam. It covers sponsoring broker and designated managing broker responsibilities, including training and supervision, with specific duties related to newly licensed brokers. It covers special accounts, record examination, entity licensure, the Real Estate Recovery Fund, rental finding services, rental property management and virtual and branch offices. It also covers real estate calculations, financing and lending.

Some topics inside the shared sections are marked managing broker only. They include ownership by business entities, deed restrictions and CC&Rs, title insurance policies and searches, settlement procedures, foreclosed property, short sales, probate transactions and the effect of the Statute of Frauds. The outline also marks unauthorized appraisal practice as a managing broker topic.

If you do not pass

A failed portion means you repeat only that portion. The score report gives diagnostic scoring information and reapplication instructions. After four consecutive failures the rule changes. Section 5-35(c) says you must repeat the pre-license education, and the fifth attempt counts as a first attempt with a new application for examination.

PSI spells out which education. A managing broker candidate with an active Illinois broker license retakes the 45-hour managing broker pre-license education. A candidate without an active broker license retakes the 165-hour education. Candidates who are education exempt do not have to. For the broker-level version of these same rules, see our guide to what happens if you fail the Illinois real estate exam.

Applying for the License and Getting Sponsored

Passing the exam does not make you a managing broker. It earns you the right to apply. Section 5-35(b) and Section 1450.520(b) agree on the deadline. You have one year from the date you receive a passing score to submit an application and meet every requirement. After that, credit for the exam terminates and you may make a new application for examination.

To illustrate with invented dates, suppose you pass the exam on a Tuesday in March. The one-year clock starts that Tuesday. If you reach the following March without a complete application on file, you take the exam again.

What goes in the application

Section 1450.520(a) lists what each applicant submits to the Division.

• A signed and completed application in the format the Division provides
• The required fee
• Proof that you passed the Illinois-specific brokerage law exam
• Proof of sponsorship or self-sponsorship, if you want an active license
• A transcript, if applicable
• A completed consent to examine and audit special accounts form, if you will be self-sponsored
• A certification that you were actively licensed and in good standing as a broker for 2 consecutive years out of the last 3
• Any other documentation the Division prescribes

The fee for an initial managing broker license is 175 dollars under Section 1450.130. That is separate from the exam fee and from your course tuition. Course tuition is not part of the Division's fee rule.

Sponsorship has its own 24-hour clock

An active license needs a registered sponsor. Section 1450.110(b) sets the timing. The sponsoring broker notifies the Division within 24 hours after establishing the sponsorship. The applicant then submits the transcript, if applicable, the pass score report, the signed application and the fee within 24 hours after establishing sponsorship.

A sponsoring broker may sponsor an applicant only after receiving one of four things. One is a pass score report. The others are a termination of sponsorship from a previous sponsoring broker, a current inactive license, or a license that expired less than 2 years ago.

The Act's definition of a managing broker includes one more feature. A managing broker may act as one's own sponsor. That is self-sponsorship, and the application list above asks self-sponsored applicants for a special accounts audit consent form. If you are moving from one sponsoring brokerage to another, see our guide to changing sponsoring brokers in Illinois.

What self-sponsorship carries with it

A self-sponsored managing broker may sponsor other licensees if he or she meets all of the requirements for a sponsoring broker. A sole proprietor must be licensed as a managing broker. Section 1450.520(c) adds that a self-sponsored managing broker must meet the office requirements in Section 1450.610.

That section says a licensee's place of business is the physical office or the virtual office of the sponsoring broker. A motor vehicle used primarily for transportation, a post office box and a mail drop are not an office. A residence is not an office either, unless it is held out to the public as a location where licensed activity happens and meets all the other elements of an office. A virtual office for a self-sponsored managing broker carries its own license. The fee schedule lists 200 dollars initially and 100 dollars at renewal, on top of the managing broker fees.

Entities work differently. A managing broker may practice as a sole proprietor. A corporation, LLC or partnership has to confirm which person is its designated managing broker before it does any licensed work. The Act defines a designated managing broker as a managing broker with supervisory responsibilities for licensees in one office, or more than one in a multi-office company, appointed by the sponsoring broker. For the difference between the two licenses, see broker versus managing broker in Illinois.

If you are licensed in another state

Managing brokers licensed in another state have a separate path. PSI describes it as licensure by endorsement. The candidate must be licensed as a managing broker or its equivalent in another state or jurisdiction, hold an active license in good standing, and have been actively practicing as a managing broker or its equivalent during the preceding two years. The candidate also completes a 30-hour Managing Broker Pre-License Endorsement Course.

Keeping the License

A managing broker license has a fixed cycle. Under Section 1450.140, managing broker licenses expire on April 30 of each odd-numbered year. Broker licenses expire on April 30 of each even-numbered year.

The renewal fee is 250 dollars. A license that expired no more than two years ago carries a 75 dollar late fee. A license that has been expired for more than two years cannot be renewed. The rule says a person who receives an initial license during the first renewal period does not pay the initial renewal fee and is issued a license that expires on the second renewal deadline.

Continuing education for managing brokers

Section 5-70(b) requires 12 hours of continuing education per license term. Those who are renewing or obtaining a managing broker license must also complete a separate 12-hour broker management continuing education course. That course must be completed in the classroom, in a live interactive webinar, or in an online distance education format.

Section 5-70(e) sets the structure of the 12 general hours. The core curriculum is 6 hours and includes at least 2 hours of fair housing training. The rest is elective. Section 1450.540 adds two relief provisions. A managing broker renewing for the first time may use the 45-hour managing broker pre-license brokerage administration and management course to satisfy the 12-hour broker management requirement. And if the term of a new license ends within 90 days of issue, no continuing education is due for that term, though all of it must be done before the next deadline. The Division audits compliance.

Our guide to the 12 hours of Illinois broker continuing education covers the general block in more detail.

Stepping back to a broker license

Illinois lets a managing broker step back. Under Section 5-27(e), a managing broker may permanently and irrevocably place the license on inactive status and receive a broker license in exchange. Section 1450.550 lets an active managing broker exchange the license when it is eligible for renewal. The managing broker license is canceled, any prior discipline is reflected on the new broker license record, and you become subject to broker continuing education.

The way back is a new application. Anyone who wants the managing broker license again after the exchange has to meet the requirements of a new applicant. Treat the exchange as a one-way door.

Bottom Line

The Illinois path is short to list and long to finish. You need to be 20, hold a broker license for two consecutive years out of three, finish the 45-hour managing broker block inside the year before you apply, pass a 50-item state exam at 75 percent, and file within one year of the pass. A sponsor or self-sponsorship has to be registered before the license is active. Each of those has a date attached. A missed date can forfeit the exam fee or end the exam credit.

Plan the order. Confirm the experience test first, because it is a requirement separate from the courses. Ask the Division how it counts the education dates before you pay for the 45 hours. Then book the exam so the application can follow within the year. Gambino Realtors has been in business in Rockford since 1923. If you are still at the first-license stage, how to choose your first brokerage is the place to begin.

Those are the steps. Here are the questions that come up once you start planning them.

Frequently Asked Questions

That matters if you are looking at homes for sale in Poplar Grove. Gambino Realtors is a Rockford brokerage that has been in business since 1923, and this guide sticks to what the village code, the county code, FEMA and the state disclosure form actually say, all read on October 13, 2026. It covers what the code maps, how flood insurance works, and what the village requires if you build, repair or add on inside a floodplain. The City of Belvidere's flood code names Beaver Creek too, so our guide to Belvidere flood zones along the Kishwaukee River and Beaver Creek covers the same creek from the city's side.

What The Poplar Grove Code Maps And Which Creek It Names

Chapter 12 is titled Flood Damage Prevention. It lists its own purposes, and they are plain ones. They include preventing unwise development from increasing flood or drainage hazards for neighbors, protecting new buildings and major improvements from flood damage, and preserving the natural characteristics and functions of watercourses and floodplains. One purpose ties the chapter to money. The village wrote the rules so that federally subsidized flood insurance would be available to people who own property here.

The standard the chapter uses is the base flood. The code defines it as a flood with a one percent probability of being equaled or exceeded in any given year, and it adds that the base flood is also known as the 100-year flood. The nickname misleads people. It does not describe a flood that comes once a century. It describes a one in a hundred chance that renews every year.

The code treats "floodplain" and "special flood hazard area" as the same thing. Both mean land subject to inundation by the base flood. That land can be inside the village, inside its extraterritorial jurisdiction, or land that may be annexed later. The village says its floodplains are generally identified on panels 17007C0050, 0085, 0105, 0115 and 0125 of the countywide Flood Insurance Rate Map of Boone County, dated February 18, 2011. It adds a clause a map reader can miss.

The creek is the part worth a closer look. The code says the floodway for the floodplains of Beaver Creek is the one delineated on the countywide map. The floodway is the part of a floodplain needed to store and carry the base flood. The ground outside it but still inside the floodplain is the flood fringe. The base flood elevation for Beaver Creek comes from the 100-year profiles in the Boone County Flood Insurance Study dated February 18, 2011. Where the map shows a plain Zone A with no study behind it, the code says to use the best data available from federal, state or other sources. If no other data exists, the applicant pays for an engineering study. And if you disagree with the data, you pay for the better study and submit it to FEMA and the Illinois Department of Natural Resources, Office of Water Resources, for approval before development of the site.

The code also sets a margin. Its flood protection elevation is the base flood elevation plus one foot of freeboard. Freeboard is the extra height the code adds as a cushion against uncertainty in the calculations. Several of the building rules below are measured against that higher line and not against the base flood elevation itself.

Now the map itself. A query of FEMA's National Flood Hazard Layer on October 13, 2026 returned 19 flood hazard polygons that intersect the boundary FEMA stores for the Village of Poplar Grove. Eight were Zone AE, one was an AE floodway, and two were Zone A. Those types are special flood hazard areas. Seven were shaded Zone X, FEMA's 0.2 percent annual chance flood hazard, and one was unshaded Zone X, an area of minimal flood hazard. The layer's water lines inside that boundary included one named Beaver Creek. A wider search around the village center also returned a line named Piscasaw Creek, which did not intersect the village boundary. These are counts of mapped shapes, not acres and not a list of lots.

One point on that map shows how local it gets. At the coordinates the Census geocoder gives for Village Hall at 200 N. Hill Street, the layer returned FIRM panel 17007C0105C, effective February 18, 2011, and Zone X, area of minimal flood hazard. That says nothing about the lot next door. The flood zone belongs to a parcel, and the parcel is what you check.

Who keeps the maps? The code names the Village President as the person who administers the chapter. Among the listed duties, the President keeps a record of the as-built elevation of the lowest floor or the flood-proof certificate, maintains the base flood data, floodplain maps and permit documentation for public inspection, and provides information and assistance to citizens on permit procedures and floodplain construction techniques. So the first call about a specific address goes to Village Hall at 815-765-3201. The hall is at 200 N. Hill Street and is open Monday through Friday from 8:30 a.m. to 4:30 p.m.

The flood chapter does not stand alone. The zoning code says all properties within the floodplain as determined by the FEMA maps must comply with Chapter 12, and its site plan requirements ask for the location of floodways and 100-year floodplains or a certification that the development is not within the floodplain limits. The building code adopts the FEMA flood study and maps as the village's flood hazard maps, and it says that where building codes are more restrictive, the more restrictive number applies.

Flood Insurance In Poplar Grove: When A Lender Requires It And When To Buy It Anyway

Federal flood insurance is only sold in communities that follow floodplain rules. Poplar Grove does. The county plan's table of National Flood Insurance Program status, based on a FEMA community status report updated June 8, 2020, lists the village as a participant with an initial flood insurance rate map dated February 18, 2011 and a current effective map of the same date. That is the reason a Poplar Grove homeowner can buy a federal policy at all.

Two things can make a policy mandatory. FEMA says you are required to have flood insurance if you own a home or business in a special flood hazard area and have a government-backed mortgage. FEMA also says some banks require it even when you do not live in a high-risk area, and it tells buyers to ask their mortgage lender about its terms. The second mandatory trigger belongs to the property. If a property has received federal disaster assistance before, flood insurance is required to qualify for future assistance, and FEMA says that requirement is tied to the property and not to the individual owner.

Does the zone letter settle the question? Not by itself. FEMA groups zones A, AE, AH, AO, AR and A99 as high risk. It calls shaded Zone X moderate risk and unshaded Zone X lower risk, "though not entirely without risk," and it recommends flood insurance for both. FEMA also reports that one in three flood insurance claims come from low and moderate risk zones. FEMA says to check your zone annually for updates, because a map change can move requirements and cost.

What about the policy you already have? FEMA says most homeowners insurance does not cover flood damage and will not meet the mortgage or federal disaster assistance requirement. Only a flood policy does. A federal building policy covers up to two hundred fifty thousand dollars of flood damage and a contents policy up to one hundred thousand dollars for belongings kept inside the home. FEMA says every provider offers the same rates. A policy lasts one year, with a 30-day grace period after it expires if you renew and pay in full.

Timing is the trap. FEMA says flood coverage goes into effect 30 days after the date of purchase. There are exceptions. There is no wait if you buy while making, increasing, extending or renewing a mortgage, and none if you change your coverage while renewing. There is a one-day wait if the property is in a newly designated high-risk zone and you buy within twelve months of the update. Because the 30-day wait is the default, a buyer who is not financing and who decides to insure the week of closing should not assume the policy is already working.

Read the exclusions before you rely on a policy. FEMA lists items a flood policy does not cover no matter the cause of flooding. They include personal property kept in basements, property outside an insured building such as landscaping, septic systems, decks, patios, fences and swimming pools, and temporary housing and additional living expenses during repairs. The cause of the water matters too, and FEMA's own example is that a sewer backup caused by heavy rain is covered while one caused by clogged pipes is not. Ask an insurance agent what a specific policy would pay on a specific house, because this guide cannot tell you that.

An elevation certificate is the document that connects the house to the map. It shows how high a building is compared with how high local floodwaters are expected to get, and it records the first floor height. To find out whether one is already on file, FEMA says to contact the local floodplain manager. If none exists, you hire a land surveyor, engineer or architect to complete one. FEMA says most homeowners do not need a certificate to get a policy, with an exception for Zone A or Zone V, and that a certificate does not set the rate but can identify discounts. The Poplar Grove code requires the Village President to keep the as-built lowest floor elevation or flood-proof certificate for buildings under the building protection standards, so ask the village whether one exists for the address before paying a surveyor.

The county plan's table of insurance claims since 1978, current to September 2019, lists Boone County, Belvidere, Cherry Valley and Loves Park. Poplar Grove is not in that table. That is a statement about what the table lists, not a finding about any single house, and it does not replace the address check. Our Rockford flood zones and flood insurance guide walks through the same federal program for the City of Rockford.

What The Floodplain Rules Mean If You Build, Repair Or Add

Start with the word "development," because the code uses it broadly. It includes new buildings and additions, repair, structural alteration, placement of a building, walls and fences, filling, grading, excavating, paving, the storage of materials and any change that might alter the direction, height or velocity of flood waters. It leaves out routine maintenance of existing buildings, resurfacing roads, and gardening and plowing that do not involve filling, grading or levees. No one may begin development in the floodplain without first getting a development permit from the Village President, and the President may not issue one if the proposal does not meet the chapter.

The application asks for scaled drawings showing property line dimensions, existing grade elevations and every change in grade from excavation or filling, the location and size of buildings and additions, the lowest floor elevation of any building that triggers the building protection rules, and the project cost as estimated by a licensed engineer or architect. On receipt, the President compares the elevation of the site with the base flood elevation. Land shown by survey to be higher than the base flood elevation, and not filled since the site's first flood map, is not in the floodplain and is not subject to the chapter. The reverse also holds. Land below the base flood elevation and hydraulically connected to a flood source is subject to the chapter even if the current map does not show it. The permit waits until every other federal, state and local permit that applies has been obtained.

Inside a floodway, or inside a floodplain where no floodway has been drawn, the standard is strict. The code allows no development that, together with existing and anticipated development, causes any increase in flood heights or velocities. It then lists activities that meet the standard by fitting a state statewide permit. Examples include sidewalks, driveways and patios that involve no fill or rise in grade, underground utility lines, and one properly anchored building no larger than 70 square feet. An accessory structure or an addition to an existing house can qualify if it is no larger than 500 square feet, involves no fill, sits at least 50 feet from the stream bank, and is the only one authorized. A fence is on the code's list of development, so confirm with the village before assuming a fence is fine near a creek bank. Our guide to Poplar Grove permits for fences, sheds, pools and decks covers the ordinary permit path.

Building protection is the next layer, and it is where the house itself is involved. It applies to a new building, or an alteration or addition valued at more than one thousand dollars or 70 square feet. It also applies to a substantial improvement, which the code defines as work that increases floor area by more than 20 percent or equals or exceeds 50 percent of the building's market value before the work started. Here is the detail a buyer should notice. The code figures that percentage cumulatively over the life of the building. Work done by a previous owner and work you plan now are counted together. When a building is substantially improved, the existing structure and the addition must both meet the standards. The same cumulative rule applies to substantial damage, which is damage from any cause that equals or exceeds 50 percent of market value, and then the entire structure must comply.

There are three ways to meet the standard. The first is to build on permanent fill, with the lowest floor, basement included, at or above the flood protection elevation. The fill goes down in layers no thicker than six inches before compaction, extends at least ten feet beyond the foundation, and cannot send surface water onto neighboring lots. The second is to raise the building on a foundation that is permanently open to flood water, with the lowest floor and all heating, plumbing, electrical and air conditioning equipment and utility meters at or above the flood protection elevation. The space below may be used only for parking or building access and cannot later be finished into living space. The third is a limited crawlspace, with an interior grade no more than two feet below the lowest adjacent outside grade, an interior height no more than four feet, and flood openings of at least one square inch per square foot of enclosed area. Non-residential buildings can instead be dry flood-proofed if a licensed engineer or architect certifies it.

Garages and sheds get a smaller path. The code allows a garage, shed or other minor accessory structure on an existing single family lot when it is non-habitable, used only for vehicles and tools, outside the floodway or covered by state and federal permits, and built of flood-resistant materials below the base flood elevation. It needs a permanent opening on each wall and utilities above the flood protection elevation. It must also be less than ten thousand dollars in market value or replacement cost, or less than 500 square feet, and anchored against flotation and overturning. The last condition connects back to insurance. The lowest floor elevation should be documented and the owner advised of the flood insurance implications.

The building code stacks a second rule on top. Poplar Grove adopts Appendix G of the 2021 International Building Code, which covers flood-resistant construction. Its amendments to the 2021 Residential Code require that in flood hazard areas the lowest floors sit 12 inches above the design flood elevation, and that basement floors below grade on all sides sit 12 inches above it as well. The village's building page asks for a grading plan showing the elevation of the proposed top of foundation. The same page lists an Ordinance 2025-14 on building code editions, and the online code library read for this guide runs through ordinance 2024-24, so ask Village Hall whether anything newer changes a requirement.

Drainage has its own rules. The sewer-use code says no one may discharge stormwater, surface water, groundwater, roof runoff or subsurface drainage into a sanitary sewer. The subdivision code requires an engineer's stormwater report for a new subdivision, with calculations of the effect of a 100-year storm, and stormwater easements along any watercourse that a parcel abuts. If a basement drain or sump is part of the house you are buying, ask Village Hall where that discharge is allowed to go.

The code also covers what happens when a rule is not met. A variance goes to the Planning and Zoning Commission, which recommends to the Administration Committee and then to the Village Board. An applicant has to show all seven listed conditions, including that the project cannot be located outside the floodplain and that an exceptional hardship would result. The commission must warn the applicant in writing that a variance that lessens building protection can raise flood insurance premium rates by up to twenty-five dollars per hundred dollars of coverage and increases the risk to life and property, and the applicant must acknowledge that risk in writing.

Doing the work without a permit is the costlier path. The Village Attorney sends written notice. If the owner does not correct the violation within ten days, the village may go to circuit court for an injunction. The fine is not less than fifty dollars or more than seven hundred fifty dollars per offense, each day is a separate offense, and the village records a notice of violation on the title of the property. The owner is also told that the violation is considered a willful act to increase flood damages and may cause coverage by a standard flood insurance policy to be suspended. A buyer inherits the title and the house, so ask the seller and the village whether any permits are on file for decks, additions and outbuildings before you commit.

Land outside the village limits follows different rules. Boone County's code directs its zoning enforcing officer to review building permit applications for consistency with the need to minimize flood damage and to decide whether a site is reasonably safe from flooding. For construction in flood hazard locations, the county requires that it be designed and anchored against flotation, collapse and lateral movement, use flood-resistant materials, provide adequate drainage and place utilities so that flood damage is minimized. The village chapter reaches land in the village, in its extraterritorial jurisdiction and land that may be annexed, so ask which office issues permits for a specific parcel.

Bottom Line

Poplar Grove's flood rules are specific and checkable. The village code names Beaver Creek, adopts a FEMA map dated February 18, 2011, sets a flood protection elevation one foot above the base flood, and requires a permit before development in the floodplain. FEMA's own data shows both high-risk and lower-risk zones inside the village boundary, so the town name tells you nothing about a particular lot. The code itself says larger floods may occur, which makes meeting it a floor and not a guarantee.

Before you make an offer on any of the homes for sale in Poplar Grove, do four things. Look the address up on FEMA's Flood Map Service Center. Pull the parcel on the Boone County property map, which the county says shows zoning and flood information. Ask your lender whether it will require flood insurance, and ask an insurance agent for a quote that includes the 30-day timing. Then read the seller's Illinois disclosure report, and compare it with our guide to the Illinois seller disclosure report, because three of its items ask about flood insurance, flooding or leakage in the basement or crawl space, and whether the property is in a floodplain.

Here are the questions a buyer in Poplar Grove is likely to ask next.

Frequently Asked Questions

Gambino Realtors has been in business in Rockford since 1923. If you are weighing homes for sale in Winnebago County, the county's exemption rules are worth reading side by side. This guide sets the county's own descriptions next to the Illinois Property Tax Code sections behind them and leaves the choosing to you and the Supervisor of Assessments. It describes rules. It does not tell you which ones you qualify for.

Every fact comes from the county's Property Tax Exemptions page, fetched in October 2026, and from the statute text on the Illinois General Assembly website. Where the county gives a savings estimate, it is based on 2024 taxes, payable in 2025, in the City of Rockford, and the page says so. Treat those numbers as a scale marker for one year in one taxing area. Where the sources are silent, this guide says so plainly.

The Exemptions Laid Out Side by Side

Start with the plain list of five. Each line gives the amount, who it is written for, how it is applied for, and the date.

• General homestead exemption (35 ILCS 200/15-175). Reduces taxable value by the increase above the property's 1977 equalized assessed value, up to 6,000 dollars, whichever is less. Written for an owner who occupies the home as a primary residence on January 1 and is liable for the taxes. One application, then it renews itself. Deadline December 31.
• Senior citizens homestead exemption (15-170). Reduces taxable value by up to 5,000 dollars. Written for a person 65 or older who owns and occupies the home and is liable for the taxes. One application, then it renews itself. Deadline December 31.
• Low-income senior citizen assessment freeze (15-172). Freezes the home's equalized assessed value at a base amount, so reassessment increases do not raise it. Written for a person 65 or older with household income at or under the limit, who owned and occupied the home on January 1 of both the application year and the year before. Application every year. Deadline July 1.
• Homestead exemption for persons with disabilities (15-168). Reduces taxable value by up to 2,000 dollars. Written for an owner-occupant with documented disability. Initial application, then annual renewal. Deadline December 31.
• Standard homestead exemption for veterans with disabilities (15-169). Reduces taxable value by 2,500 dollars, 5,000 dollars, or up to 250,000 dollars depending on the service-connected rating. Initial application, then annual renewal with one exception. Deadline December 31.

Read down that list and the pattern is visible. Four of the five are straight subtractions from taxable value. The freeze is the odd one out, because it does not take a fixed amount off. It holds the value where it was in the base year and only counts the increase above that base.

The county's page lists several more. The standard homestead exemption for veterans of World War II is a total exemption from property taxes on the primary residence. The returning veterans exemption reduces taxable value by up to 5,000 dollars for two consecutive years. The specially adapted housing exemption for veterans with disabilities reduces it by up to 100,000 dollars and is handled through the Illinois Department of Veterans Affairs. The homestead improvement exemption reduces it by up to 25,000 dollars for four years after an improvement. Those are covered further down. The sibling guide on Winnebago County homestead exemptions in Rockford walks through the same county page exemption by exemption.

Who Each One Is Written For, and What Each Asks You to Prove

The county's requirements for the general exemption are ownership, occupancy as a primary residence on January 1 of the tax year, and liability for the property taxes.

Two special cases sit inside the general exemption. Where married persons maintain and reside in separate residences, each residence may receive 50 percent of the total reduction. And a single-family rental can be granted the exemption if the tenant is responsible for paying the property taxes and a signed copy of the lease is provided. The county prints a separate 2026 Rental/Owner Occupancy Exemption Form for that case.

The senior exemption adds one test and keeps the rest. The owner must be at least 65, and the county says a homeowner may apply any time during the year they turn 65. The statute backs that up, because a person who will be 65 during the current assessment year is eligible to apply during that year. If a property is first occupied as a residence after January 1 by an eligible senior, the county says a pro-rata exemption is granted, calculated from the date of ownership and occupancy. The statute spells out the arithmetic: the exemption allowed in the county is divided by 365 and multiplied by the number of days the property is occupied by the eligible person.

The freeze adds occupancy and income tests. Age is the same, 65 or older. Occupancy is stricter, because the owner must have owned and occupied the home on January 1 of the application year and also on January 1 of the year before. The county's example is a 2025 tax year, payable in 2026, which needs occupancy on January 1, 2024 and January 1, 2025. Then comes income, and the county defines household income as the combined income of the applicant, the applicant's spouse even if the spouse lives elsewhere, and everyone using the residence as their primary residence as of January 1 of the year the exemption is sought.

The income limit is the figure that moved. Public Act 104-0452, which began as Senate Bill 642, was signed on December 12, 2025. The county's table gives the new schedule, and the statute text carries the same numbers:

• Tax year 2025, payable in 2026, using 2024 household income: 65,000 dollars.
• Tax year 2026, payable in 2027, using 2025 household income: 75,000 dollars.
• Tax year 2027, payable in 2028, using 2026 household income: 77,000 dollars.
• Tax year 2028, payable in 2029, using 2027 household income: 79,000 dollars.

The county adds that after the 2028 year the limit stays at 79,000 dollars unless the General Assembly changes it. Two statute details bear on how income is counted. The statute says "income" does not include veteran's benefits. And it lets a homeowner enrolled in certain programs be presumed to have household income under the limit. The programs it names are Aid to the Aged, Blind or Disabled, the Supplemental Nutrition Assistance Program, the Low Income Home Energy Assistance Program, the Benefit Access program, and the Senior Citizens Real Estate Tax Deferral Program.

The disability exemption asks for a document. The county lists a Social Security Disability Benefit Award Letter, an Illinois Persons with Disabilities Identification Card, or a Physician's Statement on form PTAX-343-A. The statute defines a person with a disability as someone unable to engage in any substantial gainful activity because of a medically determinable physical or mental impairment that is expected to result in death, or that has lasted or is expected to last for a continuous period of at least 12 months. It says proof of eligibility for Social Security disability benefits counts as proof, and so does an Illinois identification card stating a Class 2 disability. A person covered by neither is examined by a designated professional, and the statute says the claimant bears the cost of that examination.

The veterans with disabilities exemption asks for proof of both status and rating. The county names a Summary of Benefits letter from the VA or a DD-214, and the disability must be service-connected. The tiers are 2,500 dollars of equalized assessed value for a rating of 30 percent to 49 percent, 5,000 dollars for 50 percent to 69 percent, and up to 250,000 dollars for 70 percent to 100 percent. For tax year 2023 and after, the statute measures the rating as certified by the VA as of the date the application is submitted.

One more difference matters when the property is not a simple single-family house. The county states that the veterans exemption and the freeze do not apply to farm land assessed under the farmland rules, and that they apply only to the qualifying portion of a multi-family primary residence.

How Each One Is Applied For, Renewed and Lost

Every application goes to one office. The Supervisor of Assessments is at 404 Elm Street, Room 301, Rockford, Illinois 61101, and the phone number is (815) 319-4460. Forms are on the county's exemptions page and in the office. Applications can be handed in or mailed. The exception is the homestead improvement exemption, where the county says to contact the township assessor because the process may vary by township, and the specially adapted housing exemption, where the county sends you to the Department of Veterans Affairs.

The real difference between the exemptions is how many times you file. The general and senior exemptions are one-time applications. Once approved, the county says each renews automatically as long as the taxpayer continues to own and occupy the home as a primary residence. The World War II veterans exemption is a one-time application too, and the statute says a veteran who qualifies through World War II service need not reapply.

The other three are annual. The county says the disability exemption and the veterans with disabilities exemption must be renewed every year, and it says the freeze application must be submitted every year to keep the exemption. For all three, renewal forms are sent to properties that currently receive the exemption. In 2026 the county's mailing schedule put the veterans with disabilities renewal mailing at January 30, the disability renewal at February 17, and the freeze renewal at March 2. If you do not receive one and think you should have, the county says additional applications are available on the page and in the office.

There is one exception to annual renewal. If a veteran has a combined service-connected disability rating of 100 percent and is deemed permanently and totally disabled, as certified by the VA, the county says annual renewal is not required.

The deadlines split in two. December 31 applies to the general, senior, disability, veterans with disabilities, World War II veterans and returning veterans exemptions. July 1 applies to the freeze. It also allows the assessment officer to extend the freeze deadline by up to three months when failure to file was caused by a severe mental or physical condition, supported by a signed statement from a physician, advanced practice registered nurse or physician assistant.

How do you know it worked? The county says it cannot send application receipt verification for every application it receives because of the volume. Its answer is the Parcel Information Search tool, which shows what exemptions are applied to your property. The sibling guide on the Winnebago County parcel lookup covers the county's search tools.

Then there is what happens when the house changes hands. For a sale in a county under 3,000,000 inhabitants, the statute says the general exemption remains in effect for the remainder of the assessment year of the sale and that the assessor may require the new owner to apply for the following year. So for a closing, the question for the Supervisor of Assessments is what the parcel will show after the deed is recorded and what you need to file.

The freeze statute adds a few conditions of its own. It says each application is made under penalties of perjury, includes an affidavit of household income, and that a taxpayer who receives the exemption is subject to audit by the chief county assessment officer. It also says that where married persons maintain separate residences, only one of them may claim the freeze, and only for one residence. The general exemption handles the same situation differently, by splitting the reduction 50 percent to each residence.

Which Ones Combine, and What the Sources Leave Unsaid

The statute answers part of the question. A taxpayer who claims the veterans with disabilities exemption under section 15-169 may not claim the persons with disabilities exemption under section 15-168 or the specially adapted housing exemption under section 15-165. Each of those three sections says the same thing about the other two. So those three are alternatives to each other.

The returning veterans section goes the other way. Section 15-167 says that exemption is in addition to any other homestead exemption in Article 15 of the Property Tax Code.

Past that, the pages read for this guide are silent. They do not say in one place whether the general exemption, the senior exemption and the freeze can all be held on the same home. The county's page describes each on its own. Anyone holding more than one should ask the Supervisor of Assessments how the reductions are applied together on the parcel, and then confirm on the Parcel Information Search which ones show.

The senior exemption has one more line worth knowing. The statute requires the assessor to notify each person who qualifies that they may also qualify for deferral of real estate taxes under the Senior Citizens Real Estate Tax Deferral Act, with applications for deferral available from the county collector. That is a separate program from the exemptions compared here, and this guide does not describe its rules.

Finally, the homestead improvement exemption is the one tied to the house and not the owner. It reduces taxable value by up to 25,000 dollars, the amount is limited to the fair cash value added up to 75,000 dollars, and the county says it lasts four years from completion and occupancy. A flood-damaged structure qualifies only if its jurisdiction participates in the National Flood Insurance Program.

Bottom Line

The five exemptions compared here are not interchangeable. The general exemption takes up to 6,000 dollars off taxable value with a one-time application. The senior exemption takes up to 5,000 dollars off for an owner 65 or older, with a one-time application. The freeze holds the assessed value at a base amount for a household under the income limit, and it is the only one of the five with a July 1 deadline. The disability and veterans exemptions ask for documents and, with one exception, a yearly renewal.

Pick the forms by what you can prove, not by what sounds largest. If you are looking at homes for sale in Winnebago County, ask the Supervisor of Assessments at (815) 319-4460 what the parcel shows today and what you need to file after closing. If you think an assessment itself is wrong, that is a different process, covered in the guide on Winnebago County assessment appeals. For the rest of Gambino Realtors' local guides, start with the Illinois Real Estate Guide.

Forms and dates are where the exemptions differ. Here are answers to the questions the side-by-side raises.

Frequently Asked Questions

What The Act And The Curriculum Say About Format

The requirement starts in Section 5-27 of the Real Estate License Act of 2000. A broker applicant has to provide satisfactory evidence of 75 hours of instruction in real estate courses approved by the Department. Fifteen of those hours must consist of situational and case studies presented in the classroom, by live interactive webinar, or by online distance education. The same section also requires the applicant to personally take and pass a written examination authorized by the Department. The course hours and the exam are two separate gates, and this article is about the first one.

The Illinois Department of Financial and Professional Regulation, known as IDFPR, publishes the Broker 75-Hour Pre-License Curriculum that fills those hours. It splits them into two courses. One is 60 hours of Real Estate Topics. The other is 15 hours of Applied Real Estate Principles. The curriculum document says the 60-hour course may be provided in any format. It says the 15-hour course must be provided only in the classroom, through a live interactive webinar, or in an online distance education format.

The administrative rule for pre-license courses says the same thing from the school's side. Under 68 Illinois Administrative Code 1450.1105, a school that offers pre-license courses has to offer a 60 credit hour course and a 15 credit hour Applied Real Estate Principles course, and the second one is described as presented in the classroom, by interactive webinar, or by online distance education. So the three-format limit on the 15 hours shows up in the Act, in the rule and in the state's own curriculum.

The other half of the format question is the exam rule for credit. Section 30-15 of the Act says credit for a course completed in a classroom, through a live interactive webinar, or in an online distance education format does not require an examination. Credit for a course provided through correspondence or by home study requires passing an in-person, proctored examination. That is the line that separates the formats. Three of them are treated one way, and the fourth is treated another.

One honest note on the wording. Section 30-15 lists the three delivery formats for core curriculum courses and, in a separate paragraph, sets the exam rule for correspondence and home study. The IDFPR curriculum document is the place that says in plain words that the 60-hour course may be provided in any format. We rely on the curriculum document for that point, and we rely on the statute and the rule for everything else in this guide. If a school tells you something that sounds different, ask it to show you which provision it is relying on.

The Four Formats Side By Side

The rules do not rank the formats. They describe what each one has to prove, and the differences are all about how the state knows you actually took the course. Here is each format with only what the Act, the rules and the curriculum say about it.

Classroom.

• Allowed for both the 60-hour course and the 15-hour course.
• No exam is required for credit.
• The school must verify attendance.
• You receive credit only for time you actually spent attending the course.

Live interactive webinar.

• Allowed for both courses.
• No exam is required for credit.
• Every participant has to demonstrate attendance and attention by answering or responding to at least one polling question per 50 minutes of instruction.
• The school must verify attendance.

Online distance education.

• Allowed for both courses.
• No exam is required for credit.
• Participants have to demonstrate proficiency with the subject matter through verifiable responses to questions included in the course content.
• The school must verify attendance.

Correspondence or home study.

• Allowed for the 60-hour course only. The 15-hour course may not be provided this way.
• A mandatory proctored final exam is required for credit.
• The exam must have at least 25 questions for every 15 credit hours, and the minimum passing score is no less than 75 percent.
• The school gives the exam at the completion of every 15 credit hours or at the conclusion of the course.

Read those four lists together and the pattern is plain. A live webinar proves you were present with a poll every 50 minutes. An online distance course proves you engaged with the material through questions built into the course. A classroom proves it by attendance the school must verify. A home study course has none of those checkpoints along the way, so the rules put the whole proof into a proctored exam at the end.

A short example shows how the pieces combine. Picture a person who wants to study from home and wants no in-person exam anywhere in the course. The 60-hour course may be taken online in a distance format, and the 15-hour course may only be a webinar, a classroom or an online distance course. So the full 75 hours can be done without a single in-person visit, as long as the school delivers both courses in one of the three formats that carry no exam. That outcome follows directly from the rules above. Whether a particular school offers it is a question for the school, and the state's approved course list shows the delivery method for each course.

Now picture the person who sees a home study course advertised for the 60 hours. That course is allowed. It also comes with the proctored final exam, with at least 25 questions for every 15 credit hours, and the school's registration material has to tell the student in writing whether the exam is given in electronic format, paper format, or both. The time spent taking the exam does not count toward the credit hours. A 60-hour home study course therefore has a built-in exam of at least 100 questions, since 60 divided by 15 is four blocks of 25. That number is arithmetic from the rule, and the rule itself only sets the floor.

Rules That Apply In Every Format, And What The Sources Leave Out

Some rules do not care how the course is delivered. They apply to the school, and they shape what you should ask before you pay.

Attendance is the first. The rules say a licensed education provider must verify attendance for courses presented in a classroom, by interactive webinar, or by online distance education. They also say a student may receive credit only for time actually spent attending the course or, if applicable, for achieving a passing score of at least 75 percent on the final examination. So an online course is not a way to skip the hours. The state counts time, and the school has to be able to show it.

Make-up time is the second. A school must provide time and facilities for make-up classes for students absent from the regularly scheduled class. No more than 10 percent of the total credit hours may be make-up hours, and the rule adds that a student missing any make-up credit hours shall fail the course. If you are choosing a live format with set meeting times, that last sentence is worth reading twice. Ask how the school schedules make-up sessions before you enroll, because the rule leaves the student with no room to simply skip them.

The third is what the school owes you before you enroll. The rule says that prior to enrollment, the school has to give a prospective student information that specifies the course of study and the delivery method, the tuition, the refund policy for unearned tuition, any additional fee for supplies, materials or books, and other matters that are material to the relationship between the school and the student. The delivery method is on that list by name. You can ask any school which of the four formats you are buying, and the rule says it has to tell you.

The fourth is advertising. A school must state in its advertising the number of pre-license credit hours that may be earned toward Illinois requirements. It may not advertise that it is endorsed, recommended or accredited by the Division, and it may say that it is licensed by the Division. For the longer version of how to confirm a school and a course are approved, see our guide on how to check an Illinois pre-license school is approved.

The fifth is who stands in front of you. A school's education program may only use instructors with a valid Illinois instructor license.

The sixth is what you get at the end. The school issues a transcript or certificate of completion in a format provided by the Division, and the document has to be authenticated and capable of being verified by the school. The school must also keep each student's record, including the course of instruction undertaken and the dates of attendance, for at least 5 years, and it must give you customer service email or telephone contact information. The certificate matters for the next step. To become eligible for the broker exam, you create an account with the exam vendor, PSI, and upload the course certificate. PSI approves it and sends an email confirmation. Your pre-license education is valid for 2 years after you satisfactorily complete all of it, and broker candidates get up to four attempts at the exam within the 2-year eligibility period.

Proctoring has its own standard. If you take a home study course, the rule says the proctor must authenticate your identity, monitor you and the exam process so that the exam is completed without the aid of additional persons or resources unless the Division approves otherwise, and protect the confidentiality of the educational materials. Proctors must be impartial third parties. A proctor may not be an applicant's or licensee's sponsoring broker, managing broker, relative or colleague. The rule also says any remote proctoring must be conducted in accordance with state and federal law, while Section 30-15 of the Act describes the exam for home study credit as in person. The sources read for this guide do not say more about how those two phrases fit together, so ask the school how its exam is administered and get the answer in writing before you pay.

Here is what the sources do not tell you. They give no tuition for any format and no comparison of what each format costs. They give no pass rates, no completion times and no schedule for any course. They do not say that one format prepares you better for the exam than another, and nothing here should be read that way. They also do not name schools. The Act lets the Department temporarily suspend a provider's approved courses without a hearing and refuse credit for them, so check that page and the approved course list on the day you enroll.

If you want the wider picture of studying from home, including the exam and the application, read our guide to getting your Illinois real estate license online. For what the exam itself covers, see what is on the Illinois real estate exam.

The Bottom Line

The format question has a short answer. The 15-hour Applied Real Estate Principles course can only be a classroom, a live interactive webinar or an online distance education course. The 60-hour course can be any format, and home study or correspondence is the one that brings a proctored final exam with it. Classroom, webinar and online distance credit needs no exam. Whichever you pick, the school has to verify attendance, the make-up cap is 10 percent of the hours, and the state counts the time you actually spend.

Before you pay, ask the school three things in writing. Which delivery method is each of the two courses. Whether either one ends in a proctored exam, and how that exam is given. And what the refund policy says if you withdraw. Then match what you hear to the state's approved list. Once the hours are done and the exam is passed, you need a sponsoring brokerage, and our guide on how to choose your first brokerage explains what to ask. Gambino Realtors has been in business in Rockford since 1923, and a new agent gets a personal business coach, weekly classes, sales meetings twice a month, a mentor on first appointments and leads from the brokerage.

The format rules raise the same practical questions again and again, so here are the short answers.

Frequently Asked Questions

This guide lays those four jobs side by side so you know who to call when a question comes up at the closing table. It sticks to what the statutes, the state rules and the federal consumer pages actually say, and it points out where those sources are silent. If you are also weighing where to build a career in this business, our piece on how to choose your first brokerage covers the other side of the desk. Gambino Realtors has been in business in Rockford since 1923, and none of this is legal, tax or financial advice. An attorney licensed in Illinois is the person who answers legal questions about your own contract.

What The Broker Does, And Where The Act Stops The Broker

The Act defines a broker by what the person does. A broker, for another and for compensation or with the intention of receiving it, sells, exchanges, purchases, rents or leases real estate, offers to do so, lists real estate, or negotiates or assists in the negotiation of a transaction. The Act calls those activities "licensed activities". Preparing a title search, issuing a title policy and drafting a deed do not appear on that list. That is the first clue that the broker's lane is the sale itself and not the paperwork that transfers title.

The written agreement comes first

The relationship begins with a brokerage agreement. The Act says all brokerage agreements shall be in writing and may be exclusive or non-exclusive. It also splits the people a broker deals with into two groups. A client is a person the licensee represents. A customer is a consumer the licensee does not represent. Our article on agency law and dual agency in Illinois goes through the duties that attach to each group. The short version is that the duties owed to a client are longer than the duties owed to a customer.

What the broker owes a client

A licensee representing a client must perform the terms of the brokerage agreement and promote the client's best interest. The Act spells that out. The licensee presents all offers in a timely way, discloses material facts that the licensee actually knows about, accounts for money and property received, and obeys specific directions from the client that are not contrary to law. The licensee must use reasonable skill and care, keep confidential information confidential, and follow the Act and other laws, including fair housing and civil rights statutes.

A customer gets a shorter list, but it is not empty. The Act says licensees shall treat all customers honestly and shall not negligently or knowingly give them false information. A licensee engaged by a seller client must also disclose to prospective buyers the latent material adverse facts about the physical condition of the property that the licensee actually knows and that a reasonably diligent inspection could not find.

Money the broker may hold

One closing-day item sits squarely with the broker, and that is earnest money held in the broker's special account. The Act makes it grounds for discipline to fail to keep escrow moneys in a special account, apart from personal and other business accounts, until the transaction is consummated or terminated. There are three exceptions. The money may be released on the written direction of the principals, under release directions in a signed written contract, or under a court order. The state rules add that the broker may transfer escrow moneys to the closing agent up to two business days before the scheduled closing. They also say a broker shall not withhold an authorized disbursement because a licensee has a claim for commission. Our guide to escrow and trust account rules for brokers has the full rule.

The Act also protects the party who is not the broker's client. It is grounds for discipline to require a person who is not a client to let the licensee keep a portion of the escrow moneys for commission or expenses as a condition of releasing the money to that person.

Where the broker stops

The edge of the broker's role is written into two places. The first is the Attorney Act. It says no person shall receive any compensation, directly or indirectly, for legal services other than a regularly licensed attorney, and no unlicensed person may advertise or hold himself or herself out to provide legal services. Practicing without a license is contempt of court, and the remedies include equitable relief, a civil penalty paid to the Illinois Equal Justice Foundation, and actual damages.

The second place is the state rule on unlicensed assistants, which draws the same line from the other direction. An unlicensed assistant may not interpret information about listings, titles, financing, contracts, closings or other information relating to a transaction. An assistant also may not explain or interpret a contract, a listing, a lease or another real estate document for or with anyone. The same rule lets a supervised assistant assemble documents for a closing and follow up on a transaction after the contract is signed. Assembling the paper is a clerical job. Explaining what the paper means is a licensed activity, and the rule says so in plain words.

Read together, those provisions tell you what to ask a broker and what not to. Ask about the price, the terms in the brokerage agreement, the offers, the disclosures and the schedule. Take the question of what a clause in your own contract does to you, legally, to an attorney. The sources draw the line this way. Licensed activity is one thing, legal services are another, and a person who sells legal services without a license answers to the court.

The Attorney, The Title Company And The Escrow Agent

The attorney

The Real Estate License Act carves out lawyers directly. The license requirement does not apply to the services an attorney at law renders in the performance of the attorney's duty as an attorney. So a lawyer who reviews a contract or a deed is not required to hold a broker license to do that work.

The Act also keeps one person from wearing both hats. It is grounds for discipline when a licensee who is also an attorney acts as the attorney for either the buyer or the seller in the same transaction in which the licensee is acting or has acted as a managing broker or broker. A person can hold both credentials. The person cannot be the lawyer and the broker in the same deal.

The federal Consumer Financial Protection Bureau says in its pre-closing guidance that a buyer "may want to hire a real estate attorney to review the documents." Its example is a purchase with another person, where you want the deed set up to give you the type of ownership you want.

What the sources do not say matters here. Nothing in the Real Estate License Act, the state rules, the Title Insurance Act or the Attorney Act requires an attorney to be present at a residential closing in Illinois. The Bureau's own page tells the buyer to ask a lender or real estate agent what the situation is in the buyer's state. It notes that some states require a closing attorney for each side and that closing agents go by different names depending on location. Those pages do not tell us who conducts closings in a given Illinois deal, so this article does not guess.

The title company and the title agent

The Title Insurance Act defines the business of title insurance broadly. Besides issuing title insurance, it includes handling escrows, settlements and closings, abstracting, searching or examining titles, and issuing closing protection letters. Title insurance itself means insuring owners of real property, or holders of liens, against loss from liens, encumbrances, defects in the title or unmarketability of the title. One carve-out is worth knowing. Preparing an attorney's opinion of title is not within the definition of title insurance, so a lawyer's opinion and a title policy are two different products under Illinois law.

The CFPB's closing guidance adds the lender's side. Most lenders require a lender's title policy, which protects the amount they lend. A buyer may want an owner's policy, which protects the buyer's own investment in the home. Title services are the largest costs in the category of closing services a buyer can shop for, and the Bureau's page says that in most parts of the country the fee for the closing agent who conducts your closing is part of those title services. Your lender must give you a list of companies in your area that provide the services you can shop for. You may use one of those companies or choose another if the lender agrees to work with your choice. The Illinois Act adds that the Secretary has no authority under it to set or adjust the fees for title policies, title searches, commitments, or closing, escrow and settlement fees. Our guide to transfer taxes and closing costs in Rockford shows where those fees land on the settlement statement.

Who may hold the closing money

The Act gives names to two kinds of closing-money holders. An escrow agent is a title insurance company or title insurance agent that receives deposits in trust of funds or documents to effect the sale, transfer, encumbrance or lease of real property, held until title is in a prescribed condition. An independent escrowee is any other person or entity that does the same thing. Banks, savings and loan associations, credit unions, mortgage bankers, licensed real estate brokers, and licensed attorneys engaged in the attorney-client relationship are exempt from the Act's escrow provisions.

A title insurance agent has to be registered by a title insurance company with the state before the agent may act as, or hold itself out to be, a title insurance agent. An agent may serve as escrow agent only when a registered title company has authorized it in writing. In a residential deal there is a further condition. The agent may not act as escrow agent unless title insurance has been committed for in that transaction and the agent has authority through an agency contract or through a closing protection letter. A closing protection letter is issued by the title company to the seller, buyer, borrower and lender. The statute says an agent shall not issue one.

The money rules are specific. Funds deposited for an escrow, settlement or closing go into a separate fiduciary trust account at a federally insured institution. The funds belong to the people entitled to them, are tracked deal by deal in the escrowee's records, are not subject to the escrowee's own debts, and may be used only under the terms of that closing. Interest goes to the depositing party unless the instructions say otherwise. A title company, title agent or independent escrowee may not disburse from that account unless the funds received are good funds or collected funds as the statute defines those terms.

Referral payments

Two anti-kickback rules sit around the closing table. The Illinois Act says no person shall pay or accept any commission, discount, referral fee or other consideration as inducement or compensation for referring title business or escrow service to a title company, independent escrowee or title agent, and a violation is a Class A misdemeanor. A separate section covers residential properties of four or fewer units where at least one unit is owner-occupied. A title business may not serve an applicant referred by a producer of title business that has a financial interest in it, unless the producer gave the paying party a written disclosure of that interest before the title commitment was issued. The Act counts as a producer of title business a person acting as broker, agent, attorney or representative of buyers and sellers or lenders. The federal rule in 12 CFR 1024.14 says the same thing in its own terms. No person shall give or accept a fee, kickback or thing of value for the referral of settlement service business, and no one may take a split of a settlement charge other than for services actually performed.

The Lender, The Closing Disclosure And Your Own Review

What the lender owes

The lender, which the federal rule calls the creditor, is responsible for the Closing Disclosure. The rule says the creditor shall provide the consumer with the disclosure reflecting the actual terms of the transaction. The creditor must ensure the consumer receives it no later than three business days before consummation. A settlement agent may deliver it, provided the agent follows the rule, and a compliant disclosure from the settlement agent satisfies the creditor's obligation. The creditor remains the party who must ensure it is done.

The CFPB tells buyers to contact the lender or closing agent at least a week before closing to find out how the Closing Disclosure will arrive. Some fees cannot increase at all unless the buyer asked for a loan change or financial information changed. Other fees are limited to a 10 percent increase, and a third group is not limited. The Bureau also says that if something important changes about the loan, the buyer gets a new Closing Disclosure, and in limited circumstances the law requires a full three business days to review the new one.

Who answers which question

The CFPB puts the division of labor in two sentences. If you have a problem or are confused about the terms and conditions of the sale, ask your real estate agent or your settlement agent, meaning the title company, escrow officer or attorney. If you have a problem or are confused about your loan, you need to talk to your lender. The side-by-side list below uses only facts from the sources above.

• Broker: negotiates the sale, presents offers, discloses known material facts, holds earnest money in a special account if the contract puts it there, and keeps the transaction records.
• Attorney: gives legal services, which only a licensed attorney may charge for in Illinois. May also act as escrow holder when engaged in the attorney-client relationship. Cannot act as attorney for the buyer or seller in a deal in which the same person is the broker.
• Title company or title agent: insures title, searches title and may handle escrows, settlements and closings, subject to registration and authorization rules and trust-account requirements.
• Lender: provides the loan, requires the lender's title policy, and must ensure the buyer receives the Closing Disclosure three business days before closing.

Your own review

The Bureau's last steps are about what you do as the buyer. Do a final walk-through before you sign, and confirm that the repairs the seller agreed to are done and that anything the seller agreed to leave is in the house. Do not sign blank documents, or documents that say something different from the transaction you agreed to. You are not committed until you sign, and you can walk away at closing. The Bureau is plain that walking away might cost you a deposit you gave the seller and any application or appraisal fees paid to the lender, and there could be other consequences from breaking the contract. Know what your contract says before you walk in.

Wiring instructions deserve their own line. The CFPB's archived scam warning says scammers send spoofed emails posing as the real estate agent, settlement agent, legal representative or another trusted person, with false wiring instructions. Its advice is to name two trusted people ahead of time, confirm wiring instructions by phone using a number you agreed on beforehand, and never follow instructions that arrive by email. The scam can borrow the name of the agent, the settlement agent or a legal representative, so the confirming call goes to the number you agreed on.

After closing, the Bureau lists four documents to keep. They are the Closing Disclosure, the promissory note, the mortgage (security instrument or deed of trust) and the deed. The broker keeps its own copy of the closing statement under the state recordkeeping rule, along with the signed contract, the written release of escrow funds, the brokerage agreement and the disclosures.

The Bottom Line

It has a broker who handles the sale and the earnest money, an attorney who handles legal advice and legal documents, a title company or agent who insures title and holds closing funds under a trust-account law, and a lender who must ensure the Closing Disclosure arrives three business days ahead. Pick the right person for the question. Ask the broker about the sale, the attorney about what your documents do to you legally, the title company about title and closing funds, and the lender about the loan.

The two things to carry out of this guide are short. A broker is not licensed to give legal advice and an unlicensed person may not charge for it, so take contract-meaning questions to an Illinois attorney. And do not wire money on the strength of an email, no matter whose name is on it. If you are deciding between brokerages and want to know how a firm handles these roles in practice, how to choose your first brokerage is the place to start, and the full list of our Illinois guides is in the Illinois Real Estate Guide.

Still sorting out who does what? These questions cover the points the sources answer.

Frequently Asked Questions

If you are weighing land for sale in Rockford, it helps to know what each one covers before a contract asks you to pay for them. This guide lays the three side by side using the statutes, the state's survey standards, the consumer agency's plain-language pages and the Recorder's own site. It is not legal advice. An Illinois real estate attorney or a title company reads the documents for your parcel. Gambino Realtors has worked in Rockford since 1923 and can point you to the office that answers each question.

Three Jobs, Side By Side

Start with the plainest comparison, because the three are easy to blur. Each one answers a different question, and each one has a different source of authority behind it.

• Title search. The question is what the public record says about the parcel. The records are kept by the county Recorder, under Illinois recording law. The product is what you find in the records, and the Winnebago County Recorder says it cannot search by phone.
• Title insurance. The question is who pays if a covered title problem turns up later. The policy comes from a company authorized under the Illinois Title Insurance Act, and the Act's certificates of authority come from the Secretary of Financial and Professional Regulation. The product is a policy, and it comes in two forms, one for the buyer and one for the lender.
• Land survey. The question is where the lines and corners are on the ground. The work belongs to a licensed professional land surveyor under the Illinois Professional Land Surveyor Act and the state's minimum standards. The product is a plat, a legal description and monuments in the field.

Notice what is missing from each row. A record search does not measure anything. A policy does not tell you where your corners are. A survey does not research who owns the land or what liens are attached. The state's own survey standard says so in nearly those words, and we will get to the quote below.

There is also a fourth item that shows up in loan paperwork, the mortgage inspection, and it is easy to mistake for a survey. The standards define it separately and say it is not one. We cover it in the survey section.

The Title Search: What The Public Record Can Tell You

Illinois law is the reason a title search is possible at all. Deeds, mortgages and other instruments that affect title to real estate must be recorded in the county where the land sits. A recorded instrument takes effect from the time it is filed, and as to creditors and later buyers without notice, an unrecorded one is void until it is filed. State law also bars any deed or mortgage from carrying a clause that prohibits its own recording.

That is what makes the record the place where ownership and claims become real. The Counties Code tells every recorder to record instruments at length, in the order of time of reception. It also says no deed that transfers title can be recorded unless the name and address of the grantee appear on its face. So the record is organized by time, and a search reads it in that order.

In Winnebago County the Recorder's Office, at 404 Elm Street, Room 405, in Rockford, keeps deeds, mortgages, liens, plats and surveys, UCC filings, corporation documents and military discharges. Its records run back to the hand-written books of the 1830s. The phone number is (815) 319-4325 and the office is open Monday through Friday from 8 a.m. to 5 p.m. For a closer look at what that office holds and how to ask for it, our guide to the Winnebago County Recorder, deeds, liens and title records goes through the counter and the online options.

Here is what the Recorder says about doing a search yourself. The office cannot search by phone. At the front desk it can search for documents, and if you have more than five searches it will show you how to use the public stations. Copies are charged by the page, and the fee schedule is on the county's page. Online, there is a free site called Direct Search with limited searching and no images of documents, only basic information. There are also two paid online sites, one for the occasional user and one for commercial users. By mail, the office takes search requests for plats and for documents, with a limit of five searches per request, and it asks you to allow up to two business days.

To find out who owns a property, you can come into the office or search online. To find out whether there are liens on a property, you use the Records Search page. The page also links the Illinois Department of Revenue's statewide tax lien database for liens and releases that agency filed. The county's GIS site, WinGIS, is linked there too, and its office number is (815) 319-4450.

Now the limits, because a record search has them. The Recorder's Office says it cannot help prepare documents and can only tell you when information is missing from a document someone presents. It recommends legal advice for deed questions. A search tells you what has been filed. Where the corners sit on the ground is a surveyor's question, and who stands behind the title is an insurer's.

One more tool sits next to the search. The Recorder offers a free, voluntary Property Fraud Alert that notifies you any time a document is recorded that matches your name. That is an alert about future filings. It does not change what a search shows today. Read the Recorder's page for the current status.

Buyers of houses sometimes lean on the seller's disclosure report to learn about the parcel, and the statute's wording is worth reading closely. The Residential Real Property Disclosure Act defines residential real property as property improved with one to four dwelling units, units in residential cooperatives, or condominium units. A bare parcel with no dwelling does not fit that wording. For property that does, the form asks the seller whether they are aware of boundary or lot line disputes, and it defines "aware" as actual notice or actual knowledge without any specific investigation or inquiry. In boldface it adds that the seller's lack of awareness of a condition is no guarantee that it does not exist, and that the report is not a substitute for inspections. In other words, the report records what the seller knows. It is not a search and it is not a survey. Our guide to the Illinois seller disclosure report in Rockford covers the form.

Title Insurance: What The Policy Is And What The Act Regulates

Illinois defines title insurance in its Title Insurance Act. It means insuring, guaranteeing, warranting or indemnifying owners of real property, or the holders of liens and encumbrances on it, against loss or damage from liens, from encumbrances on the property, from defects in title, or from the unmarketability of title. It also covers the invalidity or unenforceability of liens and encumbrances. The same section says an attorney's opinion of title is not within that definition. So a lawyer's written opinion and an insurance policy are different products, and the statute draws the line between them.

The Act regulates more than the policy. It defines the business of title insurance to include abstracting, searching or examining titles, handling escrows, settlements or closings, and issuing closing protection letters. A closing protection letter is a written undertaking from a principal such as a title insurance company about its responsibility for intentional misconduct or errors in closing by a settlement agent. If you see one named in your closing paperwork, that is the document the statute is describing.

On who may sell the policy, the Act is direct. A company may not engage in the title insurance business without a certificate of authority from the Secretary of Financial and Professional Regulation. A person may not act as a title insurance agent unless a title insurance company has registered that person with the Secretary. The Act describes the agent's job as determining insurability of title under underwriting rules, relying on the public records or a search package prepared from a title plant, or both, and issuing commitments, policies and endorsements. That sentence is where a title search and title insurance meet. The insurer's agent reads records, and the policy is issued on what that reading finds, subject to the terms of the policy and its commitment.

The federal Consumer Financial Protection Bureau explains the two policy forms in plain words, and the difference matters because only one of them protects you. Owner's title insurance protects the homeowner if someone sues and says they have a claim against the home from before the homeowner purchased it. The agency's examples are a previous owner's failure to pay taxes and contractors who say they were not paid for work done before the purchase. Lender's title insurance protects the lender against problems with title, and the agency says plainly that it only protects the lender. It does not protect your equity in the home, and it covers only claims that affect the lender's loan. The CFPB adds that if someone sues with a claim against your home, you are the first person responsible. To protect your equity, it says, you may want an owner's policy.

Both CFPB pages are general consumer information, and they carry their own disclaimer that they are not legal advice. The owner's page was last reviewed on October 19, 2023, and the lender's page on September 11, 2024. Neither one is a statement of Illinois law. They explain the products. For your own parcel, the commitment and the policy language decide what is covered and what is excluded, so read both before you close.

On cost, the Illinois Act is specific about one thing and silent about the rest. It says nothing in the Act gives the Secretary the authority to set or adjust the fees charged to the parties for issuing a policy, including any service or administration fee, for abstracting, searching and examining title, for preparing preliminary reports, property profiles, commitments and binders, or for closing, escrow and settlement fees. We have left out dollar figures. The Recorder posts its own current fees on the county site. The CFPB tells buyers they may shop for a title insurance provider separately from the mortgage, and says shopping could save money. It also says the total cost can be lower when the same provider writes both the lender's and the owner's policy than when you buy them separately.

The Act also has a rule on referrals. For residential property of four or fewer units, at least one of which is occupied or will be occupied by an owner, a title company or agent may not issue a policy to an applicant it knows or has reason to believe was referred by a producer of title business with a financial interest in the company, unless that interest was disclosed in writing before the commitment is issued, with an estimate of the charges. The company must keep the disclosure forms for three years. The rule is limited to residential property of four or fewer units, so ask an attorney whether it reaches a land purchase.

The Survey: What The State Standards Require And What They Do Not

Surveying is regulated as a profession. The Professional Land Surveyor Act declares that land surveying affects public health, safety and welfare, and it says only qualified persons may do it. The practice it defines includes establishing or reestablishing, locating and monumenting land boundaries, determining area, preparing descriptions for the determination of title or real property rights, setting monuments that look like boundary markers, and locating improvements whose position depends on property, easement or right-of-way boundaries.

The Department of Financial and Professional Regulation's rules, at 68 Illinois Administrative Code 1270.56, set out the minimum standards for each type of survey. Four types matter to a buyer, and they are not interchangeable.

The boundary survey is the standard one. The rule defines it as the study, investigation and evaluation of the factors that affect boundary lines, ending in the deliberate location or relocation of the corners, perimeters and division lines of a parcel according to the record title description, together with the facts and evidence found in research and fieldwork. Its purpose is to establish or retrace the lines and corners so each parcel is located in relation to established reference points, adjoining properties and rights of way. A boundary survey includes gathering and evaluating the best available evidence, field notes, a plat of survey unless the client asks otherwise, a legal description, and monuments or witness points at all accessible corners. Where development would destroy a corner monument, setting it may be delayed, and the monument must then be in place within twelve months of the last field work.

The plat itself has required content. It carries the firm's name and registration number, the surveyor's seal, signature and license expiration date, the client's name, a north arrow, a scale, the date of the field work, the legal description, the monuments set or found, and the area. For a parcel in a recorded subdivision, it also shows the adjacent rights of way, easements and setback lines from the recorded plat that affect the parcel. It shows the character and location of evidence of possession or occupation along the perimeter by adjoiners. Visible evidence of improvements, rights of way, easements or use goes on when the client requests it. The rule bars exculpatory statements that try to restrict the use of a boundary survey, and it requires the statement that the work conforms to the current Illinois minimum standards for a boundary survey.

Read the standard's research clause with care, because it is the sentence that separates the survey from the title search. The record title description should be furnished by the client unless the client and surveyor agree otherwise. If the description is not enough, it is the client's duty to furnish more. The rule then says this is not to be construed to indicate that the surveyor has an obligation to research the title of record. Information about special circumstances such as unrecorded easements, judgments or court decrees is something the client provides. So a boundary survey measures the parcel described in the paperwork you give the surveyor. It is not a search of the record for easements and liens.

The ALTA/NSPS land title survey is the specialized form built for the title insurance side. The rule describes it as a survey that meets the specific needs peculiar to title insurance, so that insurers can insure title to land without exceptions as to survey matters. It is subject to the 2021 minimum detail requirements published jointly by the American Land Title Association and the National Society of Professional Surveyors, and the rule says the surveyor must discuss additional or optional requirements with the client. That is the bridge between the survey and the policy. The standard's wording implies that title insurance without such a survey can carry exceptions for survey matters. Whether your insurer will insure without them is a question for the insurer, so ask the company.

The fourth product is the mortgage inspection, and it deserves a plain warning. The state's standard says a mortgage inspection is not a type of boundary survey and does not constitute one. It involves field investigation, measurements and a graphic representation of improvements. It is intended for use by a mortgage lender or title insurer, and it is only a professional opinion of the relationship of the improvements to the deed lines and of the existence, location and type of building, to help judge the property's suitability as collateral. The rule says it is not an opinion as to deed, title or platted lines, and that it is not to be used in boundary disputes, legal actions between landowners or construction. No monuments are set and no new legal descriptions can be created from it. The drawing has to carry the title "Mortgage Inspection, This Does Not Constitute a Boundary Survey," and the word "survey" may not appear in the title of the drawing. If the evidence suggests the improvements sit on or very near the apparent deed lines, the surveyor must note it and recommend a boundary survey or land title survey.

The standards also cover subdivision surveys, which matter when a seller is splitting a larger tract. The Plat Act requires an owner who divides land into two or more parts, any of them under five acres, to have it surveyed and a plat made by an Illinois registered land surveyor. It exempts, among other things, a division into parcels of five acres or more with no new streets or easements of access, and the sale of a single lot under five acres from a larger tract when a surveyor makes a survey. That second exemption does not extend to later lots from the same tract. The same Act lets counties lower the five-acre minimum, to not less than two acres. Under the standard, exterior corners of a subdivision are monumented before the plat is recorded, and interior corners are monumented before any lot is conveyed and in all cases within twelve months of the plat's recording, with an affidavit filed with the Recorder. Our guide to buying vacant land in Illinois, survey, easements and title works through what that means for a parcel that was recently split.

Bottom Line

These are three different tools. The title search reads the Recorder's file. Title insurance puts a company behind the answer for the problems the policy covers, and the owner's policy and the lender's policy protect different people. The survey puts the lines on the ground and, in the state's own words, does not research the title of record. A mortgage inspection is none of the three.

The honest limits are these. The Illinois statutes and rules cited here do not say whether any of the three is required for a particular sale of land in Rockford. They do not give a price for any of them. They do not say what a particular policy will exclude, because that depends on the commitment you receive. Those are questions for an Illinois real estate attorney, a title company and a licensed surveyor, and they are the people to hold to account for the answers.

If you are looking at land for sale in Rockford, ask three questions in order. What does the record show, and who read it. Who stands behind the title if something surfaces, the buyer's policy or only the lender's. Where are the corners, and did a licensed surveyor set them. For the wider picture of how these documents fit a land purchase, the Illinois Real Estate Guide lists every Gambino Realtors article in one place.

Here are the questions a land buyer is likely to put to the title company, the Recorder and the surveyor, with the answers the sources give.

Frequently Asked Questions

If you are looking at homes for sale in Winnebago County or just across the county line, you will meet these four chapters. Gambino Realtors has been in business since 1923 and is based in Rockford. This guide sets the four codes side by side on facts only: what each requires, which maps each cites, who administers it and where the sources are silent. It does not rank the towns and it says nothing about flood history, because the codes do not either. The text of each chapter was read in October 2026.

What The Four Codes Share

Start with the base flood. Each code defines it as the flood that has a one percent chance of being equaled or exceeded in any given year. Each adds the label "also known as the 100-year flood." That label is a way of naming a one percent yearly chance. It is not a schedule.

Each code then adds one foot of freeboard to get the flood protection elevation. Byron's definition explains why. Freeboard is an increment added "to provide a factor of safety for uncertainties in calculations, future watershed development, unknown localized conditions, wave actions and unpredictable effects such as those caused by ice or debris jams." The Roscoe, Rockton and South Beloit codes use the same one-foot figure. So the height a lowest floor must reach is the same sum in all four places. What differs is the map that supplies the base flood elevation, which the next section covers.

The permit step is also the same. Each code says no one may start development in the floodplain without a development permit. Development is defined broadly. It includes demolition, construction, reconstruction, repair, structural alteration, substantial improvement, utilities, roads, levees, walls or fences, drilling, filling, dredging, grading, excavating and paving. It leaves out routine maintenance, resurfacing roads, gardening and plowing. A fence and a load of fill both count as development under that definition.

The application asks for scaled site drawings with the property lines, the existing grades and any change from excavation or fill, the location and dimensions of buildings and additions, and the elevation of the lowest floor. It also asks for a cost estimate by a licensed engineer or architect. A signed contractor estimate may also meet that requirement. The cost figure matters again below, because a substantial improvement is measured against the building's market value. No permit is issued until the other federal, state and local permits have been obtained.

All four codes also treat the map as a starting point. Land that a survey shows to be higher than the base flood elevation, and that has not been filled since the date of the site's first flood insurance rate map, is not in the floodplain for the chapter. The reverse holds as well. Land below the base flood elevation that is hydraulically connected to a flood source is covered even when the map does not show it. The printed map is the starting point, and the code reaches past it.

The building rules switch on at the same thresholds in all four. Building protection applies to a new building, or to an alteration or addition valued at more than one thousand dollars or seventy square feet. It applies to a substantial improvement, meaning work that raises the floor area by more than twenty percent or whose cost equals or exceeds fifty percent of the building's market value, figured cumulatively. It applies to repair of a substantially damaged building, where the whole structure must comply within twenty-four months. It also applies to a manufactured home on a new site, to a recreational vehicle kept on a site more than 180 days a year, and to a repetitive loss building.

Each code gives the same three ways to comply. The first is permanent fill, with the lowest floor including the basement at or above the flood protection elevation, fill placed in layers no greater than six inches before compaction, and the fill extending at least ten feet beyond the foundation. The second is a raised building on stilts, piles, walls or a foundation open to floodwater, with the lowest floor and the equipment at or above the flood protection elevation, flood openings of one square inch per square foot of enclosed area, and the space below used solely for parking or access and never later occupied as habitable space. The third is a crawlspace with the interior grade no more than two feet below the lowest adjacent exterior grade, an interior height no more than four feet, openings, drainage, flood-resistant materials and utilities above the flood protection elevation. A nonresidential building may instead be dry floodproofed with certification by a registered professional engineer or architect.

The small-structure carve-out is identical too. A garage, shed or other minor accessory structure on a single-family lot may be permitted if it is nonhabitable, used only for vehicles and tools, anchored, built of flood-resistant materials below the base flood elevation, and fitted with a permanent opening on each wall. The value cap is less than fifteen thousand dollars in market value or replacement cost, whichever is greater, or less than 576 square feet, which is 24 feet by 24 feet. Each code adds that the lowest floor elevation should be documented and the owner advised of the flood insurance implications.

The enforcement language matches as well. A fine of not less than fifty dollars and not more than seven hundred fifty dollars per offense applies in all four, a notice of violation is recorded on the title of the property, and a stop-work order is authorized. The owner is told that the violation "may cause coverage by a standard flood insurance policy to be suspended." Rockton, Byron and South Beloit each add that the municipality applies to circuit court for an injunction after ten days' written notice.

The variance language is the last shared block. A variance needs a showing that the development cannot be located outside the floodplain, exceptional hardship, minimum relief, and no added threat or public expense. The applicant is told in writing that a variance lessening protection can raise flood insurance premium rates up to twenty-five dollars per one hundred dollars of coverage, and must acknowledge the risk in writing.

Each code closes with a disclaimer that the standard is reasonable for regulatory purposes, that larger floods may occur, and that the chapter does not imply development inside or outside the floodplain will be free from flooding or damage. Treat that as the codes' own limit on what a permit tells you.

Where The Four Codes Part Ways

The first split is the map. Roscoe and Rockton both cite the countywide flood insurance rate map of Winnebago County dated February 17, 2016. Byron is in Ogle County and cites the countywide map of Ogle County dated August 17, 2016. South Beloit cites two dates. Its code names four panels from a Winnebago County map dated September 6, 2006, and three panels from the map dated February 17, 2016. Unincorporated county land inside the city's extraterritorial jurisdiction is shown on the county map dated February 17, 2016.

The number of panels differs too. Roscoe's code names twelve panels. Rockton's names seven, numbered 129, 130, 131, 133, 134, 137 and 141. Byron's names six, numbered 0094, 0095, 0113, 0257, 0260 and 0280. South Beloit's names seven in all, spread across the two map dates. Those are lists of panels to hold against an address. Each code also counts areas of known flooding identified by the community, so the panel list is not the whole test.

The second split is which waterways the code names when it sets the floodway. Roscoe names five: the Rock River, South Kinnikinnick Creek, North Kinnikinnick Creek, McDonald Creek and Dry Run Creek. Rockton names the Rock River only. Byron names Mill Creek, Middle Creek and the Rock River. South Beloit names the Rock River and Turtle Creek. For every other floodplain the codes fall back on the best data available, and where none exists the applicant finances an engineering study. A party who disagrees with the data pays for a detailed study and submits it to FEMA and IDNR/OWR before development.

The third split is who runs the permit desk. Roscoe's code gives the job to the village engineer and Rockton's to the Village Engineer. South Beloit gives it to the city clerk. Byron's chapter assigns it to a floodplain administrator, and its permit and penalty sections speak of the development director. In each case that office keeps the base flood data and the maps for public inspection and answers citizens' questions about permit procedures.

The fourth split is who hears a variance. In all four the zoning board of appeals hears it first and makes a recommendation. In Roscoe the recommendation goes to the board of trustees. In Rockton the Village Board decides. In Byron and South Beloit it goes to the city council. The process is the same shape in each town, with a different final body.

Some rules appear in one code only, among the four as read. South Beloit's code allows a privacy fence in the floodplain on one condition. Gates must be installed so water can pass, the city decides which sides of the fence get gates, and the gates must be opened in a flood. A fence permit is still required, and the fence must meet the rest of the city code. The council added that language in Ordinance 2540 on July 20, 2020. The same ordinance repealed the old Article II "Flood Hazard Area Regulations," which is now marked "Reserved."

Byron's chapter carries a rule for critical facilities, including fire and police stations, schools, hospitals, major roads and bridges and hazardous material storage. New or substantially improved ones belong outside the floodplain. Where there is no feasible alternative, they must be raised on fill or floodproofed to the 500-year elevation, or three feet above the 100-year elevation if no 500-year elevation has been determined. South Beloit's code has a critical facilities section with the same standard.

The codes also differ in how they were adopted and how far back their text reaches. Rockton passed its chapter on September 6, 2016 as Ordinance 2016-21, and the same agenda carried a resolution to apply to participate in the National Flood Insurance Program. Byron adopted its chapter in 2010 and amended it on July 6, 2016. South Beloit's article derives from ordinances of June 5, 2006 and February 1, 2016. Roscoe's section 15-109 adopts the provisions on development of special flood hazard areas by reference and says copies are available through village offices. Rockton's online code page says it may not reflect the latest changes and tells readers to call the clerk, so ask the village or city office for the current text.

One sentence in the South Beloit code affects how you read all of this. Where the article conflicts with other ordinances, easements, covenants or deed restrictions, the more stringent controls. Do not assume the other three say the same.

Which Rulebook Reaches A Parcel Near These Towns

A parcel near Roscoe, Rockton or South Beloit may sit outside all four codes. Winnebago County's surface water management ordinance "applies to unincorporated areas of Winnebago County," and the county's Planning and Zoning page says that inside a village or municipality, the village or municipality provides the planning, zoning and subdivision service. The county adopted its ordinance on August 24, 2006. Roscoe's permit page gives a quick test: look at the tax bill. If the bill does not list the Village of Roscoe, contact Winnebago County Planning and Zoning at 815-319-4350.

The county rule matches the four codes on the height and on the building protection threshold, and it differs on other numbers. The county's flood protection elevation is also the base flood elevation plus one foot of freeboard, and its building protection also starts at more than one thousand dollars or seventy square feet. But the county's panels run from 17201C0020D to 17201C0415D of a map dated September 6, 2006, "and as may be subsequently ammended by FEMA," as the ordinance prints it. The county's shed and garage limit is less than ten thousand dollars or less than 500 square feet, against fifteen thousand dollars and 576 square feet in the four codes above. Its penalty is a petty offense with a fine of twenty-five to five hundred dollars per offense, each day a separate offense. And its variances go to the County Board, with the County Engineer as administrator.

For a property in unincorporated Winnebago County, the Winnebago County floodplain permits guide walks through that ordinance. For Byron, there is a second layer to check. Ogle County runs its own Flood Damage Prevention Ordinance, effective August 17, 2016, and requires a Special Flood Hazard Areas Development Permit from county Planning and Zoning for development in unincorporated Ogle County. Ogle County also offers a free flood map information service, with an address and parcel number, at (815) 732-1190.

The single-town guides go deeper on each code: Roscoe, Rockton, Byron and South Beloit. They cover the permit sections, the insurance rules and the lenders. Here is the short version of the insurance facts that sit behind all four codes. Flood insurance is required if the property is in a special flood hazard area and has a government-backed mortgage, and some banks require it even outside high-risk areas. Floodsmart states that policy rates "don't vary by insurance provider." Coverage begins 30 days after purchase, with no wait when the policy is bought while making, increasing, extending or renewing a mortgage.

Illinois's seller disclosure form asks three flood questions: whether the seller currently has flood hazard insurance, whether the seller is aware of flooding or recurring leakage problems in the crawl space or basement, and whether the seller is aware the property is in a floodplain. The Illinois seller disclosure report guide explains the form.

Here is where the sources are silent. None of the four codes tells you the FEMA zone of a particular address. The panels name the map sheets and the zones live on the map itself. Nothing read for this guide says whether FEMA has issued a newer map than the ones the codes cite. They record no flood history, no claim counts and no premium amounts, and nothing here compares the towns on risk. Those are questions for the maps, the lender, an insurer and the local floodplain office.

Bottom Line

The four codes agree on these numbers: one foot of freeboard, the one thousand dollar and seventy square foot trigger, the fifty percent and twenty percent substantial improvement test, and the fifteen thousand dollar and 576 square foot shed cap. They differ on the map and its date, the waterways named, who issues the permit, who hears a variance, and South Beloit's fence rule and Byron's critical facilities and watercourse rules. Land outside every village and city falls under the county ordinance, with a different shed cap and a different penalty.

So the working order is simple. Start with the tax bill, the test Roscoe's permit page suggests, to learn which government has the parcel. Pull the map that government cites and check the panel and the date. Then ask that office what a particular project needs before any work starts. Gambino Realtors can show you homes for sale in Winnebago County, and the office named in the code is the one that answers the permit question for a given parcel.

That is the whole comparison. Seven direct answers follow.

Frequently Asked Questions

The Two Military Routes IDFPR Offers

IDFPR describes two methods for an eligible service member or service member spouse. One is called military portability. The other is called the standard military expedite. The Department's FAQ adds that one method is available for eligible veterans and their spouses, and that method is the standard expedite. Submitting an application and military paperwork does not guarantee expedited review or a license. The FAQ says every document is reviewed case by case.

The names matter because the two methods ask for different things and lead to different licenses.

Who counts as a service member

Section 5-715 defines a service member as an active duty member of the United States Armed Forces or of any reserve component, the Coast Guard, or the National Guard of any state, commonwealth or territory, or the District of Columbia. A person whose active duty service concluded within the preceding 2 years before application is also covered. A spouse is a party to a marriage, civil union or registered domestic partnership. Those are the statute's words, and they are broad.

The FAQ is narrower in practice. It lists examples of applicants who do not qualify for expedited review. Traditional Guard and Reserve members who are not on full-time active duty are on that list, and the FAQ gives the example of members who complete only drill, one weekend a month and two weeks or more per year. Temporary duty orders are on the list too, and the FAQ says active duty must be 30 days or more. If your status sits near one of those lines, ask the Department's military liaison before you pay a fee.

The military liaison

Section 5-715 requires the Department to designate a military liaison. The liaison's duties include managing expedited applications so they are processed within 30 days after receipt of a completed application, and overseeing the portability licenses. IDFPR publishes one address for questions, FPR.MilitaryLicense@illinois.gov, and asks you to email it after you submit your application materials so the liaison can find your file.

Military Portability: A License Tied to the Assignment

Section 5-717 lets the Department issue a portability license to an out-of-state licensee who is a service member under official military orders to relocate to Illinois, or to an out-of-state licensee whose spouse is such a service member. The section defines its "Division" to include the Division of Real Estate, and IDFPR's portability packet lists real estate licenses on its reference sheet. You do not need to live in Illinois when you apply.

What the statute and the packet ask for

The statute lists what a complete application must prove. You are the service member or the spouse of one. You or your spouse is assigned to an Illinois duty station or will live in Illinois under relocation orders, and you can supply an official copy of those orders. Your license is in good standing and not encumbered by a disciplinary order, backed by official verification from each licensing authority where you hold a license. You were actively licensed in the same profession for at least 2 years immediately preceding the relocation. Fingerprints go to the Illinois State Police if the licensing Act calls for them. Finally, you have submitted the application and paid the nonrefundable initial application fee.

The two-year test is worded a little differently in different places. The statute says at least 2 years immediately preceding the relocation. The FAQ says actively licensed within the prior 2 years from the date of submission. Because the wording differs, confirm the test with the liaison and rely on your own licensing record.

The packet adds practical detail. PCS orders dated over 1 year ago must come with a letter signed by the commanding officer saying you or your spouse is still stationed in Illinois. You need a certification of licensure in good standing from each state where you were licensed and practiced. Payment is by check or money order payable to IDFPR, and the packet is mailed to the military liaison in Springfield. An application is valid for 3 years from the date the Department receives it.

The fees on the reference sheet

The portability reference sheet in the packet, marked DPR-R-MP 2/26, assigns each profession a code and an application fee. For real estate it lists three lines. Real Estate Broker is code 475, with a fee of 150 dollars. Real Estate Managing Broker is code 471, with a fee of 175 dollars. Real Estate Residential Leasing Agent is code 473, with a fee of 75 dollars. The sheet says all fees are nonrefundable and that the Department reserves the right to change them. Read the current sheet in the packet before you send a payment, because the packet was updated on 5/26/26 and the sheet can change again.

The limits written into the license

A portability license is valid only while the service member is on active duty, stationed in Illinois, and through the expiration date on the license. Section 5-717 sets the duration as issuance through the next renewal period for the profession. At renewal you may apply for another portability license if the orders continue, are extended, or new orders send you to duty in Illinois. The license stays subject to all statutes and rules, including renewal and continuing education requirements.

Renewal is allowed only if the service member remains on active duty and stationed in Illinois. If those conditions are not met, the license is placed in not renewed status at expiration. A renewed portability license triggers a notice to verify active-duty status at an Illinois station within 30 days, and if the Department does not receive verification in 30 days the license is canceled.

The statute states the consequence plainly. Once a portability license has expired or is not renewed, you cannot continue practicing in Illinois until you obtain licensure by examination, endorsement or reciprocity, which includes completing all pre-license education and passing the examination. That route is open to you while you hold the portability license, because Section 5-717 allows you to apply for full licensure by examination, endorsement or reciprocity at any time. If you expect to remain after the orders end, the packet itself says you must submit a new application under the full statutory requirements, with the standard application, documents and fee. Our guide on transferring a real estate license to Illinois covers the endorsement path.

Portability is not available to everyone. Section 5-717(g) makes an applicant ineligible if the license sought is subject to an interstate compact or is a real estate appraiser license, and the FAQ states that portability does not apply to veterans or their spouses.

The Standard Expedite: A Regular License, Reviewed Faster

The standard military expedite is the method IDFPR describes for active-duty members, their spouses, and veterans. It is not a shortcut around the licensing Act. The FAQ says a full application with all statutory requirements for your profession must be submitted. What changes is how quickly the Department reviews it.

What Section 5-715 asks you to show

The statute lists seven items. You must show that you are a service member or the spouse of one. You must hold a valid license in good standing for the profession from another state, commonwealth, possession, territory, the District of Columbia or a foreign jurisdiction. You must meet the standards for licensure through endorsement, reciprocity or portability. You or your spouse must be assigned to an Illinois duty station, have established legal residence in Illinois, or be about to live here within 6 months after the date of application. Fingerprints go to the Illinois State Police if the licensing agency requires them. You must submit the application and pay the fee, and the statute says fees are not refundable.

Read that list for what it says about timing. The clock the statute sets is 30 days after the Department receives all necessary documentation, including any required information from State and federal agencies. A transcript, a certification from another state or a fingerprint result that arrives late moves the start of the clock. IDFPR's own instructions warn that it can take several weeks for third-party documents to reach the Department and tell applicants to start early.

Veterans and their spouses

The FAQ says veterans whose active-duty service concluded within the preceding 2 years before application may qualify for the standard expedite, and that this includes the spouse of a veteran. Two conditions are stated. The applicant must reside in Illinois, and the proof of veteran status is a DD214 Member-4, a DD214 Service-2 or an NGB Form 22 showing separation in the prior 2 years. If the DD214 has not been issued yet, the Department says separation orders may be accepted.

Which documents count

The FAQ is specific about proof, and the list is worth reading before you gather anything. Examples of acceptable proof of service include:

• Permanent Change of Station orders to an Illinois duty station, with the PCS in the prior 6 months of the application.
• A Letter of Service signed by the Unit Commanding Officer naming the service member, the Illinois duty station, the assignment date and current standing, plus the spouse's name on a spouse application.
• A proof of service letter from the service member's electronic personnel portal.
• A certified DD1172 verifying marital status, when a spouse application is supported by a document that does not name the spouse.
• A DD214 Member-4 or Service-2 for a veteran separated in the prior 2 years.

The FAQ also lists documents it says are not acceptable. These include a military ID, a Leave and Earnings Statement, an Officer Record Brief, temporary duty orders, enlistment or reenlistment documents, a DD214 Member-1 short form, a DD215 correction request, and Department of Veterans Affairs award letters or proof of service letters.

If You Already Hold an Illinois License

Everything above concerns getting a license. The Real Estate License Act also contains provisions for people who already hold one and then go on active duty. These sit in the Act itself, so they are separate from the IDFPR military programs.

A license that lapsed during service

Section 5-50(d) covers a license that expired while the licensee was on active duty with the Armed Forces, called into service or training by the state militia, or engaged in training or education under United States supervision preliminary to induction into military service. That licensee may have the license renewed, reinstated or restored without paying lapsed renewal fees and without completing the continuing education for that licensure period. One deadline applies. Within 2 years after the service, training or education ends, the licensee must furnish the Department with satisfactory evidence of the service and of its termination under honorable conditions.

Compare that with the ordinary rules in Section 5-50(c). A license that has been expired for up to 2 years can be renewed with fees and continuing education. One expired for more than 2 years but less than 5 may be restored by applying, paying the fee, completing the continuing education for the most recent term, and filing acceptable proof of fitness. Past 5 years, the person must meet the requirements for a new license. The 2-year window for furnishing evidence still applies, so keep your discharge or separation paperwork where you can find it.

Continuing education during service

Section 5-70 requires a broker to complete 12 hours of continuing education during each license term, including a core curriculum of 6 hours with at least 2 hours of fair housing. The same section lists exceptions. Brokers and managing brokers who, during the current term of licensure, serve in the armed services of the United States are exempt from the continuing education requirement. The statute does not say what the exemption does for renewal fees, so ask IDFPR if that question matters to you. Our guide to the 12 continuing education hours explains the course structure for everyone else.

Moving away and coming back

Section 5-715(c-5) speaks to a service member or spouse who relocates out of Illinois. The person is to be given the opportunity to place the license in inactive status through the military liaison. If the person returns, reactivation is to be expedited and completed within 30 days after the Department receives a completed reactivation application. The reactivation needs the license on which the first Illinois license was based to still be valid and in good standing elsewhere. The statute says this ability does not apply to a military portability license. For the standard inactive-license process, see our guide to reactivating an inactive Illinois broker license.

Starting From Zero: What the Rules Say About a First License

A new applicant has the hardest question to answer, so it deserves a direct reading. The FAQ lists examination applicants who apply for a new license through the testing provider, Continental Testing Services, as people who do not qualify for expedited review. Business and agency applications are also on that list. Section 5-715 also asks the applicant to show a valid license in good standing from another jurisdiction. If you are a veteran or a military spouse with no license and no exam yet, the sources do not promise you a faster review of the exam application.

What the rules do give you is the same path every Illinois broker applicant follows, under Section 5-27. You must be at least 18, be of good moral character, hold a high school diploma or a State of Illinois High School Diploma, complete 75 hours of instruction in approved real estate courses, pass the written examination, and submit an application with the fees. Section 5-35 adds two clocks. Approved pre-license education is valid for 2 years after you finish it, and exam credit ends if you do not complete your application within one year after the passing score.

Credit for military training and experience

Section 5-715(d) says that relevant experience in the discharge of official duties, including full-time and part-time experience, is credited toward any years of practice that a licensing Act requires. It also says relevant training provided by the military and completed by a service member is credited as meeting a training or education requirement, provided the Department determines that the training meets the requirements under the applicable Act and is not otherwise contrary to another licensure requirement. The decision belongs to the Department. This guide cannot tell you that a given military course counts toward the 75 hours, and the sources it relies on do not say so. If you have training you believe is relevant, put it in writing to the military liaison and ask.

The spouse reimbursement

There is one money provision outside the Department's own fees. An IDFPR flyer states that spouses of active service members in the Army, Marine Corps, Navy, Air Force and Coast Guard can be reimbursed up to one thousand dollars for a professional license required when moving to a new state for a military relocation, and it says this includes exam and registration fees. The flyer lists the documents to submit, which are a copy of the PCS travel orders, the spouse's previous state license or certification, the new license or certification, proof of fee payment and a copy of the marriage certificate. It adds that eligible spouses may apply only after they receive the new license. Section 5-715 points the liaison to the same federal program through Section 556 of Public Law 115-91. The flyer points to the websites of the Army, Marine Corps, Navy, Air Force and Coast Guard for more on the reimbursement process.

After the license

Getting licensed is the start, because Section 5-27 says no applicant may engage in any activity covered by the Act until a valid sponsorship has been registered with the Department. A broker licensee works under a sponsoring broker. Gambino Realtors has been in business in Rockford since 1923, and for new agents it provides a personal business coach, weekly classes, sales meetings twice a month, a mentor who goes along on first appointments, and leads brought to agents.

What the Numbers Say About Real Estate Applicants

IDFPR's 2024 report on expedited licensure review includes a table of how many people the military liaison program assisted, by profession. For 2024 it lists 47 people for Real Estate Broker, 3 for Real Estate Managing Broker, 4 for Real Estate Residential Leasing Agent, and 1 for Real Estate Student Residential Leasing Agent. Across all professions the Department assisted 1,172 people in 2024. These are counts of people assisted by the liaison program. They are not counts of licenses issued, and the report does not give approval rates or processing times. They are not a forecast of how your application will go.

Bottom Line

Match your situation to the right rule before you spend money. If you hold a license in good standing elsewhere and have military orders to Illinois, the portability license and the standard expedite are the two routes to read first, and the fees for each real estate license are on the reference sheet. If you are a veteran separated within the last 2 years, the standard expedite is the method IDFPR describes for you, and you must live in Illinois. If you already hold an Illinois license and are called to duty, Sections 5-50(d) and 5-70 are the provisions to read, and the 2-year window to furnish evidence is the date to protect. If you have no license at all, the 30-day review does not apply to the exam, and the ordinary path in Section 5-27 is your path.

Whichever applies, email the military liaison with your documents in hand, and keep copies of every order and discharge document. When the license is in your hands, our guide on how to choose your first brokerage is where to go next, and the full Illinois real estate guide lists everything else in this series. For the basic steps behind every Illinois broker license, see how to get your Illinois real estate license.

Those are the rules as the sources state them. Here are the questions that come up when a service member, veteran or spouse starts to plan an application.

Frequently Asked Questions

What Counts As A Split, And Which Rules Apply

Start with the map line, because it decides who answers your questions. The county's Planning and Zoning page says its staff provide "planning, zoning and subdivision services" for unincorporated Winnebago County, from large subdivisions down to garden sheds and fences. It then says that if the property sits inside a village or municipality, the governing village or municipality provides the planning, zoning and subdivision service instead. Chapter 90 of the county code, the Unified Development Ordinance, says the same thing from the other direction. It applies to all development, public or private, in unincorporated Winnebago County.

There is one wrinkle in that sentence. The ordinance also covers land that has an annexation agreement with a municipality more than 1.5 miles away. The county board can hand that land to the municipality, but only if the annexing municipality asks and a majority of the board votes yes. So a parcel with a mailing address in a village is not automatically under village rules, and a parcel with an annexation agreement is not automatically under the county's either. Planning and Zoning at (815) 319-4350 is the office that can tell you which side of the line a given parcel falls on.

Once you know the county is the right authority, the next question is whether what you are planning counts as a subdivision at all. The ordinance defines Subdivision as the initial division of a parcel into two or more parts, any of which is less than five acres, for the purpose of ownership, transfer or building development. It adds a second test. If a new street is involved, any division of a parcel counts, whatever the sizes. Read the purposes in that definition carefully. A split made so that one piece can be owned separately, transferred or built on is covered. The word "initial" matters too, because the ordinance has a separate definition for re-dividing lots in an already recorded plat, which it calls a replat or resubdivision.

The ordinance also splits subdivisions into minor and major. A minor subdivision is fewer than five lots, all fronting on an existing, improved street or road, with no new street, road or easement of access. It also may not hurt the development of the rest of the parcel or of neighboring parcels. A major subdivision is five or more lots fronting on an existing or proposed right-of-way. For everything else in that article, the same steps are written for subdividers generally, so do not assume "minor" means "skip the process."

The state layer: the Plats Act

Illinois law is the floor under all of this. The Plats Act says that when an owner subdivides land into two or more parts, any of which is under 5 acres, the owner must have the land surveyed and a subdivision plat made by an Illinois registered land surveyor. The plat has to show public streets, alleys, utility ways and public grounds, and every lot or parcel, numbered and dimensioned. A study of the land's elevations and of any change to surface water flow goes in with the plat.

The Act then lists the divisions that do not need a plat. Two of them are the ones people reach for first. A division into parcels of 5 acres or more with no new streets or easements of access is outside the Act. So is a division of a lot or block of under one acre inside an already recorded subdivision, again with no new streets or easements of access. A sale or exchange between owners of adjoining, contiguous land is also outside it, and so is a conveyance made to correct a description in an earlier deed.

One exemption deserves a careful read because it is narrow. The Act lets an owner sell a single lot of under 5 acres from a larger tract when a survey is made by an Illinois registered land surveyor. And the statute says in the same sentence that the exemption does not invalidate any local requirements applicable to the subdivision of land. That clause is the doorway to the county's boundary map rule, covered below.

Two more sentences from the Act matter here. Counties may set the acreage minimum lower than 5 acres, though not lower than 2, or add to the Act's requirements, when a surveyor's plat is made and recorded. And if a surveyor does make a plat of a parcel that was otherwise exempt, that plat has to be recorded. The county's published definition uses the same 5 acres as the state, so the figure is not a county invention. The county's added steps come from the rest of Article 5.

Farm districts and the farm-use clause

The county's AG, A-1 and A-2 farm districts matter here because rural parcels are zoned into them. The bulk table gives the minimum lot area for agriculture as "None, but subject to State Plat Act as well as any applicable septic and well regulations." For a single-family dwelling the table sends you to Section 7.7.2, and for all other uses it sets 25,000 square feet unless the use table says otherwise. In other words, there is no acreage floor for a farm parcel, but the Plats Act, septic rules and well rules still apply.

The house count in those districts is a separate system. Section 7.7.2 allows one single-family dwelling on an entire vacant, undivided quarter-quarter section, and it describes extra-house routes that each have their own tests. One of those routes requires that the dwelling sit on a new zoning lot "created via a State Plat Act exception." That is the point where the two sets of rules meet. A split that is legal under the Plats Act is not by that fact enough to get a second house approved, because the zoning tests still apply. The county's quarter-quarter rule, the 1,320-foot feedlot distance and the 1982 lot-of-record dates are explained in the acreage zoning, well and septic guide, so this article does not repeat them.

Last, the ordinance has a farm-use clause in Section 1.10. It says the ordinance is not to be used to impose regulations or require permits for land used for agricultural purposes, or for farm structures on that land, except that farm structures may have to meet yard or setback lines and may be inspected by the Building Department. That clause speaks about how land is used and what farm buildings need. The text does not say it waives the subdivision procedure, so do not assume it does. Put the question to Planning and Zoning in writing before you treat a farm parcel as outside Article 5.

Boundary Map Or Subdivision Plat, Step By Step

The ordinance gives two paths for dividing land. Which one applies depends on how many parts you are making and whether anything new, such as a street, is involved.

The boundary map: two parts

Section 5.5.2 covers a parcel divided into two parts, either of which may be less than five acres, for ownership, transfer or building development. The owner authorizes a professional land surveyor licensed in Illinois to prepare a boundary map. The County Recorder records it. It must carry the signatures of the County Clerk, the Director of Environmental Health and the Plat Officer, and it is drawn on Mylar, tracing cloth or tracing paper that is 8 1/2 inches wide by 14 inches long. The ordinance states plainly that no boundary map is valid until the Plat Officer has signed it.

The County Clerk's certificate on a boundary map is worth reading before you buy a parcel that came from one. The Clerk certifies that there are no delinquent general taxes, no unpaid current general taxes, and no delinquent or unpaid current special assessments against the land described. So a taxes-paid check is built into the signature. If the land carries a tax or assessment problem, the Clerk's line on that map is the place it surfaces.

There is also a ceiling. After the Plat Officer has signed two boundary maps dividing a tract that was in single ownership at the time the chapter was passed, the Plat Officer will not sign another. Any further division of that land has to be recorded by a full map or plat of subdivision, and that plat must include all the parcels already divided off by the boundary maps. For a buyer, this is the reason to ask how many times a larger tract has already been divided. A third cut from the same original tract is not available on a boundary map.

The subdivision plat: three stages

For anything past that, Article 5 sets a three-stage procedure. The first stage is a preliminary conference with the Department of Planning and Economic Development, where the subdivider brings a sketch plan.

The second stage is the tentative, also called preliminary, plat. The subdivider submits it with fifteen reproductions, drawn on paper 24 inches by 36 inches at a scale of 100 feet to one inch unless the department approves otherwise. The Plat Officer sends it to the Zoning Committee with a recommendation. The tentative plat has to show:

• the boundary lines, easements, and any existing covenants or restrictions
• streets, drainage facilities and utilities on and next to the tract
• ground elevations, with contours at no more than two-foot intervals where the land slopes more than about two percent
• watercourses, marshes, areas subject to inundation, rock outcrops, wooded areas and trees one foot or more in diameter
• the results of soil, rock and groundwater tests
• a location map, plus the subdivider's proposed lots, setbacks, stormwater facilities and any draft covenants

Two items on that list carry legal weight beyond paperwork. If any part of the subdivision will not be served by a public sewer, the plat must be approved in writing by the Winnebago County Department of Public Health for the proposed sewage disposal systems. And every subdivision except a minor one must supply geodetic horizontal control values for at least two opposing corners, in the Illinois State Plane Coordinate System, NAD 1983 West Zone. A WinGIS Geodetic Control Network Reference Tie Form, signed by the licensed surveyor, goes to the Plat Officer with the plat and is recorded with the final plat.

The third stage is the final plat. It is drawn on Mylar or tracing cloth, 24 by 36 inches or 24 by 21 1/4 inches, at 100 feet to one inch or larger. It must give the plat name, which cannot duplicate a recorded plat, the location by quarter-quarter section, section, township and range, every monument set, enough survey data that the error of closure is no more than one part in 5,000, every street, lot and easement, the building setback lines, and the area of each lot. A street that is not dedicated to public use must carry the words "private road." Final approval comes from the Plat Officer, but only after the County Board has approved the plat.

Deadlines that can void an approval

The ordinance runs several clocks, and each one is written as a deadline with a consequence. A tentative plat becomes null and void if a final plat is not submitted within two years of its approval. Each final plat that is submitted and approved extends the remaining preliminary portions for four more years, provided the prior deadline was met. And once the Plat Officer has signed the final plat, it must be filed with the County Recorder within ninety days. The ordinance says failure to record the plat voids the approval.

Before recording, the subdivider either installs the required improvements or delivers a signed contract and an irrevocable letter of credit that guarantees completion within three years. The ordinance also sets iron pin monuments at block corners, boundary points and lot corners, and it requires topsoil moved during construction to be salvaged and spread back to a minimum of four inches. These requirements are built for a subdivision with streets.

Forms, copies and fees

The county posts an Application for Subdivision Plat Review on its Building and Zoning Permits page. The copy read for this guide is dated September 26, 2017, so check the county page for a newer one. It has check boxes for preliminary or tentative, final, and re-plat. It asks which municipalities lie within one and one-half miles, who the surveyor or engineer and attorney are, the proposed subdivision name, the parcel number, section, township and range, present and proposed zoning, the number of lots, whether deed restrictions are proposed, and what type of sewage disposal is planned.

The form lists what has to come with it: twelve full-size copies folded to 8 1/2 by 11 inches, plus two 11 by 17 copies of each plat page, all filed at the Planning and Zoning office at 404 Elm Street, Room 403, in Rockford. A subdivision on septic also needs two copies of a soil delineation overlay map or report. The form states that a drainage overlay must accompany plats on recording, and that the Illinois Historic Preservation Agency can review platting applications where site or federal funding is involved, with thirty days allowed for its response. It ends with a warning that incomplete applications will not be accepted.

The form prints a fee table. For a preliminary plat it lists three hundred dollars plus twenty dollars per lot or per acre, whichever is greater, with a minimum of three hundred twenty. For a final plat it lists two hundred dollars plus the same twenty, with a minimum of two hundred twenty. For a re-plat it lists one hundred fifty dollars plus twenty, with a minimum of one hundred seventy. Treat those as the form's printed figures from 2017. The ordinance itself says only that the fee is "as required by the County Board," and the county's 2019 fee-schedule ordinance, which updated several building and zoning fees, has no plat or boundary map line. The County Engineer also charges a separate plan review fee that the ordinance calls non-refundable. Ask Planning and Zoning for the current schedule before you budget.

Variations and replats

If a lot cannot meet one of the subdivision standards, the ordinance has a variation process. The County Board grants a variation when it is satisfied the change will produce a more logical and desirable result than strict compliance. The owner or developer files a written request with the Plat Officer that names the variation sought, the hardship that would result without it, and the community's interest in granting it. It then goes to the Zoning Committee for a recommendation and to the County Board for the decision.

If the land is already in a recorded plat and you want different lot lines, the ordinance says it is not necessary to vacate the old plat first. A resubdivision that follows the Article's procedure and standards automatically counts as a vacation of the earlier plat or the part of it you are changing.

What The Land Must Pass, And What Follows The Split

Soil, sewer and frontage tests

A split has to pass physical tests before it passes paperwork ones. Section 19.3 says no land may be subdivided that is unsuitable because of flooding, bad drainage, adverse earth or rock formation or topography, or any other feature likely to harm health, safety or welfare. Such land stays undivided until the condition is corrected. Every subdivision also has to conform to the county's 2030 Land Resource Management Plan.

The lot rules are specific. All lots meet the minimum width, depth and area. No new flag lots may be created by subdivision. There can be no left-over pieces, corners or remnants of land. Each lot needs frontage on a public street, and no lot may front on a street the County Board has designated limited access. If your plan depends on a long driveway strip reaching a back parcel, those last two sentences are the ones to read first.

Septic soils set lot size directly. Table 19-1 in Section 19.4 sorts soil types by absorption limitation. Land with slight limitation needs a minimum lot of 25,000 square feet. Moderate soils need 30,000 or 35,000 square feet depending on soil type. Restricted soils need one acre. Severe soils need one acre or more and an engineered system designed by a registered professional engineer and approved by the Department of Public Health, and the ordinance caps engineered systems at 5 percent of the lots in the subdivision. Very severe soils may be developed only with public sewer and public water. The table also sets a designated leach field area for slight soils of 7,500 square feet for a two-bedroom house, 10,000 for three bedrooms and 12,500 for four.

If the soils do not meet the table, the ordinance says the area shall not be subdivided until utility sewer or utility water is provided. The Plat Officer's recommendation to the Zoning Committee is built on this: flood damage, utilities, drainage, consistency with codes and adopted land use policies, and whether the proposal meets soil suitability and lot sizing requirements. The wells and septic guide explains the Health Department's own approvals in more depth.

Read the sewer distance rule as written. Public sanitary sewer is required for every subdivision, any part of which lies within one and one-half miles of an incorporated municipality, and for subdivisions in facility planning areas designated by the Illinois Environmental Protection Agency. A subdivision farther out that installs a combined system must build it so that it is readily available to connect to a public sewer later. The county's application form repeats the 1.5-mile rule and says the applicant may seek a variation from it.

Floodplain review

The county's Surface Water Management Ordinance adds a gate for land in or near a floodplain. It says that no zoning clearance, building permit, or plat or subdivision approval is issued for a development activity or land subdivision in a known or suspected base flood area until the administrator has approved it, and that requests for well permits and on-site waste disposal go to the administrator in writing. The details are in the floodplain permit guide. For a split, the practical point is the order of events: a parcel's flood status is checked as part of subdivision approval, not after it.

What the split does to permits and tax parcels

Article 5 ties the plat to everything that follows. The Planning and Zoning Officer is told to defer zoning permits for improvements on property until the plat for that property has been approved and recorded. The Building Official may not grant a building permit except for land with an approved and recorded plat, or for parcels that were platted or recorded as separate parcels before the Article took effect. So a new parcel with a signed map but no recorded plat is not a place to plan a permit date around.

The same section reaches the tax side. The County Clerk and the Supervisor of Assessments are instructed not to divide property for assessment or taxing purposes when it is being subdivided contrary to the county's rules or state law, until the Plat Officer and the State's Attorney have been notified and have authorized it. Ask the Supervisor of Assessments how a parcel will be divided for tax purposes before you rely on a deed alone. The article on the Recorder's records shows where to look up what was actually filed.

There is also a penalty clause. Anyone who sells, offers for sale, improves by construction of buildings, or leases for more than five years any lot or parcel before the Article's requirements are met is fined fifty dollars for each lot, block, parcel or part of it. The clause reaches sellers, builders and long-term lessors alike.

Combining parcels is a different office

Going the other direction, from two parcels to one, is not a plat matter. It runs through the Supervisor of Assessments Office, Mapping Division, using the county's Real Estate Combination Request Form, revised March 30, 2018. The form needs the signatures of the titleholders and of the planning official and addressing official of the municipality where the property sits. The staff checklist requires that previous and current year's taxes are paid in full, and it states that properties with back taxes owed cannot be combined. The parcels must be contiguous, with the same tax code and the same titleholders. A business or other non-individual owner supplies an authorization letter. The form says combinations are processed after the second installment of taxes is paid.

The ordinance has its own angle on combining. It prohibits creating a lot that does not meet the district's density and dimensional standards, with one exception: a consolidation of more than one legal nonconforming lot that produces a lot closer to the ordinance's requirements. And a single lot recorded as of October 9, 1980 that is short on width or area may still be used for a permitted use if its yards and open spaces are at least 75 percent of the minimum. Agricultural districts follow Article 7 for this instead.

Bottom Line

A split in unincorporated Winnebago County is a process with a recorded result, not a deed with a new description. If any piece will be under 5 acres, the Plats Act and the county ordinance both require a licensed surveyor's work, and the county requires its Plat Officer's signature, plus County Board approval for a subdivision plat, before the division is valid. Two parts go on a boundary map, and the county will sign only two such maps from a tract. Anything more, or anything that involves a new street, goes through a preliminary conference, a tentative plat and a final plat that must be recorded within ninety days of signing.

Before you make an offer on a piece that has been divided, ask for the recorded boundary map or plat, the parcel number of each piece, and the Health Department's septic approval where there is no sewer. Before you divide, check the soil table, the 1.5-mile sewer rule, the frontage and flag lot rules and the flood status first, because those decide whether the split can be approved at all. For parcels already listed, land for sale in Winnebago County is the place to start comparing, and Planning and Zoning at (815) 319-4350 is the office that confirms how any one of them is treated. The vacant land survey, easements and title guide covers the title side of the same purchase.

Here are a few more questions that come up when a buyer or owner is weighing a division.

Frequently Asked Questions

This guide covers county rules only. Inside a village or city, that municipality provides the planning and zoning service, and its code governs. Gambino Realtors has been in business since 1923 and is based in Rockford. The pages below explain what Chapter 90 of the county code, the Unified Development Ordinance, and the county's own forms say. They are not legal advice, and Planning and Zoning confirms how a rule applies to a given parcel.

Rezoning, Special Use and Variation: Three Different Requests

The county's Planning and Zoning page names three requests that sound alike and are not. A rezoning changes the zoning district of a parcel. A special use permit lets a parcel host a use that its district allows only under review. A variation waives one regulation because of a hardship tied to the land. Each has its own test, its own vote and its own paperwork, so the first step on any file is to work out which of the three is actually being asked for.

Rezoning, called a map amendment

The ordinance calls a rezoning a map amendment. It changes the Zoning Map for an individual parcel or a handful of parcels. A text amendment is a different thing. It changes the wording of the ordinance and affects the whole county. A map amendment can be proposed by the County Board, by the Zoning Board of Appeals or by any person, firm or corporation under state law. The county divides land into agricultural, residential, commercial and industrial districts, with several classes inside the last three. A rezoning moves a parcel from one of those classes to another.

No amendment can be made without a hearing before the Zoning Board of Appeals. After its recommendation, the board files a report with the County Board within 30 days. The County Board then votes. The ordinance spells out a simple majority of the elected members as the baseline, and the next major section explains when that changes.

Special use permit

Every zoning district lists permitted uses and special uses. A permitted use is allowed as long as the standards are met. A special use is one the county has decided may be necessary or desirable in a district but, because of its potential influence on neighboring uses, needs careful regulation of its location or operation. The Planning and Zoning page says it plainly: because of their potential effects on neighboring properties, special uses need to be carefully regulated.

In the farm districts, Table 7.1 of the ordinance marks special uses with an S. A bed and breakfast is an S in the AG and A-1 districts and a permitted use in A-2. Vacation rentals are an S in all three farm districts. So are campgrounds that are not government owned and operated. An agri-business, which the table describes as apple orchards, pumpkin patches and U-picks, is an S in AG and A-1 and permitted in A-2. A concentrated animal feeding operation is an S in AG, A-1 and A-2. A golf course is an S in AG and A-1 and permitted in A-2. If a use is blank or absent from the table, it is not permitted in that district at all, so no special use permit exists for it.

A planned unit development is processed the same way. The county page states that PUDs are granted via special use permits.

Variation

A variation is narrower than either of the other two. The Zoning Board of Appeals may vary a regulation only where it finds practical difficulties in carrying out the strict letter of the rule. The finding must be that a variation is not merely a convenience to the applicant but is necessary to relieve a demonstrable difficulty. They include a yard smaller than the district requires, a building taller than the height limit, a lot with insufficient area (never less than 60 percent of the required area), parking and landscaping waivers, fence height, a lot frontage never reduced below 33 feet, and an accessory building larger than the principal building. The county page gives two common examples: a smaller setback and a bigger accessory structure.

The three requests can coexist on one property. A buyer who wants a different district, a permit for a use that district lists as special, and a smaller side yard would be asking for all three. Each is decided on its own findings.

From Application to County Board Vote

Before you file

The county's application packet recommends a pre-application conference with Planning and Zoning staff. It warns that incomplete or incorrect applications can delay the hearing date. The packet lists what must be submitted before a hearing can be scheduled: the application form, the fee, a legal description, a site plan with project data, engineering, floor plans, building elevations, a landscape plan, sign elevations and a detailed written statement of the reason for the request. The Planning and Zoning Officer decides whether the file is complete. The ordinance says that office takes no step to process the application until every deficiency is fixed.

Two outside reviews come first. The packet says the applicant must apply to the Soil and Water Conservation District for a Zoning Letter or Natural Resource Information report, and that a request will not be scheduled for hearing unless a completed report is forthcoming. The packet also says the Illinois Department of Natural Resources and the Illinois Historic Preservation Agency review zoning, special use and variation applications, and that Illinois law allows each 30 days to respond. The applicant is responsible for contacting IDNR.

Ownership paperwork matters too. If the property is under contract for sale, the ordinance says the purchaser of the property shall be a petitioner, and the owner is encouraged to join in an active or silent role. If the property is in a land trust, the trustee is a petitioner and each beneficiary is named with an address. If the applicant is a corporation, the application lists its officers, directors and anyone holding more than 20 percent of the stock. The application also needs the permanent parcel number, a statement of the present zoning of the property and the surrounding properties, and a verification attesting to the facts.

Who gets told, and how

The ordinance sets a notice routine with three parts, and the petitioner carries each one.

• A sign on the land. Every lot in a map amendment, special use or variation is posted with a zoning poster. Planning and Zoning supplies the poster. The petitioner places it on the principal road frontage, files proof of posting, keeps it up at least 15 days before each hearing and removes it afterward.
• A newspaper notice. The hearing notice is published not less than 15 days and not more than 30 days before the hearing, in a newspaper of general circulation in the township or road district. Illinois law separately requires at least 15 days of published notice for a zoning amendment hearing. A certificate of publication goes to the Planning and Zoning Officer no less than four business days before the hearing.
• A letter to neighbors. The petitioner mails notice to all owners of record who will be affected, at minimum the owners of adjacent property, using ownership information from WinGIS. The county's packet says staff mails notice to surrounding owners about 15 days before the hearing.

Agencies are also notified, as the Planning and Zoning Officer sees fit. The ordinance lists the electric and gas companies, the fire department or protection district, the Illinois Department of Natural Resources, the Illinois Department of Transportation, JULIE, the Forest Preserve District, the Soil and Water Conservation District, any sanitary or water district, the grade school and high school superintendents, and the township assessor, highway commissioner and supervisor. It also lists every municipality within a 1.5-mile radius of the property. That last name is one reason a village near a rural parcel can have a voice in the outcome. The ordinance adds that failing to notify an agency does not invalidate an action taken. It also says the time, date and place of the hearing, the timing of the notice and the location of the property are strictly construed.

The hearing

Hearings on map amendments, special uses and variations are held at the Winnebago County Administration Building. If an affected owner asks, a hearing can be held in the township affected. That request is filed with the County Clerk at least five days before the hearing, and the extra cost goes to the requester.

The Zoning Board of Appeals has seven members appointed by the Chairman of the County Board with the consent of the County Board. They are county residents, they hold no elective office in city or county government and they live in separate congressional townships at the time of appointment. The meetings are open to the public. The ordinance says any person may appear and testify, in person or by an agent or attorney. The chairman can administer oaths, and the board keeps minutes showing each member's vote.

The applicant carries the burden. The petitioner must present clear and convincing evidence that the ordinance standards are met. The packet adds that the applicant or an authorized agent must appear and testify under oath, and that at least four copies of any handout or exhibit should be available for board members and staff. It says hearings are normally held the second Wednesday of the month and may extend to additional meetings.

The standards differ by request. For a special use, the six questions track the ordinance findings: public health, safety and welfare, the use and enjoyment of nearby property, orderly development of the surrounding land, utilities, access and drainage, traffic at entrances and exits, and conformity with the district rules.

For a special use, the ordinance says the board must find that each of the six items is met. For a variation, a majority of six items must be met. The variation items include whether the hardship comes from the shape, surroundings or topography of the specific parcel as distinguished from mere inconvenience, whether the conditions are unique to the property, and whether the request is based primarily on a desire to increase value or income potential. The board has 45 days after a special use hearing closes to make written findings. If it makes no recommendation within 45 days, the ordinance assigns a recommendation of denial.

The Zoning Committee and the County Board

After the Zoning Board of Appeals, the case goes to the Zoning Committee of the County Board, which reviews it and recommends approval, approval with conditions or denial. The packet describes the committee as meeting on the 4th Wednesday of the month. The recommendation then goes to the full County Board. As the packet describes it, the County Board takes the case up within about four weeks after the committee acts. The applicant is then notified by mail, within about a month, with a copy of the signed ordinance.

The County Board is the ultimate decision maker. It meets at 6 p.m. on the second and fourth Thursday of the month in the County Board Room on the 8th floor of the Winnebago County Courthouse, according to the county calendar. For a special use, it may affirm, modify or reverse what the Zoning Board of Appeals recommended. To approve a special use it must find that the same six criteria are met. The packet adds a practical note: an unsupportive recommendation from the Zoning Board of Appeals can affect how County Board members vote.

Fees follow the type of request. The packet shows a base fee plus a per-acre charge for a map amendment, a special use and a PUD, and a flat fee for a variation and an appeal. The applicant also pays the cost of required publication and any report. The packet says that when work starts before the required application is filed, the fees increase by 50 percent. Read the current fee schedule on the county Permits, Forms and Maps page, because the county says fees are subject to change by County Board action.

Protests, Votes and What Happens After a Decision

Legal protests and the three-quarters vote

A simple majority is the starting line for a map amendment, not the finish. A written protest that is properly filed raises the bar to three-quarters of all County Board members. The ordinance and the Illinois statute behind it name who can protest a map amendment.

• Owners of at least 20 percent of the land to be rezoned.
• Owners of land immediately touching, or directly across a street, alley or public right-of-way from, at least 20 percent of the perimeter of the land to be rezoned.
• A zoned municipality within 1.5 miles of the property, by resolution of its corporate authorities filed with the County Clerk.
• For land in an unincorporated area of a township that has a Plan Commission, the Township Board of Trustees, by written objection to the County Board within 30 days after the Zoning Board of Appeals hearing.

The county's legal protest form puts the numbers in plain terms. It describes a simple majority as 15 of 28 board members and a supermajority as 21 of 28. The form carries a 2008 date, so confirm the current board size with the County Clerk. The protest must be filed in original with the County Clerk by hand or mail, not by fax, before the County Board meeting that acts on the petition. The ordinance sets the deadline at 12:00 p.m. on the day of that meeting. A copy must go by certified mail to the applicant and the applicant's attorney, and proof of that mailing goes to Planning and Zoning or the protest is not valid. The form itself suggests that a protester may wish to consult an attorney.

One narrow exception exists. A map amendment proposed solely to correct an error the county made in a comprehensive rezoning passes by simple majority.

Who can speak without a protest

The protest route applies to amendments. The county's protest form states that legal protests have no bearing on special use permits and variations. Someone who objects to a special use or a variation should attend the hearing and state the objection on the record. The one exception for variations is a township with a Planning Commission, which can submit a written objection to the County Board within 15 days of the Zoning Board of Appeals hearing. For a variation, the vote rule is different. A variation that fails to get a favorable recommendation from the Zoning Board of Appeals passes only by a three-quarters vote of all County Board members.

The hearing is also open to anyone who wants to speak. Under the ordinance, any person may appear and testify. A neighbor does not have to own land touching the parcel to be heard.

After the vote

Several clocks start once a decision is made.

• Denial. A map amendment, special use or variation denied wholly or partly by the County Board cannot be resubmitted for one year. The ordinance allows an earlier return only on new evidence the applicant did not have at the first hearing, or changed conditions found valid. Judicial review stays available.
• Lapse. A special use permit becomes void one year after it takes effect unless a building permit has been issued and construction has begun and is being diligently pursued, a certificate of occupancy has been issued, or the site is occupied where no permit is required. A variation follows the same one-year rule. Either can be renewed once for a year if the application for renewal reaches the Zoning Board of Appeals before the year ends.
• Revocation. A special use permit is suspended automatically on a violation or a failure to meet a condition. The Zoning Board of Appeals holds a hearing within 45 days and may revoke it or order steps to ensure compliance. For a rezoned parcel, the ordinance lets the county consider rezoning to another classification on its own motion if the property is not used within one year for a purpose permitted in its new class, or if the use is discontinued for three continuous years.
• Court. Under Illinois law, a county board decision on a special use, variance or rezoning petition is subject to de novo judicial review as a legislative decision. An action seeking review must start within 90 days after the date of the decision. A lawyer is the right person for that question.

A special use permit also runs with the land. The ordinance states that a permit granted under the article stays valid when the property changes hands. That detail matters to a buyer, because the permit and its conditions come with the parcel.

Using This When You Buy or Sell Near a Request

There are two common positions, and the rules read differently from each.

If you are buying a parcel and want a use the district does not allow as of right, the ordinance gives you a seat. When a property is under contract, the purchaser must be a petitioner. That means a buyer cannot leave the application to the seller and wait. It also means the sequence of steps above, from the soil report to the County Board vote, belongs next to the dates in your purchase contract. The packet describes a monthly cycle for the Zoning Board of Appeals and the Zoning Committee, and it says hearings can extend to additional meetings. Ask Planning and Zoning at (815) 319-4350 for the current calendar before you set any date.

If you are buying near a request, the sign on the road frontage is your first notice. It carries the hearing date. WinGIS is the county map tool that the ordinance names as the source for ownership information. Our guide to Winnebago County parcel lookup walks through the county's online parcel tools. Knowing the township also matters here, because an affected owner can ask for the hearing to be held in the township and a township with a Plan Commission can object to an amendment. Our guide to finding your township and school district by address shows how to look it up.

If you are buying rural land, the district decides which uses need a permit at all. Our article on buying acreage in Winnebago County covers the quarter-quarter rule for houses, the well and septic approvals and the driveway permit. The Table 7.1 list of special uses sits next to those rules. A bed and breakfast, a vacation rental or a pumpkin patch on farm ground is a special use in some farm districts and a permitted use in another, so the district comes first.

One more point from the ordinance helps set expectations. The A-1 district says new applications are best suited within 1.5 miles of an incorporated municipality and within one-half mile of an unincorporated hamlet's growth area shown on the future land use map of the 2030 Land Resource Management Plan. The A-2 district says new applications are best suited where only agriculture is encouraged on that plan, away from platted subdivisions and residential clusters, and where all of the district's uses are compatible with adjacent properties. Those are the county's own statements of where each farm district fits. They are not a promise about any application.

Finally, a rezoning does not replace the other approvals. Site plan review is part of obtaining a zoning clearance permit, and the ordinance says no building permit is issued until the site plan is approved.

Bottom Line

A rezoning or special use permit in unincorporated Winnebago County is a public process with a fixed order. The petitioner files with Planning and Zoning, the property is posted and published, neighbors are mailed, the Zoning Board of Appeals holds a hearing, the Zoning Committee recommends and the County Board decides. A map amendment passes by simple majority unless a valid protest raises it to three-quarters of the board. Special uses and variations are decided on written findings. The legal protest route does not apply to them, though anyone can speak at the hearing. A permit lapses in a year if the work does not start, and it stays with the land. If you are weighing a parcel, read the zoning sign, check the district and call Planning and Zoning before you set dates. Then compare the homes for sale in Winnebago County against the district that governs each one. For the other county rules that sit beside this one, the Illinois Real Estate Guide lists every Gambino Realtors article.

A few short answers for anyone reading a hearing notice or planning a purchase.

Frequently Asked Questions

If you are looking at homes for sale in Byron, this is the part of the tax system that explains how an owner challenges an assessment. Gambino Realtors is a Rockford-based brokerage that has been in business since 1923. Rockford sits in Winnebago County, and Byron is in Ogle County, so everything below comes from Ogle County's own pages, its 2026 Board of Review rules, its residential complaint form and the state statutes and Property Tax Appeal Board pages that sit behind them, all read on October 13, 2026. This is a plain reading of what those documents say. It is not legal or tax advice, and the Supervisor of Assessments office at (815) 732-1150 confirms dates and forms.

Who Sets The Value, And Who Hears The Complaint

Three different offices touch a Byron assessment, and each one has a different job. The township assessor places the value. The Supervisor of Assessments office processes it. The Board of Review hears complaints about it. An appeal makes more sense once those roles are separate in your head.

The county's Supervisor of Assessments describes the assessor's job this way. Your real estate tax bill begins with the work of an elected township assessor, who places values on the property in that jurisdiction. Everything except farmland is supposed to be assessed at 33 1/3 percent of market value, and assessments are supposed to be uniform throughout a jurisdiction. The Township Assessors page adds that the assessor does not decide how much your taxes are. By placing a value on each property, the assessor distributes the overall tax burden among all the owners. The dollar amount of a bill depends on how much money each local taxing district needs.

The assessor's number then goes to the Supervisor's office, which processes it and deducts exemptions. The county's FAQ lays out the arithmetic in one sentence. A property tax bill is the assessed value multiplied by the tax rate, and any homestead exemption reduces the assessed value first. That matters for an appeal, because the Board of Review's rules say you cannot appeal on the amount of your taxes. You can appeal only on the grounds listed on the appeal form. The Board looks at the value, not at the bill.

For a Byron address the first stop is the Byron Township assessor. The county's list shows that office at 507 N. Colfax in Byron, with the phone number 815-234-4080. There is one wrinkle worth checking before you call. The County Clerk's 2025 District Rates by Tax Code report lists the City of Byron in four tax codes. One is under Byron Township, one is the same code with a TIF flag, one is under Marion Township and one is under Rockvale Township. The county's assessor list shows a separate Marion Township office with a Stillman Valley address and a separate Rockvale Township office with an Oregon address. If your parcel is in one of those townships, that is the assessor to call, so read the township off your own tax bill or parcel record first. Our guide to what is on a Byron property tax bill walks through those tax codes line by line.

The Board of Review itself is a three-person committee that the Ogle County Board appoints to hear assessment appeals. Its rules describe a wider job than appeals alone. The Board reviews assessments, can add omitted property, reviews errors that may lead to a certificate of error, reviews applications for exemptions and prepares and presents appeals to the state Property Tax Appeal Board. It may correct a parcel on an owner's application or on its own motion, and the rules promise that owners are notified in writing of any assessment change and given a chance to be heard.

Two timing details are worth knowing early. The Board's rules say it convenes on or before the first Monday of June. The county's Board of Review page says the Board meets more regularly in November, December and January of the tax year, after the filing deadline has passed. The rules also say a change the Board makes applies only to the current assessment year. An appeal is a year-by-year event.

Filing The Complaint With The Board Of Review

The deadline is the part that cannot be repaired later. The Board's rules, the county's FAQ and the state statute agree on the same number. A complaint must be filed within 30 days of the publication of the assessment list. The statute counts 30 calendar days. The residential complaint form says the clock runs from the assessment change publication list for the parcel's own township and tells owners to check the county website for publication dates. The county pages read for this article do not print a 2026 date for Ogle County, so the Supervisor's office or the county website is where that date comes from. Do not count backward from this article.

How you deliver the form matters as much as when. The county's page says appeals must be mailed with a postmark on or before the deadline or filed in person by the deadline. Faxes, emails and other electronic transmissions are not accepted. The rules agree that a mailed complaint is filed as of its postmark date. A package sent by a carrier other than the Postal Service counts on the date on the shipper's tracking label. That rule covers only items sent to the Board's office at 105 S. 5th Street, Suite 215, in Oregon, or to its post office box, P.O. Box 40, Oregon, Illinois 61061.

A separate commercial form is posted beside it. Four things on it deserve a careful read.

First, the grounds. The rules name three legitimate bases. Overvaluation means the value shown by the equalized assessed value is higher than the property's fair cash value, as evidenced by sales from 2023, 2024 and 2025. Uniformity means similar properties should be valued alike. Preferential assessments are those set under Article 10 of the Property Tax Code. On the form itself you check one or more boxes: recent sale, comparable sales, assessment equity, recent construction, contention of law or recent appraisal.

Second, the number you want. The rules print this requirement in capital letters. The assessed value you are asking for must be on the form. The form has lines for the assessor's figure, the Chief County Assessment Officer's figure and your own claim, split into land, improvements and total. It notes that the first two are available from the township assessor or the Chief County Assessment Office.

Third, who signs. The owner of record signs the appeal, and photocopied signatures are not accepted. An attorney must be licensed in Illinois and must have written authorization from an owner of record that accompanies the original complaint. A beneficial owner in a land trust files with a letter of authorization. A contract purchaser submits a copy of the purchase contract and a notarized statement from the owner. A corporation signs through an authorized employee or officer, or through its attorney.

Fourth, one form for each parcel. A separate appeal must be filed for each assessed parcel, and the form repeats that a separate appeal goes on each property identification number.

What goes in with the form matters as much as the form. The rules require a photograph of the property and whatever age and square footage information the owner has. A copy of any appraisal completed in the last three years must come along. The rules also demand that evidence of value reach the Clerk of the Board within 30 days after the appeal deadline, and an appeal without it is subject to dismissal. The rules say a filing that is blank or lacks evidence will be dismissed, and the form says a case with no evidence filed is dismissed without review.

If you bought the home on or after January 1, 2023, the rules require you to disclose the price and date of purchase. You file the PTAX-203 transfer declaration and the closing paperwork with it, and you say whether the buyer and seller were related and whether the sale was at arm's length. The form states the Board's policy plainly. When an owner supplies evidence of a recent sale of a residence and the assessor has not refuted that it was arm's length, the appeal is decided on the evidence in the record. It adds that the price of a recent arm's length sale of the property is generally the best evidence of value. If a sale price sits well above or well below the assessor's market value, the rules ask for an affidavit from someone with knowledge of the facts. That affidavit describes prior purchase proposals, amounts offered, time on the market and the reason for the sale.

An appraisal has its own rules. The Board wants appraisals that follow general industry guidelines and recognize the cost, income and sales comparison approaches. If the appraisal was commissioned for the appeal, it must say so. For rental property the Board may ask for three years of income and expense statements when no appraisal is being done.

Copies are the one place the paperwork disagrees with itself, so ask before you file. The rules call for one original and three copies of each document. The form says the form and evidence must be submitted in triplicate and asks for one more copy for each taxing district if the reduction sought is 100,000 dollars or more in assessed value. The simple fix is a phone call to the Supervisor's office before you assemble the packet.

What if the form is incomplete? The rules say incomplete forms are returned to the owner, and a returned complaint can be resubmitted as long as it still meets the filing deadline. The state statute adds a safety net. If a timely complaint does not comply with the Board's rules, the Board must identify which rules were not met and give the complainant not less than 10 business days to comply. Even so, the rules warn that failure to follow any rule can by itself be grounds for denying relief. Filing complete and early avoids the question.

Hearings, Decisions And The Property Tax Appeal Board

After the filing comes a choice that the form asks you to make up front. You can ask for an in-person hearing, or you can ask the Board to decide on the evidence you provided. If you check neither box, the Board decides on the evidence. Each owner who requests a hearing gets notice by U.S. Mail of the date and time, at least ten days before.

Meetings take place in the old courthouse at 105 S. 5th Street in Oregon, and they are open to the public. Two of the three members make a quorum. If you cannot attend in person, the rules allow an audio conference when the Board's majority approves it.

The hearing is short. The complainant is given about ten minutes to discuss the appeal and the evidence already submitted. The township assessor may attend and has ten minutes of their own. No new evidence is accepted unless every party present approves it. That is why the rules push so hard for complete evidence at filing. The hearing is not a second chance to assemble the file. An owner who asked for a hearing and does not appear can have the complaint dismissed.

An owner may be represented at the hearing by an attorney. Accountants, real estate consultants, appraisers and tax representatives who are not qualified to practice law may testify, but the rules say they may not conduct questioning or cross-examination. Taxing districts may take part as well. A taxing district with a revenue interest, or the owner, can file the Board's Request to Intervene form, and a district must attach a resolution of its governing board authorizing its attorney to file. Where a change of 100,000 dollars or more in assessed value is sought, the statute says the Board serves the petition on all the taxing districts on the last tax bill at least 14 days before the hearing. A district wishing to intervene files at least five days before the hearing.

When the hearings are done, the Board mails written findings to every appellant and intervener, and to the attorney if the owner has one. The rules say no final decision is released before then. Every Board decision is also subject to equalization by the Illinois Department of Revenue.

If the decision does not satisfy you, the next body is the Illinois Property Tax Appeal Board in Springfield. The Board of Review's rules, the state statute and the Appeal Board's own Getting Started page all give the same window. The petition must be filed within 30 days of the written notice of the Board of Review's decision, and the Appeal Board's page says an appeal will be rejected if it is late. The county's rules give the Appeal Board's address as 401 S. Spring Street, Room 402, Springfield, Illinois 62706-0002. The Appeal Board's Filing Your Appeal page says you choose between a decision on the evidence and an in-person hearing there too, and that a comparable-sales or equity basis needs data on at least three properties.

Two details in the statute are easy to miss. If you were given written notice of the Board of Review hearing at least 30 days ahead and failed to appear, the statute makes that grounds for dismissal. If the appeal is dismissed for failure to appear, the Appeal Board has no jurisdiction over a later appeal of the same complaint. The same section also says a taxpayer who is dissatisfied need not go to the Appeal Board before seeking relief in the courts. That is a legal route, and this is the point to ask an attorney, not a real estate office.

One adjacent process shares the same Board. Homestead exemptions have their own calendar. The rules set December 31 of the assessment year as the deadline to file the exemption application. If the clerk of the Board denies an application, the owner can appeal to the Board within 30 days of the written denial or by January 15 following the assessment year, whichever is later. The exemption types the rules list are General Homestead, Senior Citizen, Senior Citizen Low-Income Assessment Freeze, Home Improvement, Disabled Person, Disabled Veteran's, Returning Veteran's and Natural Disaster. The Supervisor's office handles forms and eligibility questions.

Here is how the pieces fit in a single case. Picture an owner of a Byron house who received a notice of a higher assessed value, believes the number is above what the house would sell for, and bought it in 2024. That owner calls the township assessor, gets an explanation, and still disagrees. The owner then fills in the complaint form with the requested assessed value, checks the recent sale box, attaches the PTAX-203 and the closing statement with a photo and the property details, and mails it so the postmark falls inside the 30 days. The Board decides on the evidence or at a ten-minute hearing and mails its findings. If it does not change the number to the owner's satisfaction, the owner has 30 days from that notice to take the same facts to Springfield.

Bottom Line

File a complete Residential Complaint form with the Board of Review within 30 days of the assessment list's publication, with the requested assessed value on it and the evidence behind it. Mail it with a postmark inside the window or deliver it in person. Faxes and emails do not count. Talk to the township assessor, but do not wait on that conversation, because the filing window does not move for it.

Keep the order straight. The township assessor places the value. The Supervisor of Assessments processes it. The Board of Review hears the complaint. The Illinois Property Tax Appeal Board takes the next step, and it has its own 30 days. If you are comparing homes for sale in Byron, remember that the assessment is a number the owner can challenge, and the county's pages explain how. For how the same appeal works in Winnebago County, where Gambino is based, see our guide to Winnebago County assessment appeals. Our Illinois real estate guide lists every Gambino Realtors article in one place.

The short answers below pull the key rules from the sections above into one place.

Frequently Asked Questions

If you are looking at homes for sale in Byron or at land around it, this is the county side of the picture. Gambino Realtors is based in Rockford and has been in business since 1923. Everything below comes from pages and forms the county itself publishes on its Planning and Zoning site, read on October 13, 2026. This is not legal advice, and only the department can tell you how a rule applies to a specific parcel.

Which office issues the permit, and what the county's certificate covers

The county's FAQ page draws the first line plainly. The Planning and Zoning Department's jurisdiction is the unincorporated area of Ogle County, and it "does not include areas that are within the boundaries of incorporated cities and villages." Byron and Stillman Valley both appear in the communities list on the county's home page. A project inside either one goes to that city or village for its permit requirements. A project outside them goes to the county.

That is why the first question about any parcel is not what you want to build. It is where the parcel sits relative to the corporate limits. The City of Byron publishes a map of its corporate limits on its own website, and our guide to moving to Byron explains how the city's utilities work inside that line. Outside it, the county's rules take over.

The county's FAQ says a Zoning Certificate must be obtained before beginning new construction, and it lists what that includes:

• Decks, patios, sheds, gazebos, garages, storage buildings and other accessory structures.
• Dwellings, and commercial and industrial buildings and their accessory buildings.
• Additions to any building or structure, including an addition to a deck or a garage.

A shed does not escape the rule by sitting on skids. The county says a building on skids is still an erected structure and still needs a certificate. A swimming pool needs one at a design capacity of 5,000 gallons or more, according to the FAQ. The pool application quotes the ordinance as "more than 5,000 gallons," so a pool right at that number is a question for the department, not for a guess.

Some work is outside the certificate. The FAQ says a permit is generally not required for a re-roof, a window replacement, siding replacement or similar maintenance, and it adds that if you are in doubt you should contact the department. Fences are a separate case. The county zoning ordinance has no fence regulations, so a fence does not need a Zoning Certificate. The two exceptions are a fence in a floodplain, where a Floodplain Development Permit applies to a designated floodway or an unmarked A zone, and a fence at a road or street intersection, where nothing may block vision between two and eight feet above grade inside a triangle measured 40 feet back from the corner. The county says it "advocates a good neighbor fence policy," which is a request and not a rule.

Signs are covered too. The FAQ says most signs on private property need a sign permit, which is also a Zoning Certificate, and Division 8 of the zoning ordinance sets separate sign rules for agricultural, residential, commercial and industrial uses.

The cost side is short, and it is worth reading from the county's own sheet. For zoning certificates the fee schedule lists a dwelling at two hundred dollars per dwelling unit, an addition to a dwelling at one hundred, a private garage over 216 square feet at seventy-five, a shed under 216 square feet, a deck or a patio at fifty, a private swimming pool at seventy-five, a home occupation at twenty-five and a change in use at fifty. The sheet's amendment list runs through September 19, 2017, and the county's fee page is headed "Fee Structure 2025," so call the office before you budget around any single figure.

Processing is quick on paper. The county asks you to allow "a day or two" for an application. The office is at 911 Pines Road in Oregon, the phone is 815-732-1190, and it is open Monday through Friday from 8:30 in the morning to 4:30 in the afternoon.

What the zoning rules actually measure

The county enforces zoning, so the rules on the forms are about where a structure sits, how big it is and what the land is zoned for. They are not construction standards. The county's Abbreviated Schedule of Zoning Regulations for New Construction lays out the district rules for new construction in one table.

The schedule lists these districts, each with its own required lot area and lot width:

• AG-1 Agricultural: 40 acres and 300 feet of width, with 25 foot side yards and a 50 foot rear yard.
• IA Intermediate Agricultural: 10 acres and 500 feet, a 35 foot principal building height limit and 10 percent lot coverage.
• R-1 Rural Residential: 5 acres and 300 feet, a 35 foot principal building height limit and 10 percent lot coverage.
• R-2 Single-Family Residential: 1 acre and 130 feet, a 35 foot principal building height limit, a 30 foot rear yard and 30 percent lot coverage.
• R-3 Mobile Home Subdivision: 1 acre and 130 feet, a 24 foot principal building height limit and 25 percent lot coverage.
• B-1 and B-2 Business, B-3 Restricted Interstate Highway Area Business and I-1 Industrial: 1 acre and 100 feet of width, with a 25 foot rear yard for B-1 and B-2.

Two footnotes matter to a buyer. The first is that the R-2 and R-3 lot size "may be reduced with the provision of public services (public/community sewer and/or water)," so a one acre minimum is the starting point for land that relies on a well and a septic system. The second is the front yard rule, which depends on the road. The schedule asks for at least 60 feet from the right-of-way of a county highway, 80 feet from a federal or state highway, and 40 feet from a township road or other road or street, all measured from the right-of-way line and not from the pavement.

Accessory buildings have their own height table on the county's accessory building application. The limit depends on the size of the lot:

• A lot up to 1.5 acres allows a 12 foot sidewall and a 24 foot building height.
• A lot over 1.5 and under 3 acres allows a 14 foot sidewall and a 26 foot building height.
• A lot of 3 acres or more allows a 16 foot sidewall and a 28 foot building height.

The same form says no accessory building shall have more than one story, and it defines height as the vertical distance from grade to the highest point of the roof on any exterior wall facing a frontage. It also asks whether a floor drain will be installed. If the answer is yes, the form sends you to the Health Department at 815-562-6976, extension 301. A pole barn with a floor drain is therefore a zoning question and a health question at once.

Two further rules shape what a buyer can do with a parcel after closing. The first is the dwelling unit limit. The county's FAQ says the ordinance generally limits a lot to one dwelling unit, regardless of the size of the lot, with some limited exceptions. A dwelling unit includes complete kitchen facilities, so the FAQ states that a small apartment in a basement or in an accessory building would be a second dwelling unit and a violation. The second is the home occupation. The county allows certain businesses at a residence as a home occupation approved by the Zoning Administrator, and its application lists the performance terms. The occupation can use no more than 30 percent of the gross floor area, the entrance has to be from inside the dwelling, a sign can be no larger than three square feet, and materials have to be enclosed in the dwelling or an accessory building. A business that does not fit those terms can apply for a Special Use, which needs a public hearing.

The county also publishes a path for land that is part of a farm. Its "Separating an Existing Dwelling" page lets an owner split off a house from a farm when the house is on AG-1 land and was built before March 24, 1992. The new parcel has to be at least one acre with 150 feet of road frontage, or have an access strip at least 20 feet wide if the house sits 300 feet or more from the road. The well and the whole septic system, not only the tank, must lie inside the new parcel and meet the Health Department's setbacks, and the plat of survey has to be approved by the Zoning Administrator before it is recorded or the parcel is sold.

Building a house with no county building code

The county says it plainly on its own forms. Ogle County "has not adopted and does not enforce a residential building code or energy efficient building standards," and so it "does not conduct building inspections." The inspections the county does run, typically three, are described in its FAQ as "not building inspections." They check zoning, and in a floodplain they check the Flood Damage Prevention Ordinance.

That does not mean no rules apply. The county's acknowledgment form, updated for 2025, cites the Illinois Residential Building Code Act. In a county with no building code, a newly built one or two family home follows a code the builder and the buyer agree on, if it is a code used by a municipality within 100 miles of the site. They are the Illinois Department of Public Health plumbing code, the National Electric Code and the International Residential Code. A builder who builds a home for resale must certify to the buyer that it meets those three. The owner and the contractor both sign the acknowledgment. Because the county does not conduct building inspections, the builder's certification and the contract are the documents that speak to construction.

Commercial buildings have their own state rule, which the county's FAQ cites as Public Act 096-0704. No one may occupy a newly constructed commercial building in a jurisdiction without a building code until the owner has contracted for an inspection by a qualified inspector and the inspector has filed a certification. The FAQ defines a commercial building as anything other than a single-family home, a dwelling with two or fewer apartments, condominiums or townhomes, or a farm building.

The dwelling application itself is the best map of what a rural build involves, because each question is something that has to be settled before the certificate issues. It asks for a scaled site plan showing the lot lines, existing wells, septic tank and seepage field lines, easements and road right-of-way, and then the proposed house, well, septic system, driveway and culvert, with the distance from the center of the culvert to the nearest property line. It asks for a floor plan, the living area, the height and the estimated completion cost. It asks for a copy of the septic installation permit from the Ogle County Health Department and a copy of the approved entrance or culvert permit from the township, the county or the state. It asks whether the heating and cooling system is a heat pump or geothermal.

Two questions on the form are about nearby land uses. One asks whether the dwelling will sit within 1,000 feet of an active quarry, and a yes needs an affidavit under Section 6.23 of the ordinance. The other asks whether it will sit within one-quarter mile, or 1,320 feet, of an active livestock management facility, measured from the nearest pen or enclosure. The county also asks new-dwelling applicants to attach a form called Realities of Rural Living. It says the county's predominant land use is agriculture, that normal farming practices are not nuisances under the Illinois Farm Nuisance Suit Act, and that homes in rural Ogle County typically do not have public water or sanitary sewer, so private wells and septic systems need ongoing maintenance. The form is dated January 1999, so read it as a statement of the county's position and not as a current survey.

Two impact fees show up on the same form, and both are tied to a parcel's history. For dwellings on parcels created after January 1, 2000 in the Meridian, Oregon and Byron school districts, a school impact fee is paid to the Regional Office of Education, and the receipt has to be attached. The county's fee sheet prices it by bedroom count at five hundred twenty-six dollars for a two bedroom home, two thousand fifty-two for three, three thousand four hundred sixty-four for four, and two thousand seven hundred two for five. The sheet prints no date, and it says any room with a closet is counted as a bedroom. The parcel creation date comes from the Ogle County Assessor's office using the ten digit tax identification number. For dwellings in subdivisions platted after October 15, 2002 in the Stillman Fire Protection District, the form asks for a fire protection district impact fee receipt as well.

After the build, the sequence is stakeout, footings and a final inspection that produces an Occupancy Certificate. You call the department at least 24 hours ahead. The stakeout needs the property lines and survey pins clearly marked, and the county states that locating them is the applicant's responsibility. The Occupancy Certificate checklist for a dwelling is specific. The outside has to be finished, including siding, trim, decks and porches. The Health Department's final septic inspection has to be on file, with the same number of bedrooms as on the septic permit. The applicant contacts the Illinois Department of Public Health's environmental health inspector for the state plumbing inspection. Water, electricity and HVAC have to be installed and operating, and the inside has to be substantially finished. Any deck, porch, utility shed or pool added later needs its own certificate.

When a plan does not fit, and how to read a parcel before you offer

The county has a formal route for projects that do not meet the schedule. The Zoning Board of Appeals is a five member citizen board. Its guide lists four things it hears: a change in zoning classification, a special use, a variation and an appeal of a decision by the Zoning Administrator. On a variation or an appeal the board makes the final decision. On the others it recommends to the County Board. The guide is clear about the burden. The applicant must prove the case meets every standard, and the standard for a variation looks for hardship from the particular physical surroundings, shape or topography of the property, as distinguished from a mere inconvenience, and not from a desire for a higher financial return. The guide adds that the hardship cannot have been created by a person presently having an interest in the property.

The fee schedule gives the entry costs. A variation is three hundred dollars and an amendment or special use is five hundred, each plus the actual cost of publication, the court reporter and the certified mail to adjoining owners. A variation needed to correct a violation is three hundred fifty. A variation of 10 percent or less under Section 9.06 D(3) is one hundred dollars, or two hundred when it corrects a violation. The county's hearing page recommends a pre-application conference with the Planning and Zoning Administrator before filing anything that needs a hearing.

Enforcement is graduated, according to the county's Complaints and Enforcement page. A violation starts with written notice, or verbal notice if it is minor and easily fixed, to educate the owner and obtain voluntary compliance. If that fails, a firmer written notice and an order of compliance follow. If the matter is still unresolved, the department can file an ordinance violation suit in the Ogle County Code Hearing Unit, or the State's Attorney's Civil Division can file in Circuit Court. For a buyer, an unpermitted shed, deck or pool on a parcel is therefore a question to put to the department and the seller before closing, because the Zoning Certificate and Occupancy Certificate are the paper that answers it.

The county's FAQ also draws a line around what it does not do. Subdivision covenants and deed restrictions are private agreements that the county does not enforce, so it tells owners to obtain the covenants, the recorded deed and any homeowner's association rules before adding a shed or fence. It has no ordinance requiring lawns to be mowed. It keeps files for subdivisions in the unincorporated area, and the Recorder holds subdivision plats and plats of survey. The county adds that, in its words, "often, plats of survey are completed but not recorded."

To read a parcel yourself, the county posts a zoning district map for the whole county and one for each of its 24 political townships, Byron Township among them. It also describes a step by step lookup in its GIS property search. You enter the 10 digit tax identification number without dashes, or an address number, open the map tab, turn on the zoning layer and read the color against the legend. The floodplain layer is separate, and it only shows when the zoning layer is turned off. The county notes that if you need something in writing, you can send the parcel number or address to the Zoning office. Flood questions for Rock River frontage are covered in our guide to Byron flood zones, and the tax side of the same parcels is in the guides to Byron property taxes and Stillman Valley property taxes.

Wells and septic systems sit with a different office. The Ogle County Health Department permits new septic installations and repairs and inspects the system on site before it is covered. It also issues construction permits for new wells. It says septic tanks should be pumped every three to five years depending on use. A well and septic evaluation for a sale is not required by the Health Department, but, in its words, "may be required by lending agencies or in real-estate contracts."

Bottom line

Outside the city of Byron and the village of Stillman Valley, the county permits what you build with a Zoning Certificate, and the certificate answers one question: does this structure meet the zoning rules for where it sits. It does not answer whether the structure is sound. There is no county building code and no county building inspection, so the builder's certification and the contract are what speak to construction, and the Health Department permits and inspects the well and septic.

Before you make an offer on a county parcel, find out the zoning district, the road it fronts on, whether it is in a floodplain, whether the shed, deck or pool has a certificate, and whether a well and septic permit and a final inspection are on file. The Planning and Zoning Department at 815-732-1190 handles the zoning, road setback and certificate questions, and the Ogle County Health Department handles the well and septic permit and final inspection. If you are weighing homes for sale in Byron, ask the same questions about any parcel that turns out to be outside the city limits.

The county's own pages answer a handful of questions directly. Here they are in short form, each tied to what the county says.

Frequently Asked Questions

If you are looking at homes for sale in Boone County outside those limits, this guide walks through what each handout says, which inspections follow, and which other offices sign off before the county releases a permit. Gambino Realtors is Rockford-based and has been in business since 1923. Every fact below comes from the county's own building, planning and health department pages or from the county's Unified Development Ordinance. Where those sources disagree or say nothing, the guide says so.

Which Office Answers For An Unincorporated Address

The county's Building and Zoning page describes the department as the Building Department for unincorporated Boone County. It is open Monday through Friday from 8:00 a.m. to 4:30 p.m. in Suite 101, and the phone number is 815.544.6176. That split matters. A single backyard project can involve all three offices.

Applications go through an online system called CloudPermit. The county says the applicant is told after review whether the application complied, that missing information can delay processing, and that a permit is released once the review is approved and payment has been received. The page also carries a short warning. If the online system rejects your address, the property "may not be located within our jurisdiction." That is the county's own hint that the home may sit inside a city or village, and each of those has its own building office.

The county posts phone numbers for those offices on its Other Local Building Departments page. The City of Belvidere is 815-547-7177. Capron Village Hall is 815-569-2351. The Village of Caledonia is 815-670-7788. The Village of Poplar Grove is 815-765-3201. The Candlewick Building Department is 815-399-0500. For the Village of Timberlane, the county page tells you to refer to the village's website. Our guide to Belvidere permits for fences, sheds, pools and decks covers the city side of that line.

The building page also lists the codes the county has adopted. They are the 2021 International Building Code, the 2021 International Residential Code, the 2021 International Mechanical Code, the 2021 International Fuel Gas Code, the 2024 Illinois Energy Conservation Code, the 2020 National Electrical Code and the 2014 Illinois Plumbing Code. Each entry links to local amendments. The department's staff list names a senior building inspector, a zoning inspector, an electrical inspector, a planning and zoning technician and a plumbing inspector.

The first is zoning. The Health Department's septic page tells applicants to check with the Planning Department before starting any septic, well, building or zoning certificate process, because "The building permit cannot be issued without proper zoning." The second is the Health Department's site plan approval. The building page says "Most structures require a site plan approval from the Health Department prior to us releasing the permit" and gives 815-544-2951 as the number. The deck, pool and accessory structure handouts each list Health Department approval among the required items. The basement handout lists it "for bedroom addition only."

One more layer applies to some addresses. The building page says that if the property is inside a subdivision, additional approvals or permits may be required, and it sends you to your association. The county does not describe what an association might require. That answer sits with the association, not the county.

What Needs A Permit, Project By Project

The county's Building Permit Requirements page holds a Document Center with four categories: decks and porches, finished basements, swimming pools and hot tubs, and accessory structures and detached garages. Each handout opens with the same caution. It "serves only as a guide and does not contain all of the requirements of Boone County Building Codes." None of the four prints a date. Treat them as the starting list, then confirm the current version with the department.

Decks, porches and piers. The deck handout is the broadest of the four. It says building permits are required for all decks, porches and piers within unincorporated Boone County, with no size threshold. The application needs a site plan showing the deck's size, its distance to lot lines, the well and septic locations and every existing building. It also needs drawings with the depth and location of footings and posts, the size and span of joists, posts, beams and headers, the grade and species of lumber and the height above finished grade. The handout sets a live load of 40 pounds per square foot. Footings on a deck attached to the dwelling must reach at least 42 inches below grade, and footings on an unattached deck at least 36 inches. Structural lumber must be treated and fasteners must be non-corrosive.

Two of the handout's rules carry their reasons on the page. Flashing is required at every connection between the deck and the dwelling "to prevent water from entering the exterior wall envelope." And a deck on an exterior wall must be anchored to the house with a ledger board and lag bolts, which means the siding has to be removed. The handout says attachment may not rely on toenails or nails subject to withdrawal. Three inspections follow: footing after the holes are dug and before concrete, rough-in once the sub-framing is complete and before decking and guardrails, and a final before occupancy. The handout also attaches stair and guard text from the residential code. Stairways need at least 36 inches of clear width, risers may not exceed 7 3/4 inches, treads must be at least 10 inches deep, and handrails sit 34 to 38 inches high. Raised surfaces more than 30 inches above grade need guards at least 36 inches tall that will not pass a 4-inch sphere.

Finished basements. The basement handout starts with its own blunt line: "A permit is required for any finishing work within a basement." The application needs a floor plan with every room labeled for its use, the finished ceiling height, the total finished square footage and the plumbing fixture locations. The ceiling must be at least 7 feet from finished floor to the lowest projection, though beams and girders spaced at least 4 feet on center may project up to 6 inches below that. Accessible space under stairs must be enclosed with half-inch gypsum board. Lumber in contact with concrete must be treated, and fireblocking is required in concealed spaces.

Egress gets the most space, and it is where a buyer can do some arithmetic. Every sleeping room in a basement needs its own emergency escape opening with a sill no higher than 44 inches. Those numbers work together. A window at the 24 inch and 20 inch minimums would clear only 480 square inches, and 5 square feet is 720 square inches. So one of the two dimensions has to be larger than its minimum. A window well must be at least 9 square feet in horizontal area and 36 inches in projection and width, with a ladder if it is deeper than 44 inches.

The inspection list has one entry the other handouts lack. A pre-permit inspection happens before the permit is issued, to assess the existing windows for egress. Then come rough-in before insulating, insulation before any coverings go up, and a final after the electrical and plumbing finals and before occupancy. A buyer looking at a basement with a bedroom in it can reasonably ask for the permit and the final inspection record, because the county's own list says the work needed both.

Pools, hot tubs and spas. The pool handout draws its line at water depth. A permit is required for any structure that holds water over 24 inches deep, and the handout names in-ground, above-ground and on-ground pools, hot tubs and spas. Before applying you must call J.U.L.I.E. at 1-800-892-0123. The site plan has to show the size, the location, the height, the distance to lot lines, the well and septic locations and the location of the 48-inch barrier. The handout adds that no swimming pools are allowed in front yards.

The barrier rules are specific. The top of the barrier is at least 48 inches above grade, with no more than 2 inches between grade and the bottom of the barrier. Openings may not pass a 4-inch sphere, and chain link mesh may be no larger than 2.25 inches square. Gates open away from the pool and must latch and close themselves. Where the house wall forms part of the barrier, the pool needs a powered safety cover, or the doors with direct access to the pool need an alarm that can be heard throughout the house. On an above-ground pool whose walls serve as the barrier, the ladder or steps must lock or come off. A spa or hot tub with a locking safety cover is exempt from the 48-inch barrier. Inspections differ by type. An in-ground pool needs gas piping inspected before burial, a final on the heater, and electrical bonding, rough-in and final. An above-ground pool needs an electrical inspection and a final barrier inspection. The final comes before the pool is used.

Sheds, garages and other outbuildings. The accessory structure handout sets the permit line at 200 square feet. Building permits are required for all accessory structures and detached garages over 200 square feet. The county defines an accessory building as a structure on the same lot as the principal structure and "customarily incidental and subordinate" to it. A pole barn application must include information from the pole barn company on wind loads, snow loads for the roof truss system and footing depth. The contractor information line asks for the electrician's license number and adds, in parentheses, that a homeowner can do their own electrical.

The handout's structural minimums are short. A concrete floor is required, and a slab poured on fill must be designed by a soils engineer. Hurricane clips go on every rafter and truss. Anchor bolts are half-inch diameter at no more than 6 feet on center and within 12 inches of corners. Footings are at least 8 by 16 inches with an 8 inch wall for frame construction, and 10 by 20 inches with a 10 inch wall for masonry. The inspections are footing, rough-in and final. The handout also carries siting numbers that do not match the ordinance, which the next section takes up.

Where The Handouts And The Zoning Ordinance Part Ways

The county's Planning page says the Unified Development Ordinance and Zoning Map were adopted on June 18, 2026. The ordinance applies to all land, uses and structures in unincorporated Boone County, and also to a property that has an annexation agreement with a municipality more than 1.5 miles away. One caution belongs here. The ordinance PDF on the county site is dated June 23, 2026, and its effective date line still reads "MONTH DATE, 2026." The Building and Zoning page, meanwhile, still links the older zoning ordinance on Municode. So ask the Planning Department at planning@boonecountyil.gov which rules govern a given parcel and from what date, and ask for the answer in writing.

The handouts and the posted ordinance describe accessory structures differently. Here are the differences, stated as plain facts with no ranking.

• Permit threshold: the accessory handout requires a permit over 200 square feet.
• Count: the handout says only one accessory building is permitted per lot. The ordinance's general accessory section has no such count. It limits a detached accessory structure, or a combination of them, to 50 percent of the rear yard, and that cap does not apply in the A-1 and A-2 districts.
• The ordinance says a detached garage's footprint must be less than the principal structure's footprint, and the ordinance sections read for this guide name no 800 square foot cap.
• Location: the handout puts accessory structures in the rear yard in residential districts. The ordinance puts sheds in the rear yard only in the R-E and R-1 districts, but allows detached garages in the front, corner side, interior side or rear yard there.
• Setbacks: the handout refers you to the zoning inspector. The ordinance gives numbers. In R-E and R-1, a structure of 200 square feet or less sits at least five feet from a lot line, and a larger one sits 15 feet from a lot line. Either kind must be at least 10 feet from the primary structure.
• The handout adds "or the height of the principal structure, whichever is less."

The handouts print no date, so the pages themselves do not say which came first. The practical point is that a permit answers the building code question and the ordinance answers the zoning question. A shed can satisfy one and fail the other. The ordinance also says accessory structures other than fences and walls are not allowed in any easement and may not substantially block drainage paths.

The ordinance has its own entries for projects the handouts mention only briefly. A deck may encroach a maximum of eight feet into any yard, and a porch may project a maximum of eight feet from a structure. A swimming pool or hot tub two feet deep or more is allowed in the corner side yard or rear yard of the A-1, A-2, R-E and R-1 districts. It must sit in a yard enclosed by a fence, at least 10 feet from any other structure except a permanent deck or patio. A pool must also be at least five feet from buried utility lines and 10 feet from aerial lines, as verified by the Zoning Administrator. An aboveground pool or hot tub may not exceed six feet in height.

Fences are the gap. The four handouts do not list fences, and no county page read for this guide says whether a fence needs a building permit. The ordinance does regulate them. In the R-E, R-1, B-1 and I-1 districts the maximum height is 4 feet in front and corner side yards and 6 feet in interior side and rear yards, with no maximum in A-1 and A-2. The finished side must face outward, so the posts sit on the owner's side. Ask the Building Department by phone whether a permit is needed before a fence goes up.

Two zoning processes can sit in front of a building permit. A zoning certificate exists to confirm that an application conforms to the ordinance. The Zoning Administrator must approve, approve with conditions or deny within 30 days of a complete application. The approval expires if no building permit is obtained within one year, and the applicant may request one six-month extension in writing before the year ends. The ordinance section as posted does not list which projects need a certificate, so ask. Site plan review is separate. New construction of an accessory dwelling unit needs it, and so does any construction that would expand or install a septic system. A single-unit or two-unit dwelling is exempt from site plan review for new construction unless it is part of a subdivision application or the Zoning Administrator decides site conditions call for it.

Accessory dwelling units deserve a separate note for buyers. The ordinance allows one per lot in the A-1, A-2, R-E and R-1 districts, on a lot with a single-unit dwelling. An external unit goes in the rear yard only. The maximum size is 1,000 square feet and two bedrooms, and the unit may not be separately metered. It shares the main dwelling's septic system if that system is in suitable condition. Otherwise it needs an independent system sized for two bedrooms.

Septic and wells sit behind everything above. The Health Department says the septic plan and well application must be approved and permits issued before installation, before drilling and before a Boone County building permit is issued. The installer must hold both an Illinois license and a Boone County license, the department must be notified 48 hours before installation, and no part of the system may be covered until it is inspected and approved. A septic permit is also required for alterations, such as when a home addition, pool or other structure encroaches on the existing septic area. A well must be sealed within 30 days of being abandoned, and sealing needs a permit. Our guide to buying land in Boone County covers wells and septic in more depth.

The ordinance has a rule for older work. A use, structure or lot established illegally "remains illegal if it does not conform" when the ordinance takes effect. A structure that was legal when built but does not meet the new standards is treated as legally nonconforming instead. The county's pages do not say what it does about past work that never had a permit. That is a question for the Building Department, and a buyer can put it to the department by address before an offer.

Bottom Line

In unincorporated Boone County, the permit rules are short and specific. Decks, porches and piers need a permit at any size. Finishing any part of a basement needs one. A structure holding water over 24 inches deep needs one. A detached accessory structure over 200 square feet needs one. Zoning comes first, the Health Department's site plan comes next, and then the county releases the building permit. If you are comparing homes for sale in Boone County, start by confirming the address is under the county and not a city or village.

Before an offer on a home outside city limits, there are four things worth asking for. Ask for the permit and final inspection record on any deck, finished basement, pool or outbuilding over 200 square feet. Ask the Planning Department which ordinance governs the parcel. Ask the Health Department about the septic and well on file. And consider the county's real estate well and septic inspection, which the Health Department says is not required by the county but may be required by a lender or a contract, and which it calls a good idea to prevent unexpected expenses.

Handouts change, and so do ordinances. Read the county's current pages and call the offices before you rely on any number here. For a wider map of the area, see the Illinois Real Estate Guide. This guide explains what the published pages say. It is not legal, tax or financial advice, and the Building Department, the Planning Department or a licensed professional should confirm anything specific to your property.

That covers the permits themselves. These short answers come straight from the county's published pages.

Frequently Asked Questions

If you are looking at homes for sale in Boone County or at a parcel that does not quite fit the use you have in mind, these two processes decide what the land is allowed to become. Gambino Realtors has been in business in the Rockford area since 1923. Every fact below comes from Boone County's own planning pages and application forms, or from the Illinois Counties Code. Where those sources disagree with each other or say nothing, this guide says so.

What A Rezoning And A Special Use Permit Each Ask For

The county's business resources page explains the starting point in one sentence. Zoning regulates the use and development of all land and buildings within the county. The ordinance divides that land into districts, and each district lists the uses that can be placed there. The Unified Development Ordinance, which the county's planning page says was adopted on June 18, 2026, names six districts: A-1 Agricultural Preservation, A-2 Agricultural Residential, R-E Residential Exurban, R-1 Residential Single-Unit Dwelling, B-1 Business and I-1 Industrial. Land that is not specifically placed in any district is classified A-1 until it is classified otherwise.

Each use in the ordinance's use table gets one of three answers for each district. A "P" means the use is a permitted use, allowed by right as long as it meets the use standards. An "S" means the use needs a special use permit. A blank means the use is not allowed in that district. The county's business page puts the same idea plainly. Permitted uses are allowed by-right, and special uses may only be allowed subject to a special use permit.

A few rows from the table show how this reads. A single-unit dwelling is a permitted use in A-1, A-2, R-E and R-1, and the table leaves B-1 and I-1 blank for it. A place of worship is a special use in all six districts. A cemetery is a special use in A-1 only. These are three entries from a table that runs across several pages, so the full list for the district a parcel sits in is the place to check before you assume anything.

A rezoning and a special use permit answer two different questions. A rezoning, which the ordinance calls a zoning map amendment, asks the county to move the boundary so that a parcel sits in a different district. The ordinance says the purpose of a map amendment is to allow changes to the boundaries of the Zoning Map in response to changing conditions and policies. A special use permit leaves the district alone and asks for approval of one use that the district lists as a special use. The ordinance describes special uses as uses which may have a special, unique or unusual impact on the use of neighboring property.

There is a third request that sounds similar and is not the same. A variation asks for relief from a regulation such as a setback, on the ground that the unique attributes of the property make literal enforcement a hardship. The ordinance says outright that a variation does not provide relief from the use permissions of the ordinance. If the use itself is not allowed, a variation cannot fix it. The Zoning Board of Appeals decides variations on its own, without a vote of the County Board.

Two more points from the ordinance matter before anyone files. First, a use that appears on the special use list does not come with any presumption of approval. Each proposal is evaluated on its own, for the particular location and the manner proposed. Second, a use that is not listed anywhere in the table is not automatically barred. If the Zoning Administrator finds that the unlisted use is similar in nature and impact to an allowed use, the administrator may treat it as an allowed use, and may require a special use permit if the similar use requires one. If the use is not similar to anything listed, the ordinance says it is not allowed and may only be approved through an amendment of the ordinance itself. An applicant can ask for a written interpretation from the Zoning Administrator, who is the county planner, before spending money on a full application.

The Path From Filing To A County Board Vote

Both applications start in the same place. Any property owner in the county, or someone the owner has authorized in writing, may file. Before filing, the applicant may ask for a pre-application consultation with the Zoning Administrator, who gives guidance on the procedure and on how applications are evaluated. The county's Applications page says all planning and zoning applications go through its online system, which it names as CloudPermit. The list on that page includes Rezoning/Map Amendment and Special Use, along with variance, text amendment, subdivision and zoning verification letters.

The county's own forms show what a complete package holds. The Application for Zoning Change lists seven items. The applicant needs a certified plat, site plan, survey or other professional illustration, a detailed written statement explaining the reason for the request, a legal description in digital format, the signed application, the fee, a natural resource report or letter from the county's Soil and Water Conservation District, and anything else planning staff require, such as a landscaping, elevation or exterior lighting plan. The special use form lists the same seven items. Both forms are marked as revised in July 2023, so confirm the current version with Planning before relying on the wording here.

Two of those items involve other agencies. The form says a copy of the application goes to the Soil and Water Conservation District at 211 N. Appleton Road in Belvidere, and that the district has 30 days to respond with its report. The form adds that the report must reach the Planning Department for the application to proceed. The form also notes that the Illinois Department of Natural Resources may review zoning applications for their effect on endangered or protected species, with 30 days allowed, and that the applicant is the one responsible for contacting that agency through its EcoCAT website. If the development involves state or federal funding, the Illinois Historic Preservation Agency may also review it, again with 30 days allowed. Anyone planning a timeline should put those 30-day windows on it.

The rezoning form also asks the applicant to list the owners of record of every property adjacent to the parcel and across the street or alley from it, with parcel numbers. The form says the applicant is responsible for verifying that list. The ordinance separately makes the applicant responsible for mailing notice to those adjoining owners, which is covered below.

Then the ordinance gives the Zoning Administrator the job of deciding whether the application is complete. An application is not considered on file until it is. If it is incomplete, no processing steps are taken. Fees have to be paid first as well, and the ordinance says that until all fees are paid, no steps will be taken. The rezoning form adds that an incomplete application is returned to the applicant after sixty days. The county posts the current fee ordinance on its Applications page, and this guide leaves the amounts out because they are the county's to set and change.

From there the two paths split. For a special use permit, the Zoning Administrator writes a report for the Zoning Board of Appeals. The Board holds a public hearing within 30 days after receiving a complete application, and the applicant can agree in writing to extend that. The Board then recommends approval, approval with conditions or denial, and forwards the recommendation to the County Board within 30 days after the hearing closes. The County Board considers it within 30 days after receiving the recommendation. It can approve, approve with conditions, deny, or send it back to the Zoning Board of Appeals for another look.

For a rezoning, there is one more step at the front. The Zoning Administrator writes the report for the Regional Planning Commission, which holds a public meeting within 30 days after a complete application and recommends approval or denial. That recommendation goes to the Zoning Board of Appeals within 30 days. The Zoning Board of Appeals holds its own public hearing within 30 days after getting the recommendation, then recommends approval or denial to the County Board within 30 days after the hearing closes. The County Board then has 30 days to approve, deny or refer it back. The county's application form, marked as revised in July 2023, describes the applicant appearing before the Planning Commission, the Zoning Board of Appeals and the County Board. The ordinance names the Regional Planning Commission at that first step.

The ordinance builds in a rule about silence. If the Zoning Administrator, the Regional Planning Commission or the Zoning Board of Appeals fails to act within the period the ordinance sets, that failure counts as approval, or as a recommendation for approval. The rule runs the other way for the County Board. If the County Board does not decide within its period, the application is considered denied.

The Zoning Board of Appeals meets on the fourth Tuesday of the month, except in December, based on the county's 2026 schedule. That schedule pairs each meeting with a filing deadline. The October 27 meeting has a deadline of September 21. The November 24 meeting has a deadline of October 26. The December meeting moves to December 15, with a deadline of November 23. The schedule also notes that subdivision plats and solar and wind special use permits may need an additional month of review, and that all required applications, fees and documents must be submitted before the deadline. The county's rezoning form says applications can be filed at any time. The schedule lists the deadline for each meeting.

Two final rules sit in the ordinance for applicants who lose or change course. An applicant may withdraw at any time before a decision, and fees for a withdrawn application are not refunded. After a denial, the same request cannot be reviewed or heard for one year, unless new or substantially different information has become known. An applicant who refiles inside that year has to include detailed information justifying it, and the Zoning Administrator decides whether the new filing is appropriate.

Notice, Hearings And What A Neighbor Or Buyer Can Do

The ordinance will not let a hearing body hear or review an application until the applicant has met the notice rules, so notice sits at the front of the process and not the back. The ordinance's notice table marks published notice, mailed or delivered notice and a posted sign as required for both a special use permit and a zoning map amendment. The applicant prepares the published notice, and the county publishes it. The applicant gives it to the Zoning Administrator at least 30 days before the hearing date. It then has to run in a newspaper of general circulation in the county 15 to 30 days before the hearing. The notice states the date, time, place and purpose of the hearing, the body holding it, the applicant's name, the address or parcel number, and the current and proposed zoning classifications where those apply.

The applicant also sends mailed notice by U.S. mail, as the second kind, 15 to 30 days before the hearing, to the owners of all adjoining property and of property immediately across any street, alley or public right-of-way. For a special use permit, mailed notice also goes to any municipality whose boundaries lie within 1.5 miles of the property. The third kind is a sign. The county itself posts a sign on the property, legible to passersby, with at least one sign for each road frontage. The applicant removes the sign two or fewer days after the hearing.

The Illinois Counties Code sets the floor under all of this. For both map amendments and special uses, the statute requires at least 15 days' published notice before the board of appeals hearing. For a special use, the statute also requires 15 days' notice to any municipality within one and a half miles and to the owners of adjacent land or land across a street. The statute puts the cost of publishing the special use notice on the applicant.

The hearing itself runs under oath. The ordinance says any person who attends a public hearing may appear and present testimony, and that all testimony is given under oath or by affirmation. The county posts a ten-step hearing procedure for the Zoning Board of Appeals. After the staff presentation, the applicant is sworn in and presents the case. People who favor the petition are heard next, and those who oppose it are heard last. Each speaker states a name and address and is sworn in. The procedure asks speakers not to repeat what has already been said and not to involve personalities, and to be as factual as possible. The Board may question any speaker, and all statements go through the chairperson. The Board decides during the hearing, but if it finds information lacking it may table the petition until the next meeting.

The ordinance requires the hearing body to keep minutes that show each member's vote, and the minutes must include the evaluation standards and the reasons for the decision. Every determination becomes part of the public record. Any person may also examine an application and its supporting materials, subject to the Illinois Freedom of Information Act. For a buyer, that means the file for a nearby request can be examined, not just heard about.

The standards matter because the written findings have to track them. For a special use, the County Board, the Zoning Board of Appeals and the Zoning Administrator must make written findings on five points. The use must not endanger the health, safety, comfort, convenience and general welfare of the public. It must be compatible with adjacent properties and other property in the immediate vicinity. It must not impede the normal and orderly development and improvement of nearby property. It must not require utilities, access roads, drainage or other facilities to a degree disproportionate to what permitted uses in the district would expect, and it must not place an undue burden on existing development. And it must be consistent with the intent of the comprehensive plan, the ordinance and the county's other land use policies.

A rezoning is judged on a balance of six standards. They cover public health and welfare, compatibility with the existing uses and zoning of adjacent property, whether the amendment provides a relative gain to the public as compared to any hardship imposed on an individual property owner, whether it addresses the community need for a specific use, whether it corrects an error or reflects a change in policy, and consistency with the comprehensive plan. The phrase "a balance of the standards" is the ordinance's own wording.

State law adds a protest mechanism for rezonings. A map amendment normally passes the County Board by a simple majority. But if written protest is signed by the owners of at least 20 percent of the land to be rezoned, or by owners of land touching or directly across a street, alley or right-of-way from at least 20 percent of the perimeter of that land, the amendment needs the favorable vote of three-fourths of all County Board members. The statute requires the protestors to serve a copy of the protest on the applicant by certified mail. A separate provision lets a township that has a plan commission submit written objections within 30 days after the hearing, and if it does, the same three-fourths vote applies. The statute also lets the corporate authorities of the nearest zoned municipality protest by resolution when the land lies within one and a half miles of that municipality's limits.

Conditions are the other tool the County Board has. In approving a special use, it may require conditions on the establishment, location, construction, maintenance and operation of the use, and may require guarantees from the applicant that the conditions will be met. The ordinance limits that power. Any condition has to relate to a situation created by the proposed use, and has to be roughly proportional to its impacts.

Approval does not last forever if nothing happens. The ordinance says a special use approval expires and is revoked if the use has not started, or a building permit has not been obtained, within one year after approval. The applicant may ask for one extension of up to one additional year, in writing, at least 30 days before the first year ends, and the Zoning Administrator decides within 15 days of receiving the request. Approval can also lapse if required licenses or permits are not obtained or are terminated, if the standards or conditions are violated, or if the operation stops for one year. Government-owned property, including fire districts and school districts, is outside these expiration rules.

The ordinance also says special use approval runs with the land. A change of ownership, tenancy or management does not end it, unless the conditions of the permit say otherwise. Any addition, enlargement or expansion of a use that already holds a permit needs a new or amended permit. For someone buying a property that holds a special use, the permit and its conditions are the first documents to read.

Bottom Line

A rezoning in unincorporated Boone County needs a recommendation from the Regional Planning Commission, a recommendation from the Zoning Board of Appeals and a vote of the County Board. A special use permit needs a recommendation from the Zoning Board of Appeals and a vote of the County Board. For both, the ordinance requires published notice, mailed notice and a posted sign, and both are decided against written standards. A variation cannot stand in for either one, because it does not change what use is allowed.

For a buyer, three questions come first. What district is the parcel in, and does the use table list your use as permitted, as special, or not at all? Does the parcel already hold a special use permit, and what conditions came with it? And is anything pending nearby, which the published notices, the posted signs and the application files will show? If you are comparing homes for sale in Boone County, the county posts its Zoning Map and its Table of Permitted Uses on its website, and it issues zoning verification letters on request through the Planning Department.

Three notes on limits. The Unified Development Ordinance PDF on the county site is dated June 23, 2026, while its effective date line is still a blank placeholder, and the county's forms and its Zoning page still carry older wording, so confirm with Planning which text governs a particular application. The ordinance applies to the unincorporated parts of the county, so land inside a village or city sits outside it, and that municipality's hall is the place to ask. And this guide explains what the county's pages and Illinois statutes say. It is not legal, tax or financial advice, so use the Planning Department, an attorney or a surveyor to confirm anything specific to your parcel. For related background, the guide to buying land in Boone County covers districts, lot sizes, wells and septic, and the Illinois Real Estate Guide lists every Gambino Realtors article.

That is the whole path, from the first form to the last vote. These short answers repeat the county's own wording where it matters.

Frequently Asked Questions

Gambino Realtors has been based in Rockford since 1923, and this guide sticks to the written rules. It does not predict how any board or Council member will vote on any request. The sources are the City of Rockford Zoning Board of Appeals page, the 2026 application packet, the Board's rules of procedure, and Articles 63 through 66 and 70 of the Rockford Zoning Ordinance, all read on October 13, 2026. This is not legal advice, so for a live request the Zoning Office and an attorney are the places to confirm each step.

Variation, Special Use or Administrative Adjustment: Three Different Doors

Rockford's ordinance does not treat every exception to a zoning rule the same way. There are three routes, and which one applies depends on what is being asked for. The ordinance uses the word "variation" where people say "variance."

A variation is relief from a numeric or physical regulation of the ordinance. The ordinance's purpose clause says the Board, with final decision by the City Council, may vary the regulations "only in specific instances" where there are "practical difficulties" in carrying out the strict letter of the rules. The clause adds that a variation may not "merely serve as a convenience to the applicant" and has to be "necessary to alleviate some demonstrable difficulty." A variation is also not a substitute for the other two routes. The ordinance says plainly that a variation cannot be used in place of a special use permit or a zoning map amendment, although it can accompany one.

A special use is a different idea. It is a use the ordinance lists as allowed in a district only after case-by-case review. The ordinance explains the reason. Some uses have special impacts or unique characteristics, so the city wants to judge the design, location, size and operating characteristics of each one. It also states a presumption that a special use is not appropriate in a location unless the city determines that every criterion for granting the permit has been met, with or without conditions. The use table shows how this looks in practice. A two-unit house is a permitted use in the R-2, R-3 and R-4 districts and is prohibited in RE, R-1 and R-1U. In the C-1, C-2 and C-3 commercial districts, a two-unit house and an apartment or condo building of three or more units are both listed as special uses. If you are weighing an older building in one of those districts, the question to ask is whether its use is permitted outright, grandfathered, or dependent on a special use permit. Our guide to Rockford multifamily zoning lays out the residential side of that table.

The third door is the administrative adjustment, and it is the one that does not go to the Board at the start. Article 65 describes it as a streamlined procedure for minor modifications of selected standards. The Zoning Officer, not a public board, decides. The list of adjustments the officer may approve is short and specific. It includes enclosing an existing rear open porch on a legally established residential building that would otherwise be blocked only by rear or side setback rules, and reducing setbacks for buildings in official Rockford Landmark Districts when the reduction matches the predominant yard depth and the Historic Preservation Commission recommends it. It also covers up to a 10 percent reduction in the spacing between rows of townhouses, up to a 2-foot reduction in the depth of certain townhouse private yards on a lot with substandard depth, shared or cooperative parking, a 10 percent reduction in required parking after a parking lot is reconstructed, community gardens, and urban farming on a plot under one acre.

Two limits on that route are worth knowing. In new development, any request for more than two administrative adjustments has to be reviewed as variations instead. And the officer cannot take final action until at least 15 days after notices were mailed to abutting property owners. Written notice also goes to the alderman of the ward. Every decision under Article 65 can be appealed to the Zoning Board of Appeals, which brings us back to the Board by another path. The historic district rules affect buyers of older homes in particular, and we cover them in our guide to buying a home in a Rockford historic district.

From Filing to the Council Vote: The Steps and the Clock

The calendar is fixed, so the first thing to know is that a request cannot be heard on a date the applicant picks. The city publishes a schedule each year. For 2026, the filing deadline is a Thursday at 5:00 pm, and the hearing falls on the third Tuesday of the following month. The packet lists the remaining 2026 pairs this way: a filing deadline of October 15 for the November 17 hearing, November 12 for the December 15 hearing, and December 10 for the January 20, 2027 hearing, which falls on a Wednesday. The packet also marks January 20, 2027 and a few earlier dates with "Wed" rather than Tuesday, so the date on the schedule is the one to rely on, not the rule of thumb.

The packet says applicants are required to make an appointment to review their application at least one week before the deadline. The application form has to be completed in full and returned to the Zoning Office by the deadline to be heard at the matching meeting. The Zoning Office is on the first floor of City Hall at 425 East State Street, and its number is 779-348-7158.

The application itself asks for a lot of paper. Under the ordinance, a variation application must include the name and address of the applicant, a statement that the applicant is the owner or the owner's authorized agent, the address, property tax code number and legal description, an accurate scale drawing of the site, and a list of the owners of record of each property adjacent or directly across a street or alley. It must also include the fee, a Soil and Water Conservation District report, and a statement explaining how the request meets the standards for a variation. The packet adds practical detail. A site plan drawn to scale is required if the request includes a special use permit or a variation. A zoning narrative describing the reason for the application is required. The names and addresses of adjacent owners can be obtained from the Winnebago County Recorder's Office. Some requests may also need review by the Illinois Department of Natural Resources or an access permit from the state or county highway agency.

One more detail from the packet matters for budgeting. The filing fee is listed in a 2026 schedule that varies by the type of request and the zoning district, and the schedule states that all fees are non-refundable. When a single application combines several requests, the fee is the single highest fee of any one of them. Because the fee amounts are set by the City Council and can change, check the current schedule with the Zoning Office instead of relying on a number quoted anywhere else.

After filing, the ordinance sets the notice. For a variation, the Board holds at least one public hearing. Notice of the date, time, place and subject matter has to be given three ways. A notice is posted on the property not less than 10 days before the hearing. Written notice goes by first-class mail to the owners the applicant listed, and it is delivered to the alderman of the ward. And a notice is published at least once in a newspaper published in Rockford, not more than 30 days and not less than 15 days before the hearing. The ordinance adds that if a neighbor does not receive a mailed notice because of a change of address or another reason beyond the Zoning Officer's control, the proceedings are not invalidated. For a special use permit, the notice list is the same three steps, except the mailing goes to the person billed the previous year's general real estate taxes for each adjacent lot or tract.

At the hearing, the Zoning Officer or staff submit a report and recommendation. The Board's rules then set an order of evidence. The applicant may make a brief opening statement and present testimony and exhibits. Board members may cross-examine the applicant's witnesses, and so may interested parties. Interested parties may then make their own statement and present evidence, and the applicant may cross-examine those witnesses and present rebuttal limited to new matters. All witnesses testify under oath. The rules define an interested party to include property owners entitled to notice, and they say a continuance may be granted only on good cause, with one continuance available to persons entitled to notice who want to rebut the applicant's testimony. If an applicant or representative does not appear, the chairman may entertain a motion to dismiss the case for want of prosecution. The rules say such a dismissal is not a decision on the merits and does not bar a new application. The packet says failure to appear may result in a recommendation to deny or in delay.

Then comes the clock that runs after the hearing closes. The Board must make a recommendation with findings of fact within 35 days. Within 10 days after that, the Zoning Officer sends written notice of the recommendation and findings to the City Council and the Mayor. The packet describes the standard sequence in three weeks. The packet also warns that Council action on zoning requests can sometimes be lengthy, so the three-week sequence is the standard case and not a promise.

What the Board Has to Find, and How the Votes Count

The Board can recommend approval only if it finds that each of seven items is met. The city's application packet prints them, and the ordinance repeats them in Section 64-005. In plain terms:

• Because of the particular physical surroundings, shape or topographical conditions of the specific property, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out.
• The conditions behind the request are unique to the property and are not applicable, generally, to other property in the same zoning classification.
• The purpose of the variation is not based exclusively on a desire to increase the value or income potential of the property.
• The difficulty or hardship is caused by the ordinance and was not created by anyone presently having an interest in the property or by a predecessor in title.
• The variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood.
• The variation will not impair an adequate supply of light and air to adjacent property, substantially increase congestion of public streets, increase the danger of fire, endanger public safety, or substantially diminish or impair property values in the neighborhood.
• The variation complies with the spirit and intent of the restrictions imposed by the ordinance.

Read the list for what it rules out. The fourth finding means a hardship that a current owner or an earlier owner created does not qualify. The third means that wanting a more valuable or more profitable property is not, by itself, a reason. The second means a condition shared by many lots in the same district is not a reason either. The Board must find all seven.

The packet itself carries one wrinkle worth a mention. The application form says Illinois state law requires a hardship to be proven by a positive finding of fact for seven criteria, and the attached findings sheet is headed with an older section number from a previous version of the ordinance, 1604.5, rather than 64-005. The seven items match the current ordinance in substance.

A special use permit has its own findings, and there are six of them. The Board must find that the use will not be detrimental to or endanger public health, safety, morals, comfort or general welfare. It must find that the use will not be injurious to the use and enjoyment of other property in the immediate vicinity or substantially diminish or impair property values in the neighborhood. It must find that the use will not impede the normal and orderly development of surrounding property for uses permitted in the district, that adequate utilities, access roads, drainage and necessary facilities are or will be provided, that ingress and egress are designed to minimize traffic congestion in public streets, and that the use conforms in all other respects to the regulations of the district, with a narrow exception for nonconforming situations.

The Board may also attach conditions. For a variation, the ordinance says the Board may recommend such conditions as it deems necessary to secure the general objectives of the ordinance, including protection of adjacent property, expiration of the variation after a specified period, and off-street parking and loading provisions. For a special use, the Board may recommend similar conditions, and the ordinance says a permit limited in time becomes subject to the renewal procedure. A permit granted for a limited period may be renewed for an additional period of 2 years if a renewal application is filed with the Board before the period ends. The Board may not modify, delete or add to previously imposed conditions when it recommends on a renewal.

Now the votes. The Board has seven members, all residents of Rockford, appointed by the Mayor with the consent of the City Council, and none may hold an elective city or county office. A quorum is four members. To recommend approval of any application, four members have to concur. The ordinance adds that when fewer than four vote in favor, the item is deemed a recommendation to deny, whatever the motion said. For special use permits, the ordinance says that if the Board makes no findings and recommendation within 35 days, the recommendation is assumed to be denial.

The Council then decides without a second public hearing. It may approve, reverse or modify the Board's recommendation, or refer it back to the Board. Approval of a variation or special use is made by ordinance with a written finding of fact based on the same factors. The ordinance sets the vote this way. A majority vote decides, except that a request which did not receive the Board's recommendation of approval cannot be approved by the Council without the favorable vote of two-thirds of the aldermen. A variation takes effect on the passage, approval and publication of the ordinance approving it.

The Council may also add conditions beyond the Board's. The ordinance says an approval may be subject to conditions recommended by the Board or imposed by the Council, and that the applicant or a designated representative may be required to sign an acknowledgement and acceptance of those terms.

After the Decision: Denial, Lapse, Appeals and Whoever Owns It Next

A denial is not always the end, but it does close a door for a time. Under the ordinance, an application for a variation or a special use permit that has been denied in whole or in part by the City Council cannot be resubmitted for 1 year from the date of the denial. The exception is new evidence or proof of changed conditions found to be valid by the Zoning Officer. The Board's own rules also let an applicant withdraw at any time before the Board decides.

An approval has a shelf life. A variation lapses and becomes void if there is no construction work involved and the use of the property has not commenced within 2 years of the effective date. Where construction is involved, it lapses if a necessary building permit has not been obtained within 2 years or the use has not commenced within 3 years of the approval. And once the use has started, it lapses if discontinued for 4 consecutive months, or if there is evidence of a clear intent to abandon the property. A special use permit follows a similar pattern with one difference: after the use has commenced, it lapses if discontinued for 24 consecutive months. If a variation lapses, the owner may submit another application for the same use or a different use.

For a buyer, the special use permit has one more feature. The ordinance says a special use permit runs with the land and stays valid on a change of ownership of the site or structure. It remains subject to the lapse, expiration and revocation provisions. The sources read for this guide do not say the same thing in the same words about a variation, so a buyer who is told that an earlier owner "got a variance" should ask the Zoning Office for the ordinance that granted it, its conditions, and whether it is still in force. The ordinance requires that the Zoning Officer maintain permanent and current records of the ordinance, including all special uses and variations, so that office is the place to ask.

There is also a separate appeal route that is easy to confuse with a variation. Any person aggrieved, or any city officer, department, board or bureau, may appeal an order or decision of the Zoning Officer to the Zoning Board of Appeals within 45 days of the alleged grievance or judgment in question. The appeal stays all proceedings unless the officer certifies that a stay would cause imminent peril of life or property. The Board must set a hearing within 45 days of filing and give due notice. At least four concurring votes are needed to reverse the officer, and the Board must decide within 35 days of the hearing's adjournment. The city's fee schedule lists a separate fee for an appeal of a Zoning Officer determination. The difference is simple. A variation asks for permission to depart from a rule. An appeal argues the officer applied the rule wrongly.

The Board's decision on an appeal is a final administrative decision and is subject to judicial review under the Illinois Administrative Review Law, which the ordinance cites as 65 ILCS 5/11-13-13. The Board's records are public. The ordinance says every order, requirement, decision or determination of the Board is filed in the Zoning Office as a public record, and the rules say the file of applications and decisions in each case is a public record.

One caution about the documents themselves. The ordinance PDF on the city's website carries a cover page saying it was amended through July 1, 2024, while the page footers inside the same file print "amended through 03/31/2017." The Board's rules of procedure, which are marked as not part of the ordinance, were adopted in 2001 and say regular meetings are at 6:30 pm, while the city's current Board page and 2026 schedule say 5:30 pm. When the documents disagree, the current city page and the Zoning Office are the sources to trust.

Bottom Line

In Rockford, a variation is a narrow, finding-by-finding exception that the Zoning Board of Appeals recommends and the City Council decides. Four of seven board votes carry a recommendation, seven findings must be met, and the filing deadline sets the hearing date. A special use permit has six findings of its own and runs with the land, and an administrative adjustment is decided by the Zoning Officer on a short list of items. If a property you are considering depends on any of these, ask the Zoning Office which one it needs, which hearing date it would fall on, and what conditions came with any earlier approval. Our Rockford real estate listings page is the place to start looking at properties, and the guide to buying a vacant lot in Rockford covers the zoning questions that come up before building. The full set of local guides sits in the Illinois Real Estate Guide.

Here are short answers to the questions people ask before a request goes to the board.

Frequently Asked Questions

What the Illinois Act Requires of the Water Supplier

The law is Public Act 102-0613, which says it may be referred to as the Lead Service Line Replacement and Notification Act. The Illinois EPA says it took effect January 1, 2022. It replaced the older inventory rules, and the working text sits at 415 ILCS 5/17.12 in the Environmental Protection Act. The Act is aimed at the owner or operator of a community water supply. In Rockford that is the City's Water Division. The Division describes itself as serving approximately 55,000 water customers.

The Act has four jobs. It requires a water supplier to build and maintain a service line material inventory. It requires a replacement plan. It requires notice to the people in a building before work on a lead line or on a water main with lead lines attached. And it bans partial lead service line replacements, with exceptions. Notice what is missing from that list. Nothing in the Act text mentions the sale of a home, a seller's duty or a buyer's right. The words sale, seller, buyer, purchase, transfer and closing do not appear in the section in any real estate sense. The Act regulates the water supplier. It does not add a step to a real estate closing.

Start with the terms, because the inventory only makes sense with them. A "service line" is the piping that runs from the water main to the building plumbing at the first shut-off valve, or 18 inches inside the building, whichever is shorter. A "lead service line" is a line made of lead, or a line connected to a lead pigtail, a lead gooseneck or another lead fitting. A "suspected lead service line" is one the supplier finds more likely than not to be lead after it has worked through its records and inspections. That last category matters for a buyer. A line can sit on the City's list as suspected without anyone having dug it up.

The dates are fixed in the statute. A supplier had to develop an initial inventory by April 15, 2022. It had to submit an updated inventory electronically by April 15, 2023. It had to deliver a complete inventory to the Illinois EPA no later than April 15, 2024, or when federal law required, whichever came first. The complete inventory has to report the composition of all service lines in the system. A supplier that could not meet the final date could apply for an extension at least three months ahead, and the Agency set criteria for granting one. Rockford stated its counts publicly in August 2024. This guide could not read Rockford's filed inventory itself, so it does not say whether the City asked for an extension.

The inventory has required contents. It must identify the total number of service lines, the material of each line, the number of suspected lead lines newly identified since the last submission, and the number of suspected or known lead lines replaced since then, along with the material that replaced each one. The supplier also has to identify, to the best of its ability, the material on the customer's side and on its own side of the curb box, meter or other dividing line. That split is the one a buyer cares about. The public piece and the private piece of the same line can be different materials.

The Act also tells the supplier how to find out. It must prioritize inspections of high-risk areas and facilities such as preschools, day care centers, parks, playgrounds, hospitals and clinics. It must review historical records, such as construction logs or cards, as-built drawings, purchase orders and subdivision plans. It must visually inspect and document a line whenever it is doing distribution system maintenance. It must identify any period when connections were primarily lead, if that is known or suspected. And it must talk to the employees, contractors and plumbers who worked on those lines. The Act says nothing requires a line to be unearthed for the sole purpose of inventorying. So a "suspected" label can rest on paper records and a pattern, not a shovel.

Two more rules shape what you see. If a homeowner refuses the supplier access to the inside of a building to identify a line, the supplier keeps a record of the refusal. It must then attempt to identify that line as a suspected lead service line unless documentation shows otherwise. And lines that are physically disconnected from a water main are outside the inventory duty. A supplier also has to post a copy of its most recently submitted inventory on its website, or ask the Illinois EPA to post it.

What Rockford Has Published and Where It Sits Now

The City's Water Division runs a page titled Lead and Drinking Water. It says lead is not present in Rockford's source water, which is groundwater, and not in its treated drinking water. It adds the condition that matters here. If a building has a water service line made of lead, lead can enter the drinking water through corrosion of plumbing materials. In other words, the City places the risk in the line between the main and the house, not in what comes out of the ground.

The page points to three tools. The first is an interactive Lead Service Line Identification map. A customer clicks the water drop on the map and gets information about that service, with information on both public and private service lines. The second is a digital service line material identification survey, reached by a QR code, which the City uses to learn the material of private service lines. The third is a free annual lead test. The Division delivers test kits to households, and you request one through Water Quality at 779-348-7151.

Now the numbers, with their dates. WIFR reported on August 19, 2024 that the City had assessed every service line in its distribution system. Add them and you get 55,375 lines, which sits in the same range as the Division's own description of about 55,000 customers. The City's page gives no current count, and counts move as lines are replaced and unknowns are identified. Treat the 2024 breakdown as a snapshot, not today's total.

The galvanized number deserves a sentence. The statute explains why. A replacement plan must cover each galvanized line that is or was connected downstream to lead piping. The Illinois EPA's own summary page notes that from 2023 the old "Galvanized" field was split into "Galvanized Requires Replacement" and "Galvanized not Requiring Replacement." A galvanized line that is or has ever been connected downstream to lead falls in the first group.

The 29,304 unknowns are the largest group in that snapshot, and the City says what it wants done about them. According to the same report, properties with lead or galvanized lines are added to a replacement list and the City said it would replace those lines at no cost to residents.

Replacement is paid for through the Illinois EPA's Public Water Supply Loan Program, a State Revolving Fund, according to the City page. The City also encourages voluntary full replacement on both public and private property, from the water main to the meter. Per the City, if an owner meets specific requirements and agrees to pay for the private-side work, the Water Division coordinates and replaces the public-space portion at the same time. Field Services handles those questions at 779-348-7152. The Act's own pace is a separate matter. Its replacement schedule depends on the count in the supplier's final inventory. A supplier reporting more than 9,999 but fewer than 99,999 lead lines must replace at an annual rate of no less than 3 percent of that count, with a timeline of up to 34 years from the date of its final plan. If the 2024 count of 14,085 were the final figure, 3 percent would be about 423 lines a year. That is arithmetic on a snapshot, not a City statement. The filed final inventory and plan fix the real number, and the Agency may grant a timeline extension of up to 20 percent.

What a Buyer Can Ask, Look Up and Put in Writing

Begin with the address lookup. The City's map is the first place a buyer can see how the Division has classified a service. The classification will be one of the four you saw above: lead, non-lead, galvanized or unknown. Take a screenshot with the date on it. Counts change as lines are replaced, so a dated capture shows what the map said when you made your decision. The map is also where the public side and the private side of a line are described, which is the split the statute asks the supplier to identify.

Then read the seller's disclosure report. The Illinois Residential Real Property Disclosure Act sets the form in 765 ILCS 77/35, and item 17 asks the seller whether the seller is aware of unsafe concentrations of or unsafe conditions relating to lead paint, lead water pipes, lead plumbing pipes or lead in the soil on the premises. Item 9 asks about material defects in the plumbing system. Item 11 asks about unsafe conditions in the drinking water. Two details in the form decide how much weight to put on a "no." First, "aware" is defined as actual notice or actual knowledge without any specific investigation or inquiry. A seller does not have to go find out what the pipe is made of. Second, the form says it is not a warranty. A seller who has never seen the pipe can truthfully answer "no" to item 17 while the City map shows the line as lead. The report is a statement of what the seller knows. The map is a statement of what the City has recorded. They answer different questions, so read both. For the rest of the form, see the guide to the Illinois seller disclosure report in Rockford.

Keep lead paint and lead pipes apart in your head. Item 17 groups them on one line, but they are different problems with different rules. The federal Lead-Based Paint Disclosure Rule is about paint. The EPA says lead-based paint was banned for use in homes in 1978, that it is still present in millions of homes, and that it is not a hazard when it is in good condition. A service line is a pipe between the main and the building. The paint rule and the pipe inventory are separate documents with separate sources. The City's page ties the risk to the material of the service line, so the address lookup is the right test for a pipe.

A home inspection is where the physical check happens. The statute defines the service line to the first shut-off valve, so the part inside the building is within the same definition as the part under the yard. Rock River Current described the checks the City recommends on the pipe between the point where it enters the house and the shut-off valve. Scratch the pipe with a flathead screwdriver. If a shiny, silver surface shows under the scratch, the City says it is lead. A magnet will not stick to a lead pipe. Tapping a lead pipe with a penny gives a dull sound. Those are the City's home checks as reported, and a licensed inspector or plumber is the person to confirm them. The inventory records the customer's side and the supplier's side of the line separately, so a visible piece inside the house does not describe the whole run. Ask the inspector to write down what was visible and where. The guide to what the inspector checks in a Rockford home covers the rest of the walk-through.

Here is a short list of questions that fit this topic and that the sources support.

• What does the City's identification map show for this address, and what is the date of my screenshot?
• Is the line listed as lead, galvanized, non-lead or unknown?
• Has the seller received a notice or letter from the City about the line, or about planned replacement work in the area?
• Has any part of the line been replaced, and by whom? A partial replacement is prohibited under the Act, with exceptions such as emergency repair.
• If the line is lead or galvanized, is the address on the City's replacement list?
• If the material is unknown, can the seller complete the City's identification survey before closing?

The notice rules give the third question its footing. When a supplier identifies a lead service line, it must attempt to notify the building owner and all occupants within 15 days, or as soon as reasonably possible. Before a planned replacement, it must mail the owner a request for access at least 45 days ahead, then try posting the request at the entrance if there is no reply in 15 days. A seller may therefore hold paper that tells you something about the line. Ask to see it. It is a document, not a rumor.

The private-side piece needs a plain reading. The Act prohibits partial lead service line replacements. When a supplier replaces a lead line, the statute says it must replace the entire line, including the part on private property and the part within the building plumbing at the first shut-off valve. There is an exception for emergency repair. If the owner cannot be reached or refuses access during an emergency repair, the supplier may do a partial replacement. It must then give written notice, provide a filter certified to NSF/ANSI Standards 53 and 42 for at least one fixture, and replace the remainder within 30 days, or 120 days for weather or circumstances beyond its control. It must also record the remaining lead line in its inventory. A line that looks half new may therefore be explained by an emergency repair, and the question to ask is whether the remainder was finished.

There is also a rule about work an owner does. If the owner of a building intends to replace a portion of a lead line, or of a galvanized line that is or was connected downstream to lead, the owner must give the supplier notice at least 45 days before starting. A buyer who plans a plumbing renovation should treat that as a pre-work step and not discover it halfway through. The statute otherwise prohibits partial replacement by owners. If you are thinking of a renovation, a conversation with the Water Division before a plumber digs is the clean path. The guide to moving to Rockford lists the City's utility contacts that follow the closing.

What if you buy a home with a lead line and the line is on the replacement list? The City says it will contact customers as it works an area, and the Act gives a supplier the duty to request access by mail. If the owner refuses to sign or does not respond, the supplier must notify the Department in writing within 15 working days. The City mails these requests to the building owner, so the owner of record is the person who receives them. The guide to the final water bill and closing in Rockford explains the City's closing steps for the water account.

For a house you already own or are about to own, the City lists lead-safe habits. Flush the kitchen tap on cold for one to two minutes before using water for drinking or cooking. Clean the faucet aerators. Consider a home water treatment device that meets National Sanitation Foundation standards. And test the water in houses with older plumbing. The City says it offers free annual lead tests, and its corrosion control relies on naturally hard water with a neutral pH and a food-grade polyphosphate treatment under the Lead and Copper Rule. The City says it is in full compliance with that rule and on a reduced monitoring schedule every three years. Those are the City's statements about its system. The service line on your property is a separate question that only the address lookup, the inspection and the City's records can answer.

If the buyer is renting out the house afterward, the Act has one more line. An owner of a nonresidential building or a residence operated as rental property who refuses a complete lead service line replacement is responsible for installing and maintaining certified point-of-use filters at the fixtures used for drinking, food preparation and making baby formula, until the line is replaced. Anyone who is buying to rent should read that paragraph of the statute with their attorney.

Bottom Line

The Illinois Act puts the inventory duty on the water supplier, and Rockford's snapshot from 2024 shows 14,085 lead lines, 452 galvanized lines and 29,304 unknowns out of a total near 55,000. The Act does not put a lead-pipe step into a home sale, so the work falls to you. Look up the address on the City's map and keep a dated copy. Read items 9, 11 and 17 of the seller's disclosure report with the "aware" definition in mind. Ask for any City notice the seller received. Have an inspector write down the visible pipe material and its location. Then call the Water Division for anything the map leaves open. Gambino Realtors has been in business in Rockford since 1923, and these are the steps to take before you make an offer on anything in the Rockford real estate listings. For the wider set of Illinois buyer guides, see the Illinois Real Estate Guide.

That is the whole picture of the rules and the City's own tools. For anything specific to a property, the City's Water Division and your attorney are the right voices. Here are eight short answers to the questions a buyer would reasonably put to the City or the seller.

Frequently Asked Questions

Gambino Realtors has worked in the Rockford area since 1923. This is a plain reading of the rules, not legal or tax advice. The City's Community and Economic Development department and your attorney confirm how a rule applies to a specific property.

What Counts as a Short-Term Rental and How the Permit Works

Start with the definition, because it decides who has to follow the rest. Section 17-102 says a short-term rental is all or part of a residential dwelling or dwelling unit rented for transient occupancy by guests for a period shorter than 30 consecutive days. Hotels and motels are not included. The words "all or part" matter. A whole house counts. So does a portion of a dwelling.

The same section adds one more attribute. A short-term rental shall have all the attributes of a single family dwelling unit, including cooking, living, sanitary and sleeping facilities.

Section 17-101 is the core rule. No short-term rental shall be permitted in the city without first obtaining a permit. There is no grace period written into that sentence.

Only owners can apply. Section 17-104 says the owner submits a written application through the City's online registration system. All applications must be submitted by the property owner, and permits shall not issue to anyone who is not an owner. A tenant cannot hold one. A property manager cannot apply in place of the owner.

The section also describes how the permit is granted. The text reads that permits shall issue upon registration, subject to non-renewal, suspension or revocation. So the ordinance treats registration as the path to the permit. It does not describe a lottery, a waiting list or a cap on the number of permits. The pages read for this guide state no permit fee amount either. If a fee applies, the City's department is the place to confirm it.

Renewal is yearly. Owners must renew the permit every year through the same online system. A permit is not a one-time event. It is an annual task, and the ordinance ties its continuation to staying in compliance, which the next sections cover.

Registration has a second step. Section 17-106 says no dwelling unit may be used for a short-term rental unless the owner has registered with the City of Rockford rental registry and identified the unit as a short-term rental. The City's registration page describes a single Rental / Short-Term Rental Registry that supports both the Residential Quality Support Ordinance and the Short-Term Rental Ordinance. Owners use the registry website to register, edit and update their information.

For the registration details that apply to ordinary leases, such as the information required for each unit and the renewal date, read our guide to Rockford rental registration and inspection rules. Here, the focus stays on the short-term side.

One more point belongs in this section. Section 17-103 says short-term rental permits give no vested interest or entitlement in the continued operation of a short-term rental after a change of property ownership. They are revocable permits and shall not run with the land. In other words, the permit belongs to the owner who applied. It is not an attachment to the house.

Section 17-120 closes the loop. A short-term rental permit terminates immediately upon any change in ownership. Owners must notify Community and Economic Development when ownership changes. Continued operation after a change in ownership is a violation. Any new owner must apply for a short-term rental permit.

Put those two sections together and the buyer's situation is clear. If a home was listed or advertised as a nightly rental, the previous owner's permit does not transfer. The buyer starts at the application, and the ordinance gives no promise that a permit will follow. A buyer who plans to continue a rental should treat the existing permit as having no value to them and confirm the current rules with the City before relying on rental income in a purchase decision.

The Operating Rules Written Into the Ordinance

The ordinance is specific about how a short-term rental runs day to day. Each rule below comes from a numbered section, so you can read the original yourself.

It is a commercial use. Section 17-109 says operating a short-term rental is a commercial use of a residential property. The use shall be consistent with a residential dwelling and preserve the character of the neighborhood. That sentence sets the tone for how the City reads the rest.

Guest register. Section 17-107 requires a written or digital register with the name of every guest over the age of 18 and the arrival and departure dates. A register kept by a platform such as Airbnb or VRBO is sufficient. The owner must make it accessible to officers of the Police, Fire, Health or Community and Economic Development departments on request.

Notice to neighbors. Section 17-108 requires a letter before the first rental in any calendar year. The owner delivers written notice, by mail or personal delivery, to the owners of all parcels that abut the property. The notice must include the rental registration number provided by the city and contact information for the owner and the manager. It must also give the web address on the City's website that explains the rules. Because the requirement renews with each calendar year, the letter is a yearly task, not a one-time step.

Rental frequency. Section 17-110 is headed Minimum Rental Period, but its text sets a narrow rule. No short-term rental shall be rented or leased more than once within any consecutive 24-hour period, measured from the start of one rental to the start of the next. Read with the 30-day definition, it means the ordinance allows stays shorter than 30 days but not back-to-back rentals inside one day.

Advertising. Section 17-111 has three limits. No sign advertising or promoting a short-term rental may be installed on the premises. No listing may advertise an hourly rate or any rate based on a period of fewer than 24 hours. And no listing may hold the property out online as a venue for weddings, conferences, parties or other events, regardless of the number of attendees.

Events. Section 17-114 repeats the point for the premises themselves. The short-term rental shall not be used as a venue for gatherings such as weddings, conferences, parties, special events or other events, regardless of the number of attendees. The ad rule and the use rule match, so a listing and the actual use cannot differ.

Posting. Section 17-115 says the requirements and prohibitions in the ordinance must be posted in every short-term rental.

Occupancy, Parking, Local Contact and Taxes

These are the sections with numbers in them.

Occupancy. Section 17-112 defines maximum occupancy as two people per bedroom, unless the additional per-bedroom occupants are the minor children of the renters. The count includes invitees of the renters and social guests. In no event may occupancy exceed 10 persons, counting renters, renters' minor children, invitees and social guests, regardless of the number of bedrooms. Two per bedroom gives 10 for a five-bedroom home, which is exactly the 10-person cap. The 10-person ceiling is a hard stop, and a home with fewer bedrooms has a lower number.

Parking. Section 17-113 has four parts. First, overnight parking for renters must be provided on the same zoning lot as the rental, on an improved hard surface. Second, renters may not use street parking. There is one exception. If the property has no driveway or parking area that can accommodate four vehicles, street parking or public parking lots are allowed for up to two vehicles, where permitted. Third, in no event may more than four vehicles be parked in the driveway or parking area of the rental. Fourth, commercial buses may not be parked on the street or in the driveway to load or unload passengers, luggage or other items.

The practical reading is simple. A lot with a hard-surface driveway that fits four vehicles meets the baseline. A lot without one is allowed a limited street exception of two vehicles where street parking is permitted. Anyone buying with a rental in mind should look at the parking area itself, since the ordinance measures it by vehicles and surface.

Local contact person. Section 17-117 requires the owner to be available, or to appoint a local contact person or property management company, on a 24-hour basis by telephone or in person. That person must reside within 50 miles of the property and be able to be physically present within 60 minutes to handle a call from the occupants or a complaint from law enforcement, building or fire departments. The contact has authority to take over management of the rental and may be empowered by the owner to deal with conditions that are an immediate threat to public health and safety, including ordering the removal of occupants to comply with the ordinance. The contact's name and information must be given to occupants, posted clearly in the residence and provided to the City, and kept current at all times.

The ordinance states the owner's duty in the alternative: be the person who can respond, or appoint one.

Owner responsibility. Section 17-118 puts the control of the unit on the owner and the management company or contact person. They must inspect and visit the property as needed to assure compliance with city building, zoning and fire codes, and to prevent nuisance behavior. Section 17-119 adds that the rental shall not have an adverse effect on the use, enjoyment or property values of the immediate neighborhood. It lists excessive noise and violations of building, zoning or fire codes as nuisance examples. A permittee who knows or suspects criminal activity or a public nuisance on or next to the property must immediately notify the city and cooperate with the Police Department.

Hotel tax. Section 17-116 says short-term rentals pay all taxes applicable to hotels under Chapter 5, Division 3 of the Code of Ordinances, the Hotel/Motel Tourism Tax. For those taxes, the entire property or structure is considered a hotel or motel room, and the owner is subject to the Division's requirements as if the owner of a hotel or motel in the city. The ordinance text names no rate. A buyer who is modeling income should get the current rate and filing steps from the City, and a tax professional can say how it applies.

Inspection. Section 17-105 reserves the right of Community and Economic Development and the Fire Department to inspect each short-term rental, upon reasonable notice, for compliance with all applicable building, fire and property maintenance codes. Two consequences follow. Code compliance is part of holding the permit, and the home can be inspected. For what the property maintenance code covers, see our guide to the Rockford property maintenance code.

Penalties, Hearings and What Ends a Permit

Section 17-121 sets the penalty range. A violation of any section of the chapter is subject to a fine of not less than 50 dollars and not more than 750 dollars for each offense. Each day that a violation continues is a separate and distinct offense. That daily clause is the one to remember, because a single issue that runs for a week is seven offenses under the text.

Fines are not the only tool. The same section says a violation may result in fines, suspension or revocation of the permit, modification of the use, or a combination. The ordinance gives one example of modifying the use: increasing the minimum rental period. So the City's text allows it to change the terms of a rental, not only to fine it.

Section 17-122 lists what can lead to non-renewal, suspension or revocation:

• The short-term rental is a public nuisance.
• There are outstanding and unresolved code violations at the property.
• The permit was revoked within the previous 12 months.
• The applicant has outstanding debts due and owing to the city.
• The property is condemned.
• The property is not eligible for a short-term rental under the article.
• Improvements or alterations were made to the structure without proper permits, and the property has not been brought into compliance after reasonable notice and an opportunity to correct.
• The owner or agent violates the ordinance, the city code, building, zoning or fire codes, or the Illinois criminal code.
• The owner or agent is deemed to have maintained a nuisance premises.

Two items on that list tie directly to the home itself. Unresolved code violations and work done without permits both sit on the list. A buyer who is looking at a house with an unpermitted addition or an open violation should read those lines twice.

The ordinance also includes a process. Section 17-123 says no permit shall be non-renewed, suspended or revoked before a hearing. Under Section 17-124, the City Administrator mails notice by first class mail at least 14 business days before the hearing to the owner and the authorized agent at the address on the most recent application. The notice describes the rental, states that the permit is subject to non-renewal, suspension or revocation, and gives a short statement of the factual allegations. The City Administrator issues a written decision within 10 business days after the hearing closes. That decision is a final determination for purposes of judicial review under the Illinois Administrative Review Law, 735 ILCS 5/3-101 and following.

There is one exception to the hearing-first rule. If the City Administrator has reason to believe immediate suspension is necessary to prevent the threat of immediate harm to the city or the neighborhood, a written order may suspend the permit for not more than seven days without notice or hearing. The suspension can be extended during a hearing on a written determination that it is necessary to prevent the harm.

Revocation has a long tail. Section 17-125 says a permittee whose permit has been revoked is not eligible to reapply for a new permit for one year. Section 17-122 also lists a revocation within the previous 12 months as a reason for non-renewal. So a revoked permit can keep an owner out for a year, and a second application inside that window starts with a ground against it.

One more set of penalties applies to the registry itself. The registration ordinance sets a fine of 50 dollars if contact information is more than 30 days late, 150 dollars for 31 to 60 days late, and up to 750 dollars per day after 61 days, until the owner complies. The City's FAQ states there is no cost to use the registry system, and that it is mandated by law. The FAQ also says registered owners receive automatic emails when there is a Police or Fire incident at the rental and an email notice of pending inspection for Code Enforcement activities.

What the pages read for this guide do not say is also worth stating. They give no permit fee amount, no limit on how many permits the City will issue, no list of zoning districts for short-term rentals and no hotel tax rate. Where a rule is missing from the text, the City confirms it. This guide does not fill the gap with a guess.

Bottom Line

Rockford allows short-term rentals only with an owner's permit, issued through the City's online registry and renewed every year. The permit does not pass to a buyer. The home must meet the occupancy, parking, advertising and local-contact rules in Article VII, and a violation carries a fine between 50 and 750 dollars for each offense, with each day counted separately.

If you are buying with a nightly rental in mind, treat the permit as something you apply for after closing, not something you inherit. Read the sections on occupancy, parking and the local contact before you price the plan. To start looking at homes, browse Rockford real estate listings. For rules on larger buildings, see Rockford multifamily zoning, and the Illinois Real Estate Guide lists every Gambino article.

Before you plan around a rental, here are seven direct questions, each answered from the ordinance text.

Frequently Asked Questions

Gambino Realtors has been in business since 1923 and is based in Rockford. Nothing below is a prediction or a legal opinion. It is a plain reading of what the ordinance and the city's own pages say, plus a note on what the sources do not say. Zoning text changes by amendment, and a 2026 round of amendments is covered near the end, so confirm anything that matters with the City's Zoning office before you buy or build.

What the Ordinance Says, and What It Leaves Out

Start with the structure of the residential use table. Table 20-1 lists the housing types Rockford allows in its six residential districts, which are RE, R-1, R-1U, R-2, R-3 and R-4. The list is short. It names a detached house, a townhouse, a two-unit house and a multifamily building, and a few group and special housing types. It does not name an accessory unit of any kind. Two sentences in the ordinance then close the door on anything missing. Uses identified with a P are permitted as of right, and uses not listed, along with those marked with a dash, are expressly prohibited.

That is the plain answer. There is no rule in the ordinance that says "you may add an apartment over the garage," and there is no rule that says "you may not." There is only a classification system, and a space has to fit one of its boxes. The boxes that matter here are defined as follows.

• A dwelling unit is any room or group of rooms within a dwelling that forms a single habitable unit, with facilities used or intended to be used for living, sleeping, cooking, eating and sanitation by one family.
• A detached house is a building containing one dwelling unit on a single lot with private yards on all sides, typically called a single-family home.
• A two-unit house is a building containing 2 dwelling units, both on a single lot or parcel. The ordinance says it is also referred to as a "duplex" or "two-flat," and that the units are attached and may be on separate floors or side by side.
• Household living means residential occupancy of a dwelling unit by a household with tenancy arranged on a monthly or longer basis.

Look closely at the first definition, because the whole question turns on it. A dwelling unit is defined by what the rooms can do. Sleeping, cooking, eating and sanitation are all listed together. A bedroom suite with a bathroom and no cooking facilities is not described by the ordinance as a separate unit. A set of rooms with its own kitchen and bathroom, set up to be lived in separately, matches the wording of the definition. For those, the answer comes from the Zoning office, not from a general rule you can look up.

The definition of "family" adds one more layer. The ordinance says a family is one or more persons related by blood, marriage or adoption who maintain a common household. It also allows up to but not exceeding 3 persons not so related, provided they maintain a common household and a single housekeeping unit. A single dwelling unit is built around one family and one household. Where there are two separate sets of living, cooking and sanitation facilities, the ordinance has a different name for the building.

The ordinance also contains a section on accessory uses and buildings, Article 57. But the same article contains the sentence that decides the garage apartment question, and it is covered below. First, the second unit inside the house itself.

An In-Law Apartment Inside the House

Suppose a single-family house has been arranged so that one level has its own entrance, its own kitchen and its own bathroom. Read against the definitions above, that building now holds two dwelling units on one lot, which is the definition of a two-unit house. The ordinance does not use the phrase "in-law apartment" to say so, so this is a reading and not a quotation. It is the reading that follows from the text, and it is the one to test with the Zoning office before you rely on it.

If the reading holds, the district matters a great deal. Table 20-1 permits a two-unit house as of right in R-2, R-3 and R-4. It prohibits one in RE, R-1 and R-1U. The map symbol for the parcel is therefore the first thing to check. A house with an in-law apartment in an R-2 district sits in a district that lists a two-unit house as a permitted use. The same house in R-1 sits in a district where the table prohibits that use.

There is one narrow exception in the table, and it is easy to misread. A footnote row in Table 20-1 says that two-family structures that were legally established and originally constructed, as evidenced by the original building permit, before March 28, 2011, on a lot of at least 7,700 square feet, continue as permitted uses in R-1. Each condition is specific. The structure has to have been built as two-family under its original permit. A single-family house that someone later divided does not fit that wording. A buyer who is told that a duplex is "grandfathered" should ask to see the original building permit, because the ordinance names that document as the evidence.

Density is the second gate. The ordinance sets a minimum lot area per dwelling unit for each residential district. In R-2 the figure is 3,850 square feet per unit, and the minimum lot area itself is 8,800 square feet. The ordinance also says that when a maximum comes out as a fraction, it is rounded down to the next whole number. Run the arithmetic for a lot of exactly 8,800 square feet in R-2. Divided by 3,850, it gives 2.29, which rounds down to 2 units. A lot that size supports two units on paper.

Parking is the third gate, and the ordinance speaks to it directly. Its applicability article says that the parking standards apply when additional dwelling units are added to an existing residential building. Additional off-street spaces are required to serve the added units. A lawfully existing parking shortfall does not have to be eliminated, but existing accessory parking may not be reduced below the minimum ratios. The Zoning Officer can require evidence of the existing number of units and spaces.

The numbers in the parking schedule vary by district, and the city's own web page describes them a little differently from the ordinance table. In R-2, the ordinance schedule for detached houses and two-flats is 2 spaces per unit, with at least one required space in a fully enclosed garage. In the other residential districts that allow two-flats, the table shows 1.5 spaces per unit for two-flats. The Zoning Clearance page on the city's site says duplexes are required to have two parking spaces per dwelling unit. Where the two sources differ, the Zoning office is the one that applies the number, so ask it for the figure that applies to a specific address.

It is worth saying plainly what an in-law apartment is not, under this ordinance. A room rented to a roommate inside a single household sits under the family definition above, which allows up to 3 unrelated persons who keep a common household. A separate apartment with its own entrance and its own kitchen is the case the two-unit house definition was written for.

One more rule belongs here, because it governs the paperwork. The ordinance says that any construction or alteration of a building, and any new use of land or a building, must be cleared with the Zoning Officer. A zoning clearance is the statement that comes back. It states the district, any additional regulations that apply, the status of any non-conformity, and, when a specific use is proposed, the parking, sign and other rules that go with it. If the proposal does not comply, no zoning clearance is issued, and the aspects that do not comply are specified. The city's page says the same thing in plainer words: all building permits are subject to zoning review, and for residential additions the use of the property is reviewed for compliance with all zoning requirements.

A Garage Apartment or Other Detached Unit

The detached case is different from the in-law apartment, and the ordinance is more pointed about it. Article 57 gives the Zoning Officer the job of deciding whether a structure counts as accessory. To qualify, the structure has to be subordinate to the principal building in area, extent and purpose. In residential districts it has to contribute to the comfort, convenience or necessity of the occupants of the principal building. It has to be on the same zoning lot. And the text closes the list with a clause that matters for this question: the accessory structure is "not intended for habitation or business use in residential districts."

Take that clause at face value. A detached garage in a residential district is classified as accessory because it serves the house. Not one of them is a place where someone lives. A separate building that holds living, sleeping, cooking and sanitation facilities, in other words a dwelling unit, is described by the definitions as a dwelling, not by the accessory-building definition. The ordinance does not list a detached second dwelling as a permitted use in any residential district, and the table prohibits unlisted uses. A buyer looking at a garage apartment in a residential district should treat the ordinance as unsupportive of the use unless the Zoning office confirms something specific in writing.

The size and placement rules for detached accessory buildings are specific, and they apply to the garage whether or not anyone lives above it. In R-1 and R-1U, the total floor area of detached accessory buildings may not exceed 720 square feet or occupy more than 30 percent of the area of a required rear setback, whichever is greater. In the other residential districts, the allowance is 264 square feet of accessory building space for each required parking space, so a lot that must provide six spaces is permitted 1,584 square feet. No detached accessory building in a residential district may exceed 18 feet in height. It must meet the front yard requirements of the principal structure, and it needs side and rear yards of at least 2.5 feet. The city's Zoning Clearance page gives the everyday version, saying that in many cases the combined square footage of garages, sheds and other accessory uses is 720 square feet, and that larger lots can allow more.

Two further points follow from the text. An accessory building may not be built on a lot before the principal building.

The only apartment the ordinance names as a permitted accessory-style use is the caretaker's apartment, and it appears in a single place. Table 23-1, the use table for the industrial districts I-1, I-2 and I-3, lists "Caretaker's Apartment" as permitted in all three. It does not appear in the residential table or the commercial table. The absence of any such line in the residential table is part of the answer.

Existing Units, Enforcement and Pending Changes

A house may already have a second kitchen, an upstairs apartment or a converted garage. The ordinance has a framework for existing conditions, and it asks three questions in a sequence worth following.

First question: was the unit legally established? The ordinance lets lawfully established uses that do not meet the current rules continue, until they are removed, as nonconformities. They may not be structurally expanded, except for changes required by law, and the intensity of the use may not be increased. The burden of proving that a nonconformity was legally established rests with the owner or the subject property. A use that was not legally established and that existed when the ordinance took effect is a violation and must be discontinued unless it is brought into conformity. The paper trail is the original building permit and anything else that shows the unit existed lawfully.

Second question: has the use been interrupted? A nonconforming use that is discontinued for 12 months forfeits its grandfathered rights, and any later use has to conform to the district. For a buyer, that is the sentence that makes a long-vacant upstairs apartment a different kind of question from one with a continuous history. The Zoning Officer issues a certificate of zoning compliance on request for nonconforming uses that existed at the time the ordinance or an amendment took effect, and a buyer can ask for one.

Third question: what happens if the answer is no? The enforcement article is direct. The Zoning Officer is responsible for enforcing the ordinance and may serve notice requiring removal of a structure or use that violates it. The notice can go to the owner, a tenant, or an architect, builder, contractor or other person who takes part in the violation. Each day a violation continues is a separate offense, and a structure or use contrary to the ordinance is declared unlawful and a public nuisance. Any permit issued in conflict with the ordinance is void, which means a building permit is not a substitute for a zoning review that came out the other way.

What about a variation or a rezoning? The Zoning Board of Appeals meets once a month and hears zoning map amendments, special use permits and variations. A variation has a narrow test. It requires a hardship that comes from the property's physical surroundings, shape or topography, as distinguished from mere inconvenience, and conditions unique to the property. The ordinance also says the purpose cannot be based exclusively on a desire to increase value or income potential, and that the hardship cannot be created by a person who holds an interest in the property. A variation cannot be used in place of a special use permit or a zoning map amendment.

Now the part that is moving. The City's Land Use and Zoning page, read for this guide, still links the ordinance as amended through July 1, 2024. Separately, reports in 2026 describe a package of amendments. A June 2026 WIFR report said the proposal would allow duplexes in R-1 areas, make three-plexes and four-plexes a permitted use in R-2, create an infill overlay district and reduce setbacks from 30 feet to 20 feet. Illinois Policy reported that the proposal would also eliminate the enclosed-garage requirement, and its page carries an August 17 update saying the Rockford City Council has approved zoning code amendments. Neither report mentions accessory dwelling units. The amendment text itself could not be opened for this guide, so this guide cannot say whether the approved language touches in-law or garage apartments. What the reports do suggest is that the district-by-district answers above, especially the R-1 rows, may have changed. The Zoning office has the current text.

State law is the other piece. Two bills in the 104th Illinois General Assembly, House Bills 1709 and 1813, would have limited a municipality's ability to prohibit accessory dwelling units while letting it regulate size and location. As of the date this guide was prepared, the General Assembly's bill status pages for both show their last action as re-referral to the Rules Committee. Neither is law, so Rockford's own ordinance is still the controlling document for what a homeowner may build.

Bottom Line

Rockford's ordinance, as posted by the city and amended through July 1, 2024, has no accessory dwelling unit category. It classifies housing by dwelling units on a lot, prohibits unlisted uses, and says an accessory structure in a residential district is not intended for habitation. An apartment inside a house reads as a two-unit house, which depends on the district. A detached apartment is not described by any permitted residential use. The one apartment the ordinance names outright is the caretaker's apartment, in industrial districts only.

For a buyer, that translates into four things to carry into any showing. Ask which zoning district the parcel is in. Ask for the original building permit and any certificate of zoning compliance. Ask whether the second kitchen or apartment was permitted and has been in continuous use. And ask the Zoning office at 779-348-7158 what the current amended text says, because the 2026 changes were reported after the posted PDF's date. A seller's description of a space is not a zoning determination.

If you are weighing a specific home, the Rockford real estate listings are the place to start, and the district rules for two-unit and larger buildings are laid out in Rockford Multifamily Zoning: Duplexes and Fourplexes. Rental rules are covered separately in Rockford Rental Registration and Inspection Rules. The rest of the library is indexed in the Illinois Real Estate Guide.

Here are short answers to the questions a buyer or owner would ask first, each tied to what the ordinance and the city's pages actually say.

Frequently Asked Questions

If you are working through Rockford real estate listings, the permit question belongs next to the paint and the price. A fence, a shed, a deck or a pool either went in under the City's rules or it did not, and the next owner inherits the answer. Gambino Realtors has been in business since 1923 and is based in Rockford. This guide reads the City of Rockford's own permit pages, its construction FAQ, its pool safety brochure and its zoning ordinance, and it names which office to call for each question.

What Rockford Requires a Permit For

Start with the building permit, because it sets the baseline. The City's Building Permits page says a permit must be obtained before construction, alteration, enlargement, repair or moving of a structure larger than 120 square feet. It also lists three other triggers: demolition of a structure, a change of occupancy, and moving a lot line in a way that affects the required fire rating of an exterior wall. The general Permits page is wider still. It says permits are required for the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure, along with the appurtenances connected to it and its accessory structures. It then points to a set of amendments that carve out exemptions.

That wording matters because it is broader than the word "building" suggests. A detached garage, a deck and a shed are all structures. The permit rule starts from the idea that they need approval, and the exemptions are the exception.

Roofing is a good example of a job that looks routine and is not. The City's page says building permits are required for all roofing work, as State law requires. Roofing contractors must hold a license from the State of Illinois, which the page names as the Department of Professional Regulation. General contractors, by contrast, are not required to be licensed. The City's FAQ adds a limit on layers. A roof may carry no more than two layers of any kind of roofing, except wood shake, slate, clay or cement, which permit only one.

The same FAQ draws a line on trade work. A homeowner may install plumbing, mechanical or electrical work in their own home if they live in that single family dwelling. Otherwise the work must be done by a licensed plumbing or mechanical contractor, or by a registered electrician. The line the FAQ draws is about who lives in the dwelling.

Now the exemptions, because they are where the confusion starts. The City's FAQ lists the work that does not need a building permit. Several items matter to a homeowner:

• One-story detached accessory structures used as decks, tool storage sheds, playhouses and similar uses, as long as the floor area does not exceed 120 square feet and the structure is not supported by another structure.
• Retaining walls that are not over 4 feet in height, measured from grade at the bottom to grade at the top of the wall, unless they support a surcharge or impound certain liquids.
• Sidewalks and patios not more than 30 inches above adjacent grade, not over any basement or story below, and not part of an accessible route.
• Painting, papering, tiling, carpeting, cabinets, countertops and similar finish work.
• Swings and other playground equipment.
• Replacement of doors or windows, provided the size is not changed and no fire rating is required.
• Prefabricated swimming pools that are less than 24 inches deep.

Read that list for what it leaves out. A deck that is attached to the house is supported by another structure, so it does not fit the first item. A shed over 120 square feet does not fit it either. A retaining wall over 4 feet does not. A patio raised more than 30 inches above grade does not. Each of those falls back to the general rule that a permit is required. The City's FAQ also limits the wall and ceiling covering exemption. It applies only when not more than half of the coverings in a room are removed, the coverings are not part of a fire rated assembly, and no structural elements in hazardous condition are exposed.

Additions come with their own layers. The Zoning page says all building permits are subject to zoning review, and that applications for additions or enlargements to residential property are checked against front, rear and side setback restrictions and against the use of the property. On the construction side, the FAQ says detached single family and two-family wood-frame dwellings not more than two stories plus a basement do not need construction documents prepared by a design professional. New construction, including additions, for all other types of structures requires documents sealed by an Illinois licensed design professional under State law. The FAQ also lists frost footings at 42 inches below grade. For the full inspection sequence on larger projects, see our guide to Rockford new construction permits, inspections and certificates of occupancy.

Two more items round out the homeowner list. Driveway permits are required when constructing or reconstructing driveways for one and two-family properties, and the City says curb cuts and sidewalks also require permits. And enclosing an existing rear open porch can run into rear or side setback limits. The zoning ordinance gives the Zoning Officer authority to approve an administrative adjustment for that situation on a legally established building, but only where the setback is the sole thing that would otherwise prohibit the enclosure.

Fences, Sheds, Decks and Pools, One at a Time

Each of the four has its own rules, and each is handled by a slightly different part of the City. Fence permits are issued through Zoning. Pools run through the building permit, with a zoning check on where the pool sits. Sheds and decks sort themselves by size and by whether they are attached.

Fences first. The City's Fence and Dumpster Enclosure Permits page says a fence permit is required prior to installing a new fence, replacing an existing fence, or repairing a fence when new posts are required. Fees are based on the zoning of the lot. The FAQ answers the replacement question directly. A fence permit is required for new fences and for the replacement or major repair of an existing fence, and the permit exists so that the owner is protected from the cost and inconvenience of having to comply with the ordinance after the fence has been built.

The zoning ordinance supplies the details. The application goes to the Zoning Officer with a detailed fence plan that shows construction and elevation drawn to scale. A permit is valid for 120 days from approval by zoning staff. If it lapses before the fence is finished, a new permit and another fee are required. Height depends on the yard. In a front yard, a fence may be up to 4 feet high, measured from existing grade, and it must be a decorative fence of wood, masonry or wrought iron. Chain link is not allowed there. Along an arterial street, a lot that fronts both the arterial and a second parallel street, with the house facing the second street, may have a 6-foot fence limited to the arterial frontage. In side and rear yards, a fence may be up to 6 feet high, with two limits. No sight-obstructing fence over 4 feet high may sit within 2.5 feet of an alley, and no sight-obstructing fence of any height may sit within the sight triangle where streets or alleys meet. The ordinance sets the start of the side or rear yard at the required front setback line or the existing setback of the house, whichever is less.

Materials and finish are regulated too. The finished side must face the neighbor or the street, and the posts go on the inside, unless the fence is built to look the same on both sides. Barbed wire, spiked railing and electric fences are unlawful in residential and commercial districts. Slats or fabric are prohibited as part of a permanent fence. The ordinance names the customary materials as chain link or metal of not less than 11 gauge, wrought iron, aluminum, treated or decay-resistant wood, PVC, concrete and masonry. It names the prohibited ones too: chicken wire, welded mesh wire, corrugated or sheet metal, solid plywood, scrap lumber, common concrete, cinder block, and construction or snow fencing used as permanent fencing. A fence that violates the article carries a fine of not less than 50 and not more than 750 dollars for a first offense, with a higher minimum of 250 dollars for third and later offenses.

Sheds are governed by two separate tests. The first is the building permit test. A one-story detached shed of 120 square feet or less that is not supported by another structure is exempt from the building permit. The second is zoning, which the exemption does not touch. The City's Zoning page says accessory structures, garages, decks, fences, pools and porches are regulated by the Zoning Ordinance, must meet setback requirements that vary by lot type, and are limited to a permitted combined area. The page gives 720 square feet as the combined total of garages, sheds and other accessory uses in the ordinary case, with larger lots permitted more.

The ordinance spells out the math. In R-1 and R-1U districts, the total floor area of detached accessory buildings may not exceed 720 square feet or occupy more than 30 percent of the area of a required rear setback, whichever is greater. In other residential districts the figure is 264 square feet for each required parking space. A detached accessory building in a residential district may not exceed 18 feet in height, and it may not be built before the house it serves. Side and rear yards of at least 2.5 feet are required, and eaves and gutters may overhang one foot into that space. Next to an alley, the setback from the alley right-of-way is 2.5 feet. A shed may sit in a side or rear setback but not in a front one, according to the setback table for residential districts. Which district a lot falls in, and so which of these limits applies, is a question for the Zoning office at 779-348-7158.

Decks get their own paragraph because the permit exemption and the zoning rule point different ways. The ordinance defines a deck as a wooden platform raised above the ground and anchored to the ground. The permit exemption for a deck is the same 120 square foot, one-story, not-supported-by-another-structure test as for a shed. A deck attached to a house fails that test because the house supports it. So an attached deck falls under the general permit rule, and zoning still reviews where it sits. The residential setback table allows decks and swimming pools at least 6 feet from a property line to encroach into a required side or rear setback, but not into the front. Decks, patios and detached accessory structures must also stay at least 10 feet away from any on-site stormwater detention facility.

Pools come with specific safety language. The City's Swimming Pools page says a permit is required for any structure intended for swimming, recreational bathing or wading that contains water over 24 inches deep. The list includes in-ground, above-ground and on-ground pools, hot tubs, spas and fixed-in-place wading pools. Private pools serving not more than four dwelling units need a City permit. Every pool must be enclosed with a fence or other barrier 48 inches high, with openings of no more than 2 inches from the bottom to grade and no more than 4 inches within the barrier. The pool safety brochure adds that access gates must be lockable and self-latching, and that pedestrian access gates must swing outward and close on their own.

The brochure also explains why the City wants a permit at all. It lets the City verify that the pool will not sit in an easement, floodway or property setback, that the barrier requirements are met, and that the pool is in the rear or side yard as the Zoning Ordinance requires. It also lets the City inspect the pool once it is installed. A pool that went in without that review may be fine.

One more layer applies near the river. The Rock River Overlay covers properties within 100 feet of the top of the bank of the Rock River and calls for a minimum 50-foot riverfront setback for new development, including buildings, structures and parking. One exemption in the ordinance covers an addition or new accessory structure set back at least 30 feet from the top of the bank. Anything else that cannot meet the 50 feet needs a variation from the Zoning Board of Appeals.

When Work Skips the Permit, and What a Buyer Can Ask

The City is plain about the cost of skipping a permit. The FAQ says work started without a permit is subject to a fine that is substantially larger than the cost of a permit. For fences, the ordinance gives a specific path. A fence built before the permit must be removed if it violates the ordinance. If it meets every restriction, it may stay only if the owner obtains a permit within 30 days after notice from the City, at double the regular fee.

The City also explains the reason behind the system. Permits allow the City to enforce adopted codes through plan review and inspection. The permit must be posted where it can be seen from the street or at the primary entrance before work begins, and no inspection takes place without it. Inspections are scheduled online or by phone at 779-348-7158, and must be requested one full business day ahead. The Inspections page states that any active permit requires a final inspection, and it names siding, furnace insulation, meter swaps, residential roofing and demolition work among the jobs that do. For an addition or alteration, the Building Permits page says a Certificate of Final inspection may be issued if requested or at the department's discretion. A new house gets a Certificate of Occupancy on passing final inspection.

That is the record a buyer wants. A permit that was issued and closed out with a final inspection tells you the work was reviewed. No permit at all, on work that required one, is a gap you can ask about before you sign.

The Illinois seller disclosure report is the first place to look, but it has limits. It must be delivered before a contract is signed. Item 23 asks whether the seller has received notice of a violation of local, state or federal laws or regulations relating to the property that has not been corrected. Item 22 asks about boundary or lot line disputes, which can matter when a fence is on or near a line. The form defines "aware" as actual notice or actual knowledge without any specific investigation or inquiry, and the Act says the seller is not obligated to make any specific investigation to complete the report. So the form captures what the seller knows. A deck built by a prior owner and never permitted may not appear on it. Our guide to the Illinois seller disclosure report in Rockford walks through the full form.

The pages the City publishes do not describe a public search of permit history by address. They describe how to apply for a permit and how to schedule an inspection. So the practical step is to ask. The Construction and Development Services office is on the first floor of City Hall at 425 East State Street, and the main number on the inspection and zoning pages is 779-348-7158. Ask what permits are on record for the address, and ask the seller for copies of any permit, final inspection record or Certificate of Final inspection from the work you can see. A home inspector can tell you what the work looks like. Our guide to what the Rockford home inspector checks covers the first half of that, and the Rockford property maintenance code guide covers what the City expects of a building once it is in use.

Bottom Line

In Rockford, assume a permit is needed for a fence, a pool of any kind over 24 inches deep, an attached deck, an addition, a re-roof and any structure over 120 square feet. A detached shed or deck of 120 square feet or less, standing on its own, is exempt from the building permit but not from zoning. When you are buying, treat a fence, pool, deck or addition with no paperwork as a question to settle before closing. The disclosure form will only tell you what the seller knew, so ask the City directly.

The City sets the rules, and you can see how they apply to a specific house once you are looking at one. If you are comparing homes, our Rockford real estate listings page is the place to start, and the permit questions above are worth having in hand at the showing.

Permit rules decide what you can change after you buy and what to ask before you do. Here are the questions that come up when a Rockford home has a fence, a pool, a deck or a shed.

Frequently Asked Questions

Which Land And Which Text

The county's Unified Development Ordinance says it applies to all land, uses and structures within the unincorporated limits of Boone County. It also governs a property that has an annexation agreement with a municipality more than 1.5 miles away. Land inside a city or village sits outside that reach. The county's building page puts the same point from the other direction: if an address is being rejected in the online permit system, it may not be located within the county's jurisdiction. For land inside Belvidere, read the Belvidere flood zones guide instead of this one.

Two county documents matter here, and they do not line up neatly. The first is Section 3.13 of the zoning ordinance, titled Floodplain Overlay District. The County Board adopted it in its current form by Ordinance 11-04 on January 19, 2011, and it is the section the county's posted code on Municode still shows. That code is current through Ordinance 24-08, adopted April 26, 2024. The county's local amendments to the residential building code refer to a floodplain ordinance as well. In the table of design criteria, the line for flood hazard reads "See Floodplain Ordinance."

The second document is newer. The Planning Department page says the final Boone County Unified Development Ordinance and Zoning Map were adopted June 18, 2026. The ordinance PDF posted by the county is dated June 23, 2026, and it calls itself Appendix A of the Boone County Code of Ordinances, the same appendix that held the older zoning ordinance. A text search of that PDF finds no floodplain overlay district and no floodplain development permit section. It does contain a Special Flood Hazard Area review for subdivisions, definitions of floodplain, floodway and flood fringe, and several limits that keep floodplain land out of required open space and land donations. The effective date line in the PDF is still a placeholder that reads "MONTH DATE, 2026."

So here is the honest position. The pages the county has posted do not say whether the 2011 floodplain section carries forward unchanged, has been replaced, or is handled somewhere else. This guide reports the 2011 text because it is the only floodplain permit text the county has published that a reader can open, and it reports what the new ordinance does say. Before you rely on either, ask the Planning Department at 815.547.4770 which text governs your parcel and ask for the page. The new ordinance also has a transition rule. A zoning certificate or building permit issued before the effective date may be completed if construction began within six months after it was issued.

Floodplain permits are also separate from the county's stormwater work. The Storm Water and Pollution Control page describes a program of pollution controls for the Belvidere and Boone County area, including construction site storm water runoff control and post construction storm water management in new development and redevelopment. The floodplain permit is a different permit with its own application.

The new ordinance does add two general triggers that can apply to a floodplain parcel without saying the word flood. Site plan review is required for any development that requires stormwater management or the grading of land. Agricultural land and buildings are excepted to the extent state law authorizes. A zoning certificate, the basic zoning approval, must be approved, approved with conditions or denied within 30 days of a complete application.

What Counts As Floodplain, What Counts As Development, And What The Permit Asks For

The 2011 section defines the floodplain and the special flood hazard area as the same thing. They are the lands subject to inundation by the base flood. The streams it names are the Kishwaukee River and the North Kinnikinnick, South Kinnikinnick, Beaver, Mosquito, Picasaw, Meander, Mud and Coon Creeks. Their floodplains are generally identified on the panels of the countywide Flood Insurance Rate Map prepared by FEMA and dated February 18, 2011. The definition also takes in areas of known flooding that the community has identified.

The district boundaries follow the 100-year flood profiles in the Flood Insurance Study of Boone County dated February 18, 2011, together with the soil survey for the county. The floodway is the portion required to store and convey the base flood. The flood fringe is the portion outside it. The new ordinance carries the same split in its definitions. It describes the floodplain as including both the floodway and the flood fringe.

The protection standard is the base flood, and the number that matters for a building is the flood protection elevation. That is the elevation of the base flood plus one foot, a margin the code calls freeboard. For the named streams, the base flood elevation comes from the 100-year profiles in the 2011 study. Where a floodplain is mapped as an AH or AO zone, the elevation or depth is the one on the countywide map. For other mapped A zones, the code uses the data available from federal, state or other sources, and if none exists the applicant pays for an engineering study.

The same section gives a landowner a way to disagree with the map, and it puts the cost on the person disagreeing. Whoever disputes the data must finance a detailed engineering study and submit it to FEMA and to the Illinois Department of Natural Resources Office of Water Resources for approval before development of the site. The code also recognizes a survey. Land shown by survey data to be higher than the current base flood elevation, and not filled after the date of the site's first flood insurance rate map, is not in the floodplain for purposes of the section. The reverse also holds. Land shown to be below the base flood elevation and hydraulically connected is subject to the section even if the current map does not show it.

Development is defined broadly, and the definition is why a small project can need a permit. It covers demolition, construction, reconstruction, repair, placement of a building and any structural alteration. It covers a substantial improvement, installing a manufactured home, and putting a travel trailer on a site for more than 180 days per year. It covers utilities, roads, bridges and culverts, and it covers levees, dams, walls and fences. It covers drilling, mining, filling, dredging, grading, excavating and paving. It covers storing materials, including gas and liquid storage tanks, and any activity that might change the direction, height or velocity of flood or surface waters. Routine maintenance of existing buildings, resurfacing roads, gardening and plowing are excluded, as long as they do not involve filling, grading or building levees.

The section also limits what may be done in the district at all, whatever the underlying zoning says. The permitted uses are agriculture and row crop production, wholesale nursery stock, orchards and vineyards, land and water conservation practices, artificial lakes of five acres or less, public parks and playgrounds, towers under 200 feet, a landing area for five or fewer ultra-light air vehicles, and accessory uses and buildings. Other uses need a special use, among them larger lakes and marinas, earth materials extraction, airports, outdoor commercial recreation, seasonal tourist attractions and a public camp. Setbacks come from the underlying district. Maximum height is two and one-half stories or 30 feet, whichever is less. The list does not name a house, so a buyer who wants to build new on mapped land should ask the county how the section treats it.

The permit itself is short to describe. No person or body not exempted by law may commence development in the floodplain without a development permit from the zoning enforcement officer, and the officer may not issue it if the proposal does not meet the section. The application must include scaled drawings of the site with property line dimensions, existing grade elevations and every change in grade from excavation or filling, and the location and dimensions of all buildings and additions. It must give the elevation of the lowest floor, basement included, of any proposed building covered by the building standards. It must also include the cost of the project as estimated by a licensed engineer or architect, though a signed contractor estimate may meet that requirement.

The officer then compares the site elevation to the base flood elevation and keeps documentation of the existing ground elevation. The officer must collect copies of all other federal, state and local permits, approvals or permit-not-required letters, and does not issue the floodplain permit until they have all been obtained. Fees are set by the County Board. The pages read for this guide give no fee figure. When the work is finished, the owner applies for an occupancy permit. The code makes it unlawful to use or occupy a building or development site in the special flood hazard area without one, and it requires an as-built elevation certificate prepared by a registered land surveyor before the occupancy certificate is issued.

Separate from the floodplain permit, the Building and Zoning Department takes building permit applications for unincorporated Boone County through the online Cloudpermit system. Its page says that most structures require site plan approval from the Health Department before the building permit is released, and that a property inside a subdivision may need approvals from the association as well. The guide to buying land in Boone County covers the well and septic side of that process.

What A Building In The Floodplain Has To Meet, And What To Check Before You Buy

The building standards in the 2011 section apply in defined situations, and they are cumulative over the life of a building. They apply to a new building or the placement of one. They apply to an alteration or addition to an existing building valued at more than one thousand dollars or 70 square feet. They apply to a substantial improvement, which means work that equals or exceeds 50 percent of the structure's market value before the work starts or increases the floor area by more than 20 percent. They apply to repairs to a substantially damaged building, which means damage that equals or exceeds 50 percent of market value regardless of the repair work actually done, and volunteer labor and materials count toward the figure. They apply to installing a manufactured home on a new site, to a travel trailer or recreational vehicle on a site more than 180 days per year, and to a repetitive loss, which is flood damage on two separate occasions in ten years where repairs each time equaled or exceeded 25 percent of market value. When a building is substantially improved or substantially damaged, the whole structure must meet the standards, not only the new part.

There are three ways to meet the standard for a residential or non-residential building. The first is permanent land fill. The lowest floor, basement included, must be at or above the flood protection elevation. The fill goes down in layers no greater than six inches before compaction. It extends at least ten feet beyond the foundation before sloping below the flood protection elevation. It must be protected against erosion and scour, it must be rock or soil without debris, and it may not adversely affect drainage from or onto neighboring properties.

The second way is to raise the building on stilts, piles, walls, a crawlspace or another foundation that is permanently open to flood waters. The lowest floor and all electrical, heating, ventilating, plumbing and air conditioning equipment and utility meters must be at or above the flood protection elevation. If walls enclose space below that elevation, the design must let flood water enter and leave automatically, either by an engineer's certification or by at least two permanent openings with one on each wall and no more than one foot above grade. The openings must total at least one square inch of net area for every square foot of enclosed area. The space below may be used solely for parking or building access and may not later be modified or occupied as habitable space.

The third way is a crawlspace below the flood protection elevation, under a stricter list. The building must be anchored against flotation, collapse and lateral movement. The interior grade of the crawlspace may be no more than two feet below the lowest adjacent exterior grade. The interior height may not exceed four feet at any point. It needs openings that equalize pressure, a drainage system that clears flood water within a reasonable period, materials resistant to flood damage below the flood protection elevation, and utility systems placed above it.

A non-residential building may be dry flood-proofed instead of raised, but only if a licensed professional engineer or architect certifies it. Below the flood protection elevation the structure must be watertight and able to resist the base flood. The measures must work without human intervention and without an outside source of electricity. Levees, berms and flood walls do not count as flood-proofing. The flood-proofing option is written for non-residential buildings only.

Here is a concrete case. Suppose a parcel touches one of the named creeks and the owner wants a detached garage. The code gives a path for a garage or shed ancillary to an existing residential use, and the path has conditions. The structure must be non-habitable and used only to store vehicles and tools, and it cannot later be converted to another use. It must sit on a single family lot as an accessory to an existing principal structure on the same lot. It must be outside the floodway or have the appropriate state and federal permits. Below the base flood elevation it must be built of materials not susceptible to flood damage, and all utilities must sit above the flood protection elevation. It needs at least one permanent opening on each wall not more than one foot above grade, with one square inch of opening for every square foot of floor area. It must be anchored against flotation and overturning, flammable and toxic materials must be stored above the flood protection elevation, and the owner must be advised of the flood insurance implications.

Inside a floodway, and in any floodplain where no floodway has been mapped, the rule is stricter. No development is allowed that, combined with existing and anticipated development, causes any increase in flood heights or velocities or threat to public health and safety. The code lists activities that meet that test under the state's statewide permits, such as underground utility lines, wells or septic tanks that do not cross a stream, sidewalks, driveways and patios, properly anchored open structures like carports, and the raising of an existing building without changing its outside dimensions or placing fill. Each comes with its own conditions, and the minor activities in that group cannot involve fill or a positive change in grade.

Other standards cover what is stored and what is buried. Chemicals, explosives, buoyant materials, flammable liquids and pollutants may not be placed below the flood protection elevation unless they are in a flood-proofed, anchored tank certified by an engineer or in a flood-proofed building. New and replacement on-site sanitary sewer lines and waste disposal systems must be located and built to avoid impairment or contamination during flooding, and manholes or openings below the flood protection elevation must be watertight. That standard reaches septic systems as well.

The applicant goes to the zoning board of appeals, which makes a recommendation to the County Board. The applicant has to show that the development cannot be located outside the floodplain, that an exceptional hardship would result without the variance, that the relief is the minimum necessary, that there is no additional threat to public health or safety and no additional public expense, that the circumstances are unique, and that all other state and federal permits have been obtained. The zoning enforcement officer must also notify the applicant in writing that a variance from the building protection standards will increase flood insurance premium rates, up to twenty-five dollars per hundred dollars of coverage, and that the applicant proceeds with knowledge of the risk.

On penalties, the 2011 section treats failure to obtain a permit, or failure to meet its conditions, as a violation subject to the penalties in section 2.5.9 of the older zoning ordinance. The pages read for this guide do not give a figure from that section that could be confirmed. The new ordinance's general enforcement rule is a fine of five hundred dollars for each violation, with each day a separate offense, and the owner may be held responsible for the county's legal expenses. The 2011 definitions also say a structure or development without the required federal, state or local permits and elevation certification is presumed to be in violation until the documentation is provided. Whichever text governs, a buyer should ask what permits exist for work already done on the parcel.

What should a buyer check? Start with the map. FEMA's pages explain that a flood insurance requirement applies if you own a home in a Special Flood Hazard Area and have a government-backed mortgage, and that some banks require flood insurance even outside a high-risk zone. Zones A, AE, AH, AO, AR and A99 are the high-risk zones. Building policies cover up to 250,000 dollars of damage and contents policies up to 100,000 dollars, and coverage goes into effect 30 days after purchase unless the policy is bought while making, increasing, extending or renewing a mortgage.

Next, ask for paper. The county's floodplain section directs the zoning enforcement officer to keep a record of the as-built elevation of the lowest floor or the flood-proof certificate, and to keep base flood data, floodplain maps, copies of permits and compliance documents available for public inspection. FEMA says that even outside the highest-risk zones it is worth checking whether a property has an elevation certificate on file. An elevation certificate shows how high a building sits compared with how high local floodwaters are expected to get. Then read the seller's side. The Illinois disclosure report asks the seller whether the seller currently has flood hazard insurance, whether the seller is aware of flooding or recurring leakage in the crawl space or basement, and whether the seller is aware that the property is located in a floodplain. The form defines aware as actual notice or actual knowledge without any specific investigation or inquiry, so it records what the seller knows. The guide to the Illinois seller disclosure report walks through the form.

Bottom Line

Boone County's published floodplain permit text, Section 3.13 of the zoning code, says no development in the floodplain starts without a development permit, and the permit is gated on every other federal, state and local approval. Building standards follow the flood protection elevation, which is the base flood plus one foot, and they reach any substantial improvement or substantial damage over the life of a building. The new Unified Development Ordinance adopted June 18, 2026 does not repeat that section in the PDF the county posted, and the pages do not say which text controls, so confirm it with the Planning Department before you buy, build or fill. If you are comparing homes for sale in Boone County outside the cities and villages, put three questions to the county for each parcel. Is any part of it in the mapped floodplain or a known flooding area? What permits and as-built elevation records are on file? Which ordinance text applies today? For everything else we have written about the area, the Illinois Real Estate Guide lists every article.

The questions below are the ones a reader of the county's code is likely to want settled before calling the county.

Frequently Asked Questions

If you are comparing homes for sale in Stillman Valley, this guide lays out what the public record says about flood risk and where it goes quiet. Gambino Realtors has been in business since 1923 and is based in Rockford. Everything below comes from FEMA's Flood Insurance Study for Ogle County, the county's hazard mitigation plan, the county's flood ordinance and planning pages, FEMA's FloodSmart site and the state's seller disclosure form, all read in October 2026. The village's own flood ordinance could not be found online, and the guide says so where that matters.

Which Waters Reach Stillman Valley, And Which Do Not

The Kyte River is one of the named rivers in Ogle County's flood documents, so it is fair to ask whether it matters here. The county's flood page names the Rock, Kishwaukee, Kyte and Leaf Rivers as examples of riverine systems in the county. It says their floodplains typically flood in spring or summer and are subject to periodic flooding from excessive rainfall, ice jams or debris jams. FEMA's study describes the Kyte as a tributary of the Rock River that drains 30 square miles and flows south and southwest along the eastern edge and southern portion of Rochelle. The county plan lists the Kyte River as a flooding water body for Hillcrest, for Rochelle and for the unincorporated county. For Stillman Valley the plan lists a single name, Stillman Creek.

That gives a buyer a plain starting point. The county's own table points to Stillman Creek for the village. Both streams sit on the same FEMA map. The countywide Flood Insurance Rate Map dated August 17, 2016 covers the Kyte River, Stillman Creek and the Rock River together, and the 2016 revision added new analyses of the Kyte River watershed and of the Rock River.

Stillman Creek is a studied stream in that FEMA report. FEMA's detailed analysis, the kind that produces numbered base flood elevations, covers the creek from its confluence with the Rock River to approximately 24,900 feet upstream, at County Highway 4, which the study also calls Stillman Road. At the Rock River confluence, FEMA records a drainage area of 61.2 square miles and a flow of 6,740 cubic feet per second for the one-percent-annual-chance flood. The floodway table for the creek runs through ten cross sections, lettered A to J, from 1,700 feet to 21,660 feet above the confluence. For the 2016 revision, FEMA also applied the backwater effects from its new Rock River study to Stillman Creek and to Mill Creek.

What the study does not do is tie that studied reach to village streets. The published text gives distances from the Rock River, not street names or lot lines, so the only way to learn whether an address touches the mapped creek is to look the address up on the map itself. The county's flood page lists four places to do that: FEMA's Map Service Center, the Illinois Department of Natural Resources flood maps, Ogle County GIS and FEMA's National Flood Hazard Layer for Google Earth.

The plan puts a number on the village. Its table of existing residential structures located within a base floodplain, prepared by Ogle County GIS from the effective flood maps, shows two for Stillman Valley. The plan's 2010 figures for the village are a total area of 0.543 square miles and 447 housing units, so the count is two structures in a village of a little over half a square mile. The plan also says that Hillcrest, Leaf River, Oregon, Rochelle and Stillman Valley are susceptible to riverine flooding because of their proximity to floodplains.

For its dollar-loss estimates the plan makes a scenario assumption. It assumes Stillman Creek overflows its banks and floods the northern edges of the village. That is a planning scenario and not a forecast. The plan's list of verified flash flood events by jurisdiction, covering 1996 to 2017, has no entry for Stillman Valley. The plan is just as clear about the limit of such a list. It records that county and municipal officials have reported overland flood issues outside the base floodplain, that this overland flooding is known to impair travel, and that only 4.6 percent of the county's land lies within the base floodplain while nearly the entire county is vulnerable to flash flooding. It does not single out Stillman Valley. FEMA's own map notes add that the map "may not identify all areas subject to flooding, particularly from local drainage sources of small size."

One property-level fact from the plan is worth knowing. In 2018 the village completed a new wastewater treatment plant with a capacity of 200,000 gallons per day, built north of town and, in the plan's words, outside the 100-year floodplain. The plan lists the project among the village's completed mitigation actions.

Who Enforces The Rules And What The County Ordinance Says

Ogle County adopted its current Flood Damage Prevention Ordinance as Ordinance O-2016-0505 on May 17, 2016, effective August 17, 2016, the same day the current FEMA map took effect. It sits in Chapter 16, Division 10 of the county code. The first thing to read in it is who it covers. The ordinance names the county Planning and Zoning Administrator as the Floodplain Administrator for floodplains within the county but outside the boundaries of any incorporated city or village. Stillman Valley is an incorporated village. By its own terms, then, the county administrator's job covers land outside village limits.

The plan says the village has its own floodplain zoning ordinance, adopted in 2016 according to its participation table. That table lists the village's NFIP participation date as July 25, 2016 and its Community Rating System participation as no. The text of the village's ordinance is not something this guide could read, because the village's website could not be reached and no copy turned up on the county's pages. The plan also lists, as actions for the Village Board, making the newest flood maps available at the Village Clerk's office and making village officials aware of the maps and of construction in a floodplain. Those entries carry the status "new," so they read as intentions and not as proof of a counter service.

That leaves a careful reading of the county ordinance. It is not a quotation of the village code. If you are under contract on a Stillman Valley property that touches a mapped floodplain, ask the village for its ordinance in writing and ask what it requires before any permit.

Here is how the county ordinance works. It starts with the base flood, defined as the flood with a one percent chance of being equaled or exceeded in any given year, also known as the 100-year flood. The standard for buildings is the flood protection elevation, which is the base flood elevation plus one foot of freeboard. The ordinance explains freeboard as a margin for uncertainties in calculations, future watershed development, unknown localized conditions, wave action and ice or debris jams. FEMA's study puts the one-percent label in perspective. It says the risk of a one-percent flood in any 50-year period is approximately 40 percent, and over 90 years approximately 60 percent. Run the same arithmetic over a 30-year mortgage and the chance of at least one such flood is about one in four.

The floodway and base flood elevation for a list of named streams, which includes the Kyte River, the Kyte River Overflow, the Rock River and Stillman Creek, come straight from the August 17, 2016 map and study. For any other floodplain the ordinance falls back on the best available data. If you disagree with the data, the ordinance puts the burden on you. The disagreeing party pays for the detailed engineering study and submits it to FEMA and to the Illinois Department of Natural Resources, Office of Water Resources, for approval before developing the site.

The ordinance also looks past the printed map. When someone applies for a permit, the administrator compares the site elevation with the base flood elevation. Development on land below the base flood elevation and hydraulically connected to a flood source is covered even if the current map does not show it as floodplain. Land that survey data shows to be higher than the base flood elevation, and that has not been filled since the date of the site's first flood map, is outside the floodplain and outside the ordinance. The county page says the same thing in plainer terms. If there is uncertainty about whether a property is subject, the applicant must provide certified information on the elevation of the site in relation to the 100-year floodplain boundaries.

The word that triggers a permit is development, and the definition is wide. The ordinance defines it as any man-made change to real estate, and lists demolition, construction, reconstruction, repair, placement of a building, structural alteration, utilities, roads, levees, walls or fences, filling, grading, excavating, paving and the storage of materials, including gas and liquid storage tanks. Routine maintenance of existing buildings, resurfacing roads, gardening and plowing are left out. The county itself calls the ordinance "fairly restrictive" and says it allows only limited development activity without variation.

Building rules apply once the work passes certain thresholds. The protection standard applies to a new building, or an alteration or addition, valued at more than one thousand dollars or 70 square feet. It also applies to a substantial improvement, which is work that costs half or more of the building's market value before the work starts, or that increases the floor area by more than 20 percent. The ordinance counts these cumulatively since May 20, 2003, and treats the first alteration of any wall, ceiling, floor or structural part as the start. Projects needed only to fix an existing health, sanitary or safety code problem are excluded, as are alterations to structures on the National or Illinois Register of Historic Places. Substantial damage works the same way at the same fifty percent, and a building that is substantially damaged must be brought entirely into compliance within 24 months of the damage.

The ordinance offers three ways to meet the standard. Permanent fill must bring the lowest floor, basement included, to or above the flood protection elevation, with the fill placed in layers no greater than six inches before compaction, extending at least ten feet beyond the foundation, protected against erosion and made of rock or soil only. A raised building may stand on stilts, piles, walls, a crawlspace or a foundation permanently open to floodwaters, with the lowest floor and the electrical, heating, ventilating, plumbing and air conditioning equipment and utility meters at or above the flood protection elevation. Enclosed areas below that level need at least two flood openings, one on each wall within one foot of grade, with one square inch of opening for each square foot of enclosed area, unless an engineer certifies the design. The third path is a crawlspace below the flood protection elevation, which must be anchored, have flood openings, sit no more than two feet below the adjacent exterior grade on the inside, measure no more than four feet tall inside, and have drainage and flood-resistant materials and utilities above the flood protection elevation.

A non-residential building has one more option, dry floodproofing, with a licensed engineer or architect certifying that the structure is watertight below the flood protection elevation and works without human intervention or outside electricity. Levees, berms and floodwalls do not count as floodproofing. A manufactured home or travel trailer that is permanently installed must be raised and anchored under the Illinois Mobile Home Tie-Down Act rules, and a recreational vehicle that stays on a site more than 180 days a year faces the same standard unless it meets a list of conditions.

A garage or shed that is accessory to an existing residential use can be permitted if it is not habitable, holds only vehicles and tools, sits outside the floodway or has the needed state and federal permits, and has flood openings on each wall within one foot of grade. It must also be anchored, use flood-resistant materials below the base flood elevation, keep utilities above the flood protection elevation and store flammable or toxic materials above that level. The size limit is 576 square feet, which is 24 feet by 24 feet. The printed ordinance gives its value limit two ways in the same sentence, ten thousand dollars in words and fifteen thousand in figures, so ask the department which figure it applies before you plan a build.

The penalty provisions matter to a buyer because a notice of violation can be recorded on the title. After ten days of written notice without a fix, the county may seek an injunction, the fine runs from fifty to five hundred dollars, each week is a separate offense and the county may record a notice of violation on the title. The administrator must also tell the owner that the violation may cause the standard flood insurance policy to be suspended. A stop-work order is issued in writing. In the ordinance's own disclaimer, larger floods may occur than the standard assumes, and nothing in the rule promises that development inside or outside the floodplain will be free from flooding or damage.

Flood Insurance, Lenders, Maps And The Seller Disclosure

Flood insurance is available through the National Flood Insurance Program where the community participates, and the county's hazard plan shows Stillman Valley as a participant since July 25, 2016. FloodSmart says flood insurance is required if you own a home in a Special Flood Hazard Area and have a government-backed mortgage, and that some banks require it even outside high-risk areas. Homeowners insurance does not fulfill that mortgage requirement. The county's flood page adds that flood losses are not typically covered under renter and homeowner policies.

There is also a rule that follows the property. FEMA says that if a property has received federal disaster assistance before, flood insurance is required to qualify for future assistance, and that this requirement is tied to the property and not to an individual homeowner. A buyer who purchases a house that once received disaster aid inherits that requirement.

Timing matters. FloodSmart says a new policy goes into effect 30 days after purchase, with exceptions, including no wait when the policy is bought while making, increasing, extending or renewing a mortgage. The county's flood page also tells readers not to delay, and notes that flood insurance is available whether the building is inside or outside an identified flood-prone area. FEMA adds that over the past 10 years, nearly one-third of National Flood Insurance Program claims came from outside the high-risk zones.

On cost, FEMA's page gives no figure for any village. It says the rate comes from where the property is built, how it is built and what it would cost to replace, and that every provider offers the same rates. Homeowner building coverage runs up to two hundred fifty thousand dollars and contents coverage up to one hundred thousand dollars. An elevation certificate is the document that records a building's height against expected floodwater. FEMA says it can identify discounts but does not set the rate, and that a homeowner does not need one to buy a policy unless the property is in a high-risk Zone A or V. You can ask the village or the county whether one is on file. If none exists, a land surveyor, engineer or architect prepares it.

A discount deserves a careful reading. The county's January 2019 progress report says Ogle County entered the Community Rating System in 2015 as a Class 7 community and that its work earns a 15 percent premium discount for policies in Special Flood Hazard Areas within unincorporated Ogle County. The plan's participation table lists the Village of Stillman Valley's Community Rating System participation as no. A discount earned by the county for unincorporated land is not a statement about a village address, so ask the insurance agent what applies to the specific property.

The same split shows up in the county's map service. The Flood Map Information Service at Ogle County Planning and Zoning will tell you whether a property is inside or outside a Special Flood Hazard Area, and it will provide the zone, the base flood elevation if shown, flood depth data and historical flooding information. The county describes that service as answering for the current map for unincorporated Ogle County. It has copies of Letters of Map Amendment and Letters of Map Revision on file. For a village address, the village clerk's office or FEMA's Map Service Center is the first stop. There is no charge. The office is at 911 Pines Road in Oregon, takes calls at (815) 732-1190 from 8:30 a.m. to 4:30 p.m. Monday through Friday, and asks for the address and the property index number.

FEMA sorts every address into a zone. Zones A, AE, AH, AO, AR and A99 are the high-risk areas. Zone B and shaded Zone X are moderate, between the limits of the 100-year and 500-year floods. Zone C and unshaded Zone X are lower risk but, in FEMA's words, not entirely without risk. Zone D means the risk has not been analyzed and does not mean no risk. If you believe a property was wrongly included in a Special Flood Hazard Area, the county explains that an owner may apply to FEMA for a formal determination. If FEMA grants it, the owner can send the Determination Document to the lender and ask for the federal flood insurance requirement to be removed.

The Illinois Residential Real Property Disclosure Report puts flooding in front of the buyer before a contract. Item 2 asks whether the seller currently has flood hazard insurance on the property. Item 3 asks whether the seller is aware of flooding or recurring leakage problems in the crawl space or basement. Item 4 asks whether the seller is aware that the property is located in a floodplain. The form defines aware as actual notice or actual knowledge without any specific investigation or inquiry. That wording means a seller answers from what he or she knows, so the form is a starting point and not a map check. A yes or not applicable on items 2 through 4 requires an explanation from the seller. The Illinois seller disclosure report guide walks through the whole form.

The Stillman Valley property tax guide breaks down what is on an Ogle County bill. For a nearby city in the same county whose flood ordinance could be read in full, the Byron flood zones guide walks through the Rock River and the county rules, and the Illinois Real Estate Guide lists every article Gambino has published.

Bottom Line

For Stillman Valley, the county's record points to Stillman Creek, not the Kyte River, and to a count of two mapped residential structures in the plan. That is a fact about the 2016 map and a 2018 plan, not about any one street. The map does not catch every drainage problem, the village's own ordinance is the rule that governs inside village limits, and a Special Flood Hazard Area designation is what drives the lender's insurance requirement.

Before you make an offer on a Stillman Valley home for sale, put three questions to the right offices. Ask the village whether the address is in a mapped flood zone and what its ordinance requires for any planned work. Ask the lender whether flood insurance will be required. Ask an insurance agent for a quote before the 30-day wait becomes a closing problem. Then read the seller's disclosure items 2, 3 and 4 against what the map says. None of this is legal, tax or financial advice, and each office named here is the one that can confirm the rule for a particular address.

Here are short answers to the questions a buyer can settle from the public record before making an offer.

Frequently Asked Questions

If you are looking at homes for sale in Winnebago County, the bill is part of the house. Gambino Realtors has been in business in the Rockford area since 1923, and the property tax bill is one of the first papers that shows which public bodies a parcel pays and which office answers for each one. This guide reads the county's own 2025 rate reports and its Treasurer and assessor pages. It cannot tell you what a given house will owe, because the answer depends on the taxable value of that parcel. It also has to deal with a wrinkle that a single rate hides. Code 372 is only one of nine tax codes that carry a New Milford Village line, so the second half of this guide walks through all nine. For the mechanics of a bill as seen from a Rockford address, the guide to how a Rockford property tax bill is built covers the same ground, so this one sticks to what is particular to New Milford.

Who Sets The Number And Who Only Mails The Bill

Three county offices touch a New Milford bill, and each does a different job.

The first is the township assessor. So for those eight codes, the assessor's office in question is the Rockford Township office at 401 W. State St. in Rockford, phone (815) 965-0300, with posted hours of Monday through Friday, 8:00 AM to 4:30 PM. The ninth code, number 386, is the exception. It carries Cherry Valley Township lines, so that parcel is assessed through the Cherry Valley office at 4875 Blackhawk Rd. in Rockford, phone (815) 874-2119, open Monday through Friday from 8:00 AM to 2:00 PM. The assessor sets the assessed value and certifies it to the county. An assessment question starts there.

The second is the Winnebago County Supervisor of Assessments. This office applies a multiplier, called an equalization factor, so that assessment levels stay similar from one township to the next. For 2025 the factor is 1.1143 for Rockford Township and 1.1055 for Cherry Valley Township. The same office handles exemptions, and its number, (815) 319-4460, is the one the Treasurer gives for every exemption question.

The third is the Winnebago County Treasurer, who mails the bill, collects the money and passes it to the taxing bodies. The Treasurer's own explainer page says plainly that the office has nothing to do with the amount of taxes owed. Nor does the Treasurer set the rate. The Supervisor of Assessments says the County Clerk determines the tax rate, based on the size of the tax base, the amount levied by local units of government, statutory limits and voters' response to referendum questions. The same page adds that the assessor has no control over the tax rate. So a New Milford owner with a complaint about the size of a bill has two different offices to call, depending on whether the complaint is about value or about rate.

The arithmetic is short once the pieces are named. The county says the taxable value, which is what remains after exemptions and the multiplier, is divided by 100 and then multiplied by the combined rate of every taxing body on the parcel. For most properties the assessed value is meant to be one third of fair market value on January 1 of the tax year. Here is the formula with round numbers, as a demonstration and nothing more. A taxable value of 10,000 at code 372's combined rate of 7.7874 produces a tax of 778.74. Taxable value is not a sales price, and the demonstration is not a quote for any house.

One timing rule catches new owners. Winnebago County says on its own page that residents pay a year in the rear. The bill mailed in early May 2026 was the 2025 bill, with installments due June 12 and September 11, 2026. The first installment must be at least half the total. A late payment carries a penalty of one and one-half percent a month, which starts one day after the due date and is not prorated. The Treasurer does not accept partial payments. A payment sent by mail counts as made on the date of a post office postmark, but the county says a postmark from a metered postal machine does not count, because that machine's date can be altered. An e-check payment through the county's website is free, and a debit or credit card payment carries a 2.25 percent fee that goes to the payment servicer and not to the county.

The Twelve Lines In Code 372, And What The Zero Means

Here is tax code 372 from the county's 2025 District Rates by Tax Code report, which the county ran on March 30, 2026. The county's municipal rate list ties the Village of New Milford to this code. Each line is a rate per 100 dollars of taxable value.

• Winnebago County, 0.6300
• Forest Preserve, 0.0797
• Rockford Township, 0.0769
• New Milford Village, 0.0000
• New Milford Fire, 0.7158
• Rockford Park District, 0.7573
• Four Rivers Sanitation Authority, 0.1129
• Cherry Valley Library, 0.2848
• Greater Rockford Airport, 0.0751
• Rockford School District 205, 4.5043
• Community College 511, 0.4557
• Rockford Township Road, 0.0949

Those twelve lines add up to 7.7874. The school district line is about 58 percent of that total. The Rockford Park District line is about 10 percent, New Milford Fire is about 9 percent, and the county line is about 8 percent. None of this says a rate is high or low. A rate is only half of a bill, and what a household pays depends on the taxable value of the specific parcel.

The 2025 figure is lower than the year before. The county's municipal list shows New Milford at 8.3853 in 2024 and 7.7874 in 2025, a drop of 0.5979, or 7.13 percent. Rockford School District 205 went from 4.7899 to 4.5043 over the same year. A falling rate does not by itself mean a falling bill, because taxable value sits on the other side of the multiplication. The county's own FAQ lists the ways a bill can rise even when a rate falls, among them new construction added to an assessment, a revaluation by the township assessor, a new equalization factor, or an exemption that was removed. The rate list does show why a buyer should read the current year's report and not an older listing sheet.

Now the zero. The county's report prints New Milford Village at 0.0000 on every one of the nine codes that list it. That is what the county's 2025 report says, and it is worth saying carefully. The report does not explain the zero, and this guide will not guess at the village's budget. A buyer who wants the reason should ask the village clerk at Village Hall, 6771 11th St. in Rockford, phone 815-874-7271. What the village's own code of ordinances does show is a different kind of tax. Chapter 19 imposes a tax of one percent of gross receipts on persons selling tangible personal property at retail in the village. It also sets a municipal utility tax on electricity used within the village, with a first tier of .335 cents per kilowatt-hour for the first 2,000 kilowatt-hours in a month, and a simplified municipal telecommunications tax of six percent of the gross charge. Those are taxes on retail sales and on utility use. The code has the electricity tax collected from the purchaser by the company that delivers the power. None of the twelve lines in code 372 is a sales or utility tax.

Other village charges sit outside the bill as well. The village's code has a water chapter that sets rules for the Village water department, for water charges and for ending service when a charge goes unpaid. Water is not one of the twelve lines above. The village also runs its books on a June 1 to May 31 fiscal year under Section 2-2 of its code.

Here is where each of the twelve bodies is listed in the county's September 2026 taxing district contact list. Winnebago County is at 404 Elm St. in Rockford. The Forest Preserve is at 5500 Northrock Dr. in Rockford. New Milford Fire is listed in care of an attorney at 6833 Stalter Dr., Suite 100, in Rockford, with phone numbers of 815-962-6611 and 815-874-4880. The Rockford Park District is at 401 S. Main St. in Rockford, phone 815-987-8800, and the village's own About page notes that Atwood Park and the Atwood Center are part of that district. Four Rivers Sanitation Authority is at 3501 Kishwaukee St. in Rockford, and its own website lists the phone number (815) 387-7500. The Cherry Valley Library is at 755 E. State St. in Cherry Valley, phone 815-332-5161. Greater Rockford Airport is at 60 Airport Dr. in Rockford, phone 815-969-4000, and the village describes itself as directly east of the Rockford Chicago International Airport. Rockford School District 205 is at 501 Seventh St. in Rockford, phone 815-966-3000. One more detail from the village's code is worth knowing. Its hazardous materials chapter refers to costs incurred by "the Village and/or the New Milford Fire Protection District," which names the fire district separately from the village. The county's contact list also gives it a listing of its own.

Nineteen Codes Carry New Milford Fire, And Nine Carry The Village

The county's report holds 306 tax codes. Twenty of them name something from New Milford. The fire district's line, 0.7158, is on nineteen of them. The village's line is on nine. Eleven of the nineteen fire codes carry no village line at all, which means the fire district and the village are not the same boundary. The county's own FAQ gives the reason in one sentence. Every parcel sits inside a specific combination of taxing bodies, and the tax rate varies because the number of bodies attached to each parcel varies.

Here are the nine village codes, with the combined 2025 rate for each, and what makes one differ from the next.

• Code 379, 6.6324. Nine lines. This is the base: County, Forest Preserve, Rockford Township, the village, New Milford Fire, Airport, Rockford School District 205, Community College 511 and Rockford Township Road.
• Code 373, 6.7453. The base plus Four Rivers at 0.1129.
• Code 393, 6.9172. The base plus the Cherry Valley Library at 0.2848.
• Code 441, 6.9172. The same as 393, with a line for the I-39 / Baxter Road TIF at 0.0000.
• Code 380, 7.3897. The base plus the Rockford Park District at 0.7573.
• Code 385, 7.5026. The base plus the Park District and Four Rivers.
• Code 370, 7.6745. The base plus the Park District and the Cherry Valley Library.
• Code 372, 7.7874. The base plus the Park District, Four Rivers and the Cherry Valley Library.
• Code 386, 7.8344. A different build, covered below.

Read that list as a set of building blocks. Three optional lines move the total. The Rockford Park District adds 0.7573, Four Rivers adds 0.1129, and the Cherry Valley Library adds 0.2848. Across the nine village codes the Park District line appears on five, Four Rivers on three and the Cherry Valley Library on five. Among the eight village codes assessed through Rockford Township, the report shows seven different combinations of those three lines. That is why a buyer should pull the code for the actual parcel and not rely on the village figure of 7.7874.

The spread between codes is easy to see in the arithmetic. Using the same round demonstration number as above, a taxable value of 10,000 at the lowest village code, 379, yields 663.24 in tax. At the highest village code, 386, the same taxable value yields 783.44. That is a difference of 120.20 on a taxable value of 10,000. The demonstration only shows how the lines combine. It is not a statement about any real parcel, and a real parcel's taxable value will not be 10,000.

Code 386 is built differently from the other eight. It has the village line, but it has Cherry Valley Fire at 0.7715 where the other eight have New Milford Fire at 0.7158. It also has Cherry Valley Township at 0.0936 and Cherry Valley Township Road at 0.1824 in place of the Rockford Township and Rockford Township Road lines. It carries no Four Rivers line. So the total of 7.8344 reflects a parcel assessed through the Cherry Valley Township assessor, protected by a different fire district, and still carrying the village line. That is the one village code where the assessor's phone number differs from the others.

The remaining eleven fire codes carry New Milford Fire but no New Milford Village line. Codes 093 and 351 swap in Meridian School District 223 at 5.4011 in place of Rockford School District 205 at 4.5043, which lifts the base from 6.6324 to 7.5292. Codes 394 and 452 carry a Cherry Valley Village line at 0.0000 and the New Milford Fire line together, and code 438 carries the I-39 / Baxter Road TIF line with neither village. The report does not say where any of these parcels sit on a map, and a tax code is not an address. If a listing sheet says "New Milford," the code on the bill is the only thing that tells you which of these twenty builds applies.

The three codes with a TIF line deserve a word. The county's explainer says a listing called "something" TIF means the property is in a tax increment financing district. The revenue comes from the tax on the increase in assessed valuation since the district was created, and it can only fund projects inside the district. The I-39 / Baxter Road TIF is listed in the county contact sheet with two sponsors, the Village of Cherry Valley and the Village of New Milford, and an I-39 Baxter Road special service area is listed with the same two sponsors. The TIF line prints at 0.0000 on codes 438, 441 and 452. The special service area does not appear as a line in the 2025 rate report. For questions about either one, the county tells property owners to contact the local government that sponsors the district.

What To Check On A New Milford Parcel Before You Make An Offer

Start with the parcel itself. Ask for the parcel number and the current tax code, and read the most recent bill line by line against the codes above. The county's Supervisor of Assessments page lists a Parcel Information Search and WinGIS, and the Gambino guide to the Winnebago County parcel lookup, assessor, Treasurer and WinGIS walks through what each tool shows. A bill that lists the Rockford Park District, Four Rivers or the Cherry Valley Library tells you which of the blocks above apply. A bill that lists none of the three optional lines is the 6.6324 build.

Next, find the district for the address. A tax bill lists the school district that taxes the parcel, and the county report shows Rockford School District 205 on eighteen of the twenty codes and Meridian School District 223 on two. The bill is not a school assignment document. The township and school district by address guide explains how to check the assigned district for a specific address.

Third, ask which exemptions are already in place and which are available. The county lists owner occupied, senior citizen homestead, senior citizen freeze, homestead improvement and disabled veteran exemptions, plus four others. The senior citizen assessment freeze has to be applied for before July 1 each year. All of these go through the Supervisor of Assessments at (815) 319-4460, not through the Treasurer. The Gambino guide to Winnebago County homestead exemptions sets out the list.

Fourth, understand the appeal calendar before you need it. Under the county's rules the township assessor is the first stop for an informal correction, and the county Board of Review is the formal step. The statutory time to file with the Board of Review is 30 calendar days after the assessments are published. In 2026 the county's schedule for Rockford and Cherry Valley townships had assessments online on July 31, notices mailed on August 3, publication on August 5 and a complaint filing deadline of September 4. The county's FAQ also says that 2023, and every fourth year after it, is a General Assessment Year, when every property is viewed by the township assessor, which makes 2027 the next one. An assessment change notice is not a bill, and it does not state the tax to be paid. The longer guide to Winnebago County assessment appeals covers the Board of Review and the state Property Tax Appeal Board.

Fifth, handle the year in the rear at closing. Property is taxed, not individuals, and the county says the current owner is liable for the entire amount due. Prorating between buyer and seller is generally done when the property changes hands and is written into the contract. Because Winnebago County pays a year in the rear, the bill that comes due after a fall closing is for the previous year. Read the proration line on the settlement statement. A lender that holds money in escrow is obligated to pay on time, and the Treasurer's FAQ says that when a lender pays late through its own mistake, the lender is responsible for the penalties and fees. The same FAQ warns that sending the bill only to a mortgage company means the owner would miss notices of assessment changes, exemption renewals, unpaid taxes and tax sale. Not receiving a bill does not void the tax or stop penalties from being added.

Last, know what a missed payment turns into. The county is required to sell unpaid taxes, not the property itself, and it holds that sale in the last week of October or early November. After the sale, the owner of record deals with the County Clerk at (815) 319-4253 for redemption amounts. The county's own pages give two different redemption periods, three years on the Tax Information page and two and a half years on the Treasurer's home page, so do not rely on either number without calling the Clerk. The Winnebago County tax sale guide explains the process in full.

Bottom Line

A New Milford Village property tax bill is a sum of lines at a combined 2025 rate that runs from 6.6324 to 7.8344 across nine tax codes, with code 372 at 7.7874 the one the county's municipal list names. The school district is the largest piece, the village's own line prints at 0.0000, and three optional lines account for the differences between the codes. Read the actual bill for the actual house, call the assessor for value questions and the County Clerk's office for rate questions, and ask for the tax code before you decide anything.

If you are weighing houses right now, start with the homes for sale in Winnebago County and ask for each one's tax code and parcel number. Gambino Realtors has been in business since 1923, and the numbers above come from the county's own pages so you can check every one of them.

That covers the bill itself. Here are the questions a buyer can answer from the county's own pages before an offer goes in.

Frequently Asked Questions

If you are looking at homes for sale in Boone County, the tax bill deserves a read before the showing and not after the offer. Caledonia is in Boone County, so the assessor, the Supervisor of Assessments, the Treasurer and the due dates are Boone County's. Gambino Realtors is a Rockford-based brokerage in business since 1923, and this guide sticks to what the county's offices and the village publish on their own pages. For the same system in the neighboring communities, see the guides to Poplar Grove property taxes and Capron property taxes.

One Name, Two Taxing Bodies, Eleven Tax Codes

Start with the confusing part. Caledonia is a village, and Caledonia is also a township. They are separate taxing bodies with separate lines on the bill.

The village line is 0.52716. The township line is 0.05030. A third line, Caledonia Township Road, is 0.20297. The village describes itself on its own website as its own entity, incorporated in 1996.

That numbering matters, because the county builds tax codes from it. The Clerk's 2025 report lists 68 tax codes across the county, and eleven of them begin with 03. Each of those eleven carries the Caledonia Township line and the Caledonia Township Road line. Only one of the eleven, code 03002, also carries the village line. So a property can be in Caledonia Township and never pay the village's tax at all.

The same caution applies to the name on a mailing address. The county's assessor list gives a Caledonia, Illinois mailing address for the Manchester Township and Leroy Township assessor, even though those are other townships. A mailing address tells you where the mail goes. The tax code on the bill tells you which bodies tax the parcel.

The eleven codes are not close to each other in total. The lowest on the 2025 report is code 03011 at 6.63252 and the highest is code 03005 at 7.77399. That is a gap of 1.14147 between two codes that both carry the Caledonia Township name. The rest of this guide explains where that gap comes from.

The Village Line, Fund By Fund

The county's historical listing breaks the village's 0.52716 into funds, which shows what the village is asking property owners to pay for:

• Corporate, 0.25162
• Liability insurance, 0.13859
• Audit, 0.09087
• Street lighting, 0.04476
• Revenue recapture, 0.00132

Those add up to 0.52716. Road and bridge shows 0.00000 on the village line, so the listing shows no road levy for the village itself. The corporate fund is the largest piece, and the audit and liability insurance lines together come to more than a third of the village's rate. That is simple arithmetic on the county's own columns.

The village is not at its corporate ceiling. The listing shows a maximum corporate rate of 0.43750 against a final rate of 0.25162. Street lighting sits closer to its limit. The maximum is 0.05000 and the final rate is 0.04476.

The rate came down from the year before. In the 2024 column of the same listing the village's funds added up to 0.54603, so the 2025 total is 0.01887 lower. The corporate fund moved from 0.26208 to 0.25162 and liability insurance moved from 0.14436 to 0.13859. Revenue recapture went the other way, from 0.00000 to 0.00132. A lower rate is not the same thing as a lower bill, because the bill also depends on the taxable value of the particular house. Still, the direction on the village line in this one year was down.

You can check the arithmetic against the Clerk's own worksheet. The Property Tax Extension Limitation Law worksheet, which the county shortens to PTELL, shows the village with an equalized assessed value of 5,385,712. Multiply that by 0.52716 and divide by 100 and you get 28,391.32 dollars, which is exactly the extension printed on the worksheet. That also confirms how to read every rate in this guide: dollars of tax for each hundred dollars of equalized assessed value. Equalized assessed value is the taxable value, and it is not the sale price of a house.

The worksheet also shows the state limit at work. The village's 2024 extension of 27,522.28 dollars became the base, and the worksheet applied a limit factor of 1.029. With no new property added, that produced a limiting rate of 0.52584, and the worksheet marks the village as over the limit, with a reduction factor of 0.89515. The village's levy requests across all funds added up to 34,131 dollars. The extension came out at 28,391.32 dollars, which is 5,739.68 dollars less than the request.

Street lighting shows the same mechanism in miniature. The worksheet computes a rate of 0.094992 from the village's request of 5,116 dollars, but the fund's maximum is 0.05000, so the rate is held there and then reduced to 0.04476 by the overall limit. The village decides what to ask for. The statute and the limit decide what it can collect.

Last, put the village line in proportion. On code 03002 it is 0.52716 of 7.47573, about 7.1 percent of the combined rate. The village line is more than twice the size of the township and township road lines combined, which come to 0.25327. It is still small next to the school district. For a buyer comparing two Boone County addresses, that is worth knowing, because the village line alone will not explain the difference between two bills.

The Other Lines, And Why The Eleven Codes Differ

Code 03002 carries eleven lines in all. The county's report lists them this way:

• Boone County, 0.80098
• Boone County Conservation, 0.08336
• Rock Valley College 511, 0.45473
• School District 100, 4.76141
• North Boone Fire Protection District, 0.44678
• Multi-Township district, 0.03367
• Historical Museum, 0.01456
• Capron Rescue, 0.09981
• Caledonia Township, 0.05030
• Caledonia Township Road, 0.20297
• Caledonia, 0.52716

The school district line dominates. At 4.76141 it is about 63.7 percent of the combined rate. The district is named here only because it is a taxing body on the bill. The tax bill does not say which school a particular address is assigned to, so check the assigned school district directly and never infer it from the tax code.

Inside that school line, the county's historical listing shows the funds. Education is 2.90792, building is 0.55175, bonds and interest is 0.53303, transportation is 0.28479 and special education is 0.26032. Education fell from 3.05700 the year before, and bonds and interest fell from 0.59215.

The fire district line is smaller than the village line and just under the college line. North Boone Fire Protection District is 0.44678, made of corporate at 0.29717, ambulance at 0.14860 and revenue recapture at 0.00101. Its worksheet is marked over the limit, with a reduction factor of 0.98554. The district asked for 1,525,085 dollars across all funds and the extension came out at 1,503,113.15 dollars. The fire district line appears in nine of the eleven Caledonia Township codes. The two codes without it, 03007 and 03011, are the two that carry a Loves Park line at 0.00000.

Caledonia Township's own levy is 0.05030, and it is one of the smallest lines on the bill. It is made of corporate at 0.04197, liability insurance at 0.00444, social security at 0.00265, audit at 0.00109 and revenue recapture at 0.00015. The township's maximum corporate rate is 0.25000, so the township is far from its ceiling.

The road district line is about four times the township's own line. Road and bridge accounts for 0.18341 of its 0.20297, with equipment and building at 0.00943, county bridge at 0.00280, liability insurance at 0.00424, social security at 0.00252 and revenue recapture at 0.00057. Its extension was 511,087.02 dollars on the same township value of 251,804,219 that the township levy uses.

The Historical Museum line is 0.01456. The Multi-Township district is 0.03367, made of corporate at 0.03358 and revenue recapture at 0.00009. The county's listing places it under the heading "Multi-Township Dist" and labels it with the letters B/S/P/C. The county pages that are public do not spell out what those letters stand for, so the Assessment Office is the place to ask. What the pages do show is that the same office serves Caledonia, Bonus, Spring and Poplar Grove townships.

Now the part that explains the 1.14147 gap. Compare each code with code 03001, the plain one at 6.94857 with School District 100 and no village, library, park or municipal line:

• 03002 adds the village, 0.52716, for 7.47573.
• 03003 swaps in School District 200 at 4.89646, a difference of 0.13505, for 7.08362.
• 03006 adds Timberlane at 0.15205, for 7.10062.
• 03008 adds the Belvidere Park District at 0.45856, for 7.40713.
• 03009 adds Poplar Grove at 0.23645, for 7.18502.
• 03010 has School District 200 and Poplar Grove together, for 7.32007.

Each of those differences matches the added line to the last digit. The remaining codes are built differently. Code 03004 uses School District 205 at 4.50215 and adds the North Suburban Library at 0.23054, for 6.91985. Code 03007 carries the Rockford Park District at 0.75773 and the library, and code 03011 carries the library and the Loves Park line, which is 0.00000 in both codes.

A buyer comparing a village address with one just outside the limits should not assume the two differ by the village line alone. The school district can move the total by more than the village does. In this township, switching from School District 100 to School District 200 adds 0.13505, and the two-school code runs 0.82542 above the School District 100 line, which is more than the village line adds.

Who Sets What, And When You Pay

Several offices touch a Caledonia bill, and each one controls a different piece. It helps to know which one to call.

The township assessor comes first. The Boone County Assessment Office's tax cycle page says the assessor must identify and value property as of January 1 of the assessment year, aiming for an assessed value that is one-third of market value, by comparing the property to similar properties that sold and by analyzing replacement cost. The county's assessor list shows one office serving Caledonia, Bonus, Spring and Poplar Grove townships, at 9015 Marengo Road in Garden Prairie, with a listed phone of (815) 544-2437.

The Supervisor of Assessments comes second. The county office must equalize every township to 33.33 percent of market value, using an adjusted three-year average median, and it mails a Notice of Assessment Change to each taxpayer with a change or an equalization factor other than 1.00. That notice carries the complaint procedure. A complaint goes to the Board of Review within 30 days after publication of the changes or by September 10, whichever is later, and the Assessment Office suggests talking with the assessor as well. If you disagree with the Board's decision you have 30 days to file with the Property Tax Appeal Board in Springfield. The full steps are in our guide to Boone County assessment appeals.

The County Clerk comes third. The Clerk calculates each district's rate by dividing the amount the district decides to raise by its tax base, subject to legal limits, and then adds the rates of every body that covers the parcel. The Clerk says plainly that the office has no discretionary power over the rates. They come from the levies the districts submit, the assessed value minus exemptions, and the limits set in state law. That matches the worksheets above. The village asked for 34,131 dollars, and the limit decided how much it could extend.

The Treasurer is the one who sends the bill. The 2025 real estate tax bills, payable in 2026, were mailed on May 1, 2026. Boone County bills are paid in two installments, due June 1 and September 1, and both may be paid on or before June 1. The Treasurer's FAQ states that state law has no provision for partial payments. The Treasurer's office is at 1212 Logan Avenue, Suite 104 in Belvidere, open 8:30 to 5:00 on weekdays, at 815-544-2666. The Treasurer's home page also lists a pay-by-phone option at 815-247-4403, with fees for card or e-check payments.

Which office answers which question is spelled out on the Treasurer's home page. Questions about assessments, exemptions and address changes go to the Assessment Office at 815-544-2958. Questions about tax rates or redeeming delinquent taxes go to the County Clerk at 815-544-3103.

What A Buyer Should Check Before Closing

Take a concrete case. Say a house is listed with a Caledonia address and the buyer wants to know the tax picture. The first move is to get the parcel number, which is printed on the tax bill, and the tax code that goes with it. With the parcel number, the county's property information page lets you look up a property's basic tax information, and the county's online maps show aerial photographs, lot lines, zoning and flood information.

The tax code tells you which of the eleven Caledonia Township versions applies. Do not guess it from the street name or the mailing address. If it is 03002, the village line is on the bill. If it is 03001, it is not. If it is 03009 or 03010, a Poplar Grove line is there instead.

Then compare real bills, not rates. A rate is a percentage. The bill is the rate applied to the property's equalized assessed value after exemptions. The county's Sales Locator tool shows single-family sales since January 1, 2014.

Exemptions can change the picture. The county's tax relief page lists a general homestead exemption, which is the increase in equalized assessed value above the 1977 level up to 6,000 dollars for an owner-occupied principal dwelling. It also lists a senior citizens homestead exemption of 5,000 dollars of equalized assessed value for owners 65 or older, and a senior assessment freeze for households under a stated income limit. Whether any of them applies is a question for the Assessment Office, and the details are in the guide to Boone County homestead exemptions.

Closing day has its own rule. The Treasurer's FAQ says the usual procedure is for the seller to credit the buyer at closing for accrued taxes, in which case the buyer is responsible, and it tells new owners to review the closing documents or ask a real estate attorney. The same page notes that the legal remedy for unpaid taxes is a lien on the property, so a new owner has a reason to make sure the taxes are paid. If your taxes are paid through mortgage escrow, the Treasurer says tax bill data goes to mortgage companies and no action is required, though it suggests checking the payment status shortly before the due date.

The cost of a missed date is real. The Treasurer's page on unpaid taxes says a 1.5 percent penalty is added one day after the second installment deadline and grows by 1.5 percent each month. A tax sale follows about two months after the deadline, and redemption interest set at the sale can run as high as 18 percent per six months. A tax deed can be sought about two and a half years after the sale. The page itself calls its dates, percentages and amounts approximate, so treat it as a map and not a schedule. It also says redemption goes through the County Clerk, with no installment plans.

Bottom Line

A Caledonia tax bill is a stack of up to eleven lines, and the village is only one of them. The village rate is 0.52716 and shows up in one tax code. The school district is the largest line at about 63.7 percent of that code's total, and the choice among the township's eleven codes can move the combined rate by more than a full point.

Ask for the tax code and the last bill before you fall for a house, check the code against the Clerk's report, and call the Assessment Office on anything the pages do not spell out. The numbers that matter are on the county's reports, and only the county can confirm them for a specific parcel. The tax bill is one piece of what it takes to buy among the homes for sale in Boone County. This guide explains what the rules say. It is not legal, tax or financial advice.

A last practical note. The Boone County Clerk's report is dated April 20, 2026, and rates are set again each year. When you read a bill from a different year, expect different numbers.

A few quick answers follow on the points that are easiest to misread in the county's report.

Frequently Asked Questions

If you are looking at homes for sale in Winnebago County, the year built on the listing is worth a minute of your attention before the showing. This guide lays out the county's housing by construction decade from the Census Bureau's own table, then connects each era to the federal, state and county rules that actually mention a date. It describes houses and rules, never the people in them. Gambino Realtors has been in business in the Rockford area since 1923.

What The Census Numbers Show, Decade By Decade

The source is Table DP04 of the American Community Survey, five-year estimates for 2020 through 2024, for Winnebago County as a whole. It counts 125,002 housing units, with a margin of error of plus or minus 107 on that total. Every decade figure below is an estimate with its own margin, so read the percentages as a shape and not as a count of individual houses.

From newest to oldest, the survey estimates the following:

• Built 2020 or later: 363 units, 0.3 percent (margin plus or minus 133)
• Built 2010 to 2019: 2,902 units, 2.3 percent (plus or minus 443)
• Built 2000 to 2009: 13,753 units, 11.0 percent (plus or minus 762)
• Built 1990 to 1999: 15,543 units, 12.4 percent (plus or minus 1,015)
• Built 1980 to 1989: 13,159 units, 10.5 percent (plus or minus 830)
• Built 1970 to 1979: 18,691 units, 15.0 percent (plus or minus 1,034)
• Built 1960 to 1969: 16,239 units, 13.0 percent (plus or minus 908)
• Built 1950 to 1959: 17,269 units, 13.8 percent (plus or minus 1,022)
• Built 1940 to 1949: 7,766 units, 6.2 percent (plus or minus 670)
• Built 1939 or earlier: 19,317 units, 15.5 percent (plus or minus 868)

Those ten rows add back to the 125,002 total. Adding them in different ways gives a clearer picture. Units built before 1980 come to 79,282, or 63.4 percent. Units built before 1960 come to 44,352, or 35.5 percent. Units built before 1950 come to 27,083, or 21.7 percent. The 1980s and 1990s together account for 28,702 units, or 23.0 percent, and everything from 2000 on adds up to 17,018 units, or 13.6 percent. Those sums are our arithmetic on the survey's rows, and they carry the uncertainty of the rows underneath them.

Two things stand out. The first is how little of the county's stock is recent. Only 2.6 percent of units date from 2010 or later. The second is how large the oldest bin is. The 1939-or-earlier bin and the 1970s bin sit at 15.5 and 15.0 percent, and their margins overlap, so the survey cannot tell you which one is larger. Each is a substantial share of the county, and both are on the older side of the median year of 1971.

The Census Bureau's median year structure built, from its Table B25035 for the same period, is 1971 with a margin of plus or minus 1. Half of the county's housing units are estimated to be older than that and half newer, which is simply what a median means. A house built in 1971 is therefore the middle of the county's stock, and a house from the 2000s or later is in the newer fraction.

The same table splits units by building type, which matters for inspection because a detached house and a unit in a larger building have different parts to check. The survey estimates 87,978 one-unit detached homes (70.4 percent), 5,364 one-unit attached homes (4.3 percent), 7,667 two-unit buildings (6.1 percent), 8,030 buildings of three or four units (6.4 percent), 4,566 units in buildings of five to nine (3.7 percent), 3,346 in buildings of ten to nineteen (2.7 percent) and 6,352 in buildings of twenty or more (5.1 percent). Mobile homes are estimated at 1,682 units, or 1.3 percent.

One limit to state plainly. This is a county-wide table. A town inside the county, or a neighborhood inside a town, can look very different from the county as a whole. The survey does not tell you when a particular street was built, and neither does this guide. For a specific address the year built comes from the listing, the seller or the county's property records, and those are the numbers to rely on.

What Each Era Means At The Inspection Table

Census decades are tidy. The rules are not, because they use their own cutoffs. The federal lead paint rule uses 1978. The EPA's note on lead in drinking water uses 1986. The asbestos-contaminated vermiculite warning uses the years 1919 to 1990. The state radon requirement for new homes uses June 2013. None of those lines falls on a decade boundary, so the best use of the table is to see roughly which side of each line a house probably sits on, then confirm with the actual year built.

Start with the oldest rule that touches a sale. The EPA's Lead-Based Paint Disclosure Rule applies to most private housing built before 1978. It does not apply to housing built after 1977, because the Consumer Product Safety Commission banned residential lead-based paint in 1978. It also does not apply to housing where a certified inspector or risk assessor tested the painted surfaces and found them free of lead-based paint, or to foreclosure sales. For a covered house, the seller and the seller's agent must do several things before the contract is signed. They disclose any known information about lead-based paint and lead-based paint hazards, hand over available records and reports, give the buyer the EPA pamphlet "Protect Your Family From Lead in Your Home," and include a Lead Warning Statement in the contract or as an attachment. The seller must also give the buyer a ten-day period to have a paint inspection or risk assessment done.

That ten-day period is the part worth planning around. It is a window in which you can bring in a certified professional, and it exists only for housing the rule covers. In the county's table, the 1970s bin straddles the 1978 line, so the survey cannot say how many of those 18,691 units fall on each side. The 1960s and earlier bins sit entirely on the covered side. Those bins add up to 60,591 units, or 48.5 percent of the county, before counting any part of the 1970s.

The next date is 1986. EPA's page on lead in drinking water says lead pipes are more likely to be found in older cities and in homes built before 1986. For homes without lead service lines, the problem EPA names is brass or chrome-plated brass faucets and plumbing with lead solder. That is a plumbing question, and it has little to do with paint. The Illinois seller report asks about it separately, in statement 17, which covers lead paint, lead water pipes, lead plumbing pipes and lead in the soil. The 1980s bin straddles 1986, so, as with the paint rule, a house from that decade needs its actual year checked.

Asbestos has no single date. EPA's "Learn About Asbestos" page lists the places it has been used in building materials: attic and wall insulation containing vermiculite, vinyl floor tiles and the backing on vinyl sheet flooring, roofing and siding shingles, textured paint and patching compounds on walls and ceilings, the walls and floors around wood-burning stoves protected with asbestos paper or millboard, hot water and steam pipes coated or wrapped with asbestos, and oil and coal furnaces. The page gives no construction year after which these materials stop. What it does say is that exposure may occur when asbestos-containing material is disturbed or damaged. So the inspection question is the condition of the material and whether anyone plans to cut into it, not the age of the house alone.

Vermiculite insulation is the one asbestos item with dates attached. EPA says a mine near Libby, Montana, was the source of over 70 percent of all vermiculite sold in the United States from 1919 to 1990, and that this vermiculite was contaminated with asbestos. It describes the insulation as a pebble-like, pour-in product that is gray-brown or silver-gold. Its advice is to assume the material may be contaminated and to leave it undisturbed, or to use a trained professional if it must be removed. EPA also says further testing is not necessary to take those precautions, and it does not recommend opening walls to look for it. If an attic has pour-in insulation that matches the description, that is a note for the inspection report and a reason to hold off on a renovation plan until you have talked to a professional.

Heating fuel is another way the survey touches the physical house. Among the 116,014 occupied units, it estimates utility gas at 96,887 (83.5 percent), electricity at 14,561 (12.6 percent), bottled or tank gas at 2,809 (2.4 percent), wood at 315 (0.3 percent) and fuel oil or kerosene at 95 (0.1 percent), with coal at none. The seller report asks separately, in statement 21, whether the seller is aware of underground fuel storage tanks on the property. The survey does not say where any fuel is stored, so it cannot answer that question. Only the seller's report and an inspection can.

Radon is the one item on this list where age tells you very little. The Illinois Emergency Management Agency's radon page says: "ALL Homes Should Be Tested regardless of geographic location." The Illinois Department of Public Health adds that radon enters through floor drains, sump pits, crawl spaces, foundation cracks and gaps around pipes and wires, that "the foundation makes no difference," and that lower levels such as basements tend to have higher measured levels. It reports that, in a study by the state's emergency management agency, 41 percent of Illinois homes tested had levels above the 4.0 picocuries per liter action level. The state agency recommends professional testing in real estate transactions. One date does matter here. Since June 2013, the Radon Resistant Construction Act has required passive radon reduction techniques in new homes, so a new home built since then is required to include them. Our guide to radon testing in Rockford homes goes through how the test works in a sale.

A last era marker applies to the manufactured homes in the table. The federal standards program for manufactured housing began on June 15, 1976, according to HUD's own history of the program. A mobile home or manufactured home built before that date was built before the federal standards existed. The survey's 1,682 mobile homes are not broken out by year, so the table cannot say how many fall on each side of that line.

Rules That Apply To The Work, Not To The Age

Here is where buyers can get a wrong idea. The county's building codes govern work being permitted, and the county's own page says the Building Division follows, as of April 1, 2016, the 2015 International Building Code, the 2015 International Residential Code, the 2014 National Electric Code, the 2015 International Fire Code, the 2015 International Fuel Gas Code, the 2015 International Mechanical Code and the 2014 Illinois State Plumbing Code. The page does not say that existing houses must be brought up to those editions.

The Building Division's mission, in its own words, is "to insure your health, safety and welfare in buildings you live in, work in and visit." It lists the places it serves: the villages of Cherry Valley, Durand, New Milford, Rockton and Roscoe, the city of South Beloit and unincorporated Winnebago County. The page does not list Rockford, Loves Park, Machesney Park or Belvidere, so a house in one of those places is outside the list on that page. For a house in any of those places, ask that town's own building office what it has on file. Our guide to what a Rockford home inspector checks shows how a general inspection treats the same items.

The Division also posts reference handouts, and three of them line up with what an older basement or foundation raises. They are labeled with the 2003 edition of the International Residential Code, while the codes page lists the 2015 edition. The county does not explain the difference on either page, so treat the handouts as the county's published reference material and not as a statement of today's exact code.

The first handout covers emergency escape and rescue openings. It says basements with habitable space and every sleeping room need at least one openable escape and rescue opening, and that where a basement has sleeping rooms, the opening is required in each sleeping room and not in the adjoining areas of the basement. The sill may be no more than 44 inches above the floor. The net clear opening has to be at least 5.7 square feet, or 5 square feet for grade-floor openings, at least 24 inches high and at least 20 inches wide, and it must open from the inside without keys or tools. A window well must be at least 9 square feet. A basement bedroom is a good case for measuring. If a house has a finished basement room used as a bedroom, a tape measure and the window's actual open dimensions tell you quickly how it compares with the handout. The handout states a requirement for what is built and permitted.

The second handout, on foundation drainage, says drains shall be provided around concrete or masonry foundations that retain earth and enclose habitable or usable space below grade. It names drainage tiles, gravel or crushed stone drains, perforated pipe or other approved systems, and says they discharge by gravity or mechanical means into an approved drainage system. It makes an exception when the foundation sits on well-drained ground or on sand and gravel mixtures classed as Group 1 soils. The third, on footings, says exterior walls must be supported on continuous solid or fully grouted masonry or concrete footings, wood foundations or other approved structural systems, set on undisturbed natural soil or engineered fill, with minimum widths that depend on the soil's load-bearing value and the number of stories.

None of that tells you whether a given foundation drains well. What it does is give you the vocabulary for the inspector's report. If the report says "no perimeter drainage observed" or "cracking at the footing," you now know which county document each phrase relates to and what question to put to the seller.

The seller's own report is the other half. Illinois's Residential Real Property Disclosure Report has 24 statements, and several map straight onto era questions: flooding or recurring leakage in the crawl space or basement (3), basement or foundation defects including cracks and bulges (5), leaks or defects in the roof, ceilings or chimney (6), the electrical system (8), the plumbing system (9), heating, air conditioning or ventilating systems (12), a fireplace or woodburning stove (13), radon (15), asbestos (16), lead (17), earth stability defects (18), termite damage (19 and 20) and underground fuel storage tanks (21).

Read the form's own limits before you lean on it. "Aware" means actual notice or actual knowledge without any specific investigation or inquiry. The disclosures are not warranties. The form says "the fact that the seller is not aware of a particular condition or problem is no guarantee that it does not exist," and that the disclosure is not a substitute for any inspections or warranties the buyer or seller may wish to obtain. It also says the prospective buyer may request an inspection of the premises by a qualified professional. Our guide to the Illinois seller disclosure report covers the same form for a Rockford sale.

Here is a short example of how the pieces fit. Suppose a buyer is comparing two houses from different decades. The first was built in the 1950s. It falls under the federal lead paint rule, so the buyer gets the pamphlet, the Lead Warning Statement and the ten-day window. The second was built in the 2010s. The lead paint rule does not apply to it, and the state's passive radon requirement does. Both still need a radon test, because the state says all homes should be tested. Both still need the seller's report read line by line. The older one raises more of the era questions in this guide. The newer one raises fewer, and its inspection still matters.

Bottom Line

Winnebago County's housing is old by the numbers. The survey puts the median year built at 1971, about 63 percent of units were built before 1980, and only 2.6 percent date from 2010 or later. The year built tells you which rules touch the house. It shows whether the federal lead paint disclosure applies, whether a lead-pipe question is open, whether asbestos-era materials or pour-in insulation need a professional's eye and whether the state's passive radon requirement was in force when the house was built. It does not tell you the condition of any single house.

So get the actual year built, read the seller's report with that year in mind, use the ten-day lead window if the house is covered, test for radon in every house no matter when it was built, and ask the right county or town office what it has on file for the address. If you want help with that while you look at homes for sale in Winnebago County, that is work Gambino Realtors can do alongside your inspector.

Frequently Asked Questions

If you are comparing homes for sale in Boone County, read the year built before you read anything else. This guide draws on the Census tables, the Boone County Building Department's own handouts, the Boone County Health Department's well and septic pages, the Illinois seller disclosure form and the federal rules that hinge on a construction date. It describes houses and rules, not people. Gambino Realtors has been in business in the Rockford area since 1923.

What the Census Numbers Show by Decade

Table DP04 for Boone County counts 20,238 housing units, with a margin of error of plus or minus 26. That total is tight. The decade groups below are looser, and each one carries its own margin, so read the figures as a shape and not as an exact tally of houses.

From newest to oldest, the estimate for 2020 or later is 106 units, or 0.5 percent. The estimate for 2010 to 2019 is 772 units, or 3.8 percent. The 2000s add 4,094 units, or 20.2 percent, and the 1990s add 3,630, or 17.9 percent. The 1980s add 1,625 units, or 8.0 percent. The 1970s add 2,718, or 13.4 percent, and the 1960s add 1,537, or 7.6 percent. The 1950s add 1,471, or 7.3 percent, and the 1940s add 580, or 2.9 percent. Units built in 1939 or earlier come to 3,705, or 18.3 percent. Those ten groups add up to the 20,238 total.

A few running sums are worth keeping in hand. Built in 1990 or later is 8,602 units, or 42.5 percent. Built in 2000 or later is 4,972 units, or 24.6 percent. The 1980s and 1990s together come to 5,255 units, or 26.0 percent. Everything built before 1980 is 10,011 units, or 49.5 percent, and everything built before 1960 is 5,756 units, or 28.4 percent. The pre-1980 share sits close to one half, which squares with the median year built of 1981 and its margin of plus or minus 4. A median splits the housing in half. Half of the structures were built in 1981 or earlier and half in 1981 or later.

Three groups are the big ones. The 2000s estimate is 4,094 units, the 1939-or-earlier estimate is 3,705 and the 1990s estimate is 3,630. The 1939-or-earlier row is a single group that reaches back across every earlier decade. Be careful comparing the big groups with each other. The 1939-or-earlier group has a margin of plus or minus 364 and the 1990s group has a margin of plus or minus 454. The table cannot separate those two, and neither can this guide.

The small groups deserve the same care. The 2020-or-later estimate is 106 with a margin of plus or minus 67. The 1940s estimate is 580 with a margin of plus or minus 221. A margin that large says a few hundred houses of that age exist. It does not say there are exactly that many.

One limit matters for the first era rule below. The Census groups the 1970s together, so the table cannot isolate houses built before 1978. The closest figure available is the pre-1980 count of 10,011 units. If a house was built in 1977 or 1979, only its listing, the county records or the seller can tell you which side of the 1978 line it falls on.

The same table describes the buildings themselves. Of the 20,238 units, 16,211 are one-unit detached houses, or 80.1 percent. Another 976 are one-unit attached, or 4.8 percent. Buildings with two or more units add up to 1,815 units, or 9.0 percent. Mobile homes come to 1,136 units, or 5.6 percent, with a margin of plus or minus 277. For heating, of the 19,155 occupied units, 15,138 use utility gas, or 79.0 percent. Electricity heats 2,230 units, or 11.6 percent, and bottled, tank or LP gas heats 1,469, or 7.7 percent. Wood heats 153 units, or 0.8 percent, and the estimate for coal or coke is zero.

One more caution before the inspection sections. These are county-wide figures, and they cover the cities and villages inside the county as well as the unincorporated land. The Boone County Building Department describes itself as the building department for unincorporated Boone County. The City of Belvidere states that its own Building Department is responsible for permitting and inspecting all residential, commercial and industrial construction within the city. So the office that holds the permit record depends on where the address sits. Our guide to Belvidere homes by era covers the city's own housing, and the guide to Belvidere building inspections and certificates of occupancy covers that office.

What Each Era Means for an Inspection

An inspection does not change its checklist by era. The Illinois disclosure form asks the seller about the same 24 statements for every house, from the roof and chimney in item 6 to the electrical system in item 8 and the heating and cooling systems in item 12. What changes is which dated rule applies to the paperwork, and which questions you should put to the seller before the inspection clock starts. Take the eras in turn.

Built before 1978. The federal lead-based paint disclosure rule applies to most housing built before 1978. EPA explains the cutoff plainly. The Consumer Product Safety Commission banned residential lead-based paint in 1978, so the rule does not reach housing built after 1977. In Boone County the pre-1980 count of 10,011 units is the nearest the Census table comes to that line.

For a covered house, the rule spells out what happens before a contract is signed. The seller and the agents disclose any known information about lead-based paint and lead-based paint hazards. They provide the available records and reports. They hand the buyer the pamphlet "Protect Your Family From Lead in Your Home," and the contract carries a Lead Warning Statement. The seller must also give the buyer a 10-day period to conduct a paint inspection or risk assessment. That window is the reason to learn the build year early. A buyer who finds out on day eight that the house predates 1978 has far less room than one who knew at the first showing.

The rule has exemptions. Housing whose painted surfaces were tested by a certified lead-based paint inspector or risk assessor and found free of lead-based paint is exempt, and so are foreclosure sales. The Illinois form asks its own related question in item 17, which covers lead paint, lead water pipes, lead plumbing pipes and lead in the soil. Our guide to the Illinois seller disclosure report explains how the form and the federal paperwork fit together.

Asbestos belongs in the same conversation, with one difference. EPA's asbestos page gives no construction-year cutoff, so the era tells you where to look and not whether to worry. EPA lists the places asbestos has been found in buildings. Attic and wall insulation containing vermiculite is on the list. So are vinyl floor tiles and the backing on vinyl sheet flooring, roofing and siding shingles, and textured paint and patching compounds on walls and ceilings. Walls and floors around wood-burning stoves, hot water and steam pipes coated with asbestos, and oil and coal furnaces with asbestos-insulated door gaskets complete it. EPA adds that exposure may occur only when the material is disturbed or damaged. For a buyer, that turns the question into a renovation question. If the plan includes opening a ceiling, pulling up a floor or replacing a furnace, ask what the material is before the work is scheduled. Item 16 of the disclosure form puts the asbestos question to the seller in writing.

Built from 1980 through 1999. This group is 5,255 units, or 26.0 percent. So the paperwork for this group is the standard Illinois disclosure form plus whatever records the seller holds.

That puts the weight on the seller's records. The form states that "aware" means actual notice or actual knowledge without any specific investigation or inquiry, and that the statements are not warranties. So a seller's answer reflects what the seller actually knows, which is a reason to ask for the paper behind it. Ask when the roof, the water heater and the furnace were last replaced, and ask to see the receipts.

Built from 2000 on. This group is 4,972 units, or 24.6 percent. The county's page lists the 2021 International Building Code, the 2021 International Residential Code, the 2021 International Mechanical Code and the 2021 International Fuel Gas Code. It also lists the 2024 Illinois Energy Conservation Code, the 2020 National Electrical Code and the 2014 Illinois Plumbing Code, each with local or state amendments. The page gives no effective date for any edition. It lists the codes in force now, and it does not say which edition governed a given house when it was built. A buyer who needs that answer for one address should call the Building Department at 815.544.6176.

Mobile homes. The Census estimate is 1,136 units, with a margin of plus or minus 277. HUD's own history says the federal manufactured housing standards program commenced on June 15, 1976.

Things the build year does not decide. Several lines on the disclosure form apply to a 1925 farmhouse and a 2005 subdivision house alike. Item 3 asks about flooding or recurring leakage in the crawl space or basement, and item 4 asks whether the property is in a floodplain. Item 5 covers cracks and bulges in the basement or foundation. Item 18 covers mine subsidence, underground pits, settlement, sliding and upheaval. Items 19 and 20 ask about termites and wood boring insects, and item 23 asks whether the seller has received a notice of violation that has not been corrected. Radon is on the form too, at item 15, and it does not follow the decade either. Illinois's emergency management agency says radon is a radioactive element in the decay chain of naturally occurring uranium in soil, and that you cannot see, smell or taste it. The Illinois Department of Public Health states that the foundation makes no difference and that lower levels such as basements tend to have higher measured levels. IEMA's map page says all homes should be tested regardless of geographic location. Our guide to radon testing in Rockford-area homes walks through the testing steps.

Wells, Septic, Finished Basements and Decks

The year built tells you part of the story. The systems added or changed after a house went up tell you the rest, and the county's own pages are specific about each one.

Start with the private well. The Boone County Health Department issues the permit to construct, seal, deepen or modify a well, and the permit comes before the work starts. It asks for 48 hours' notice before work begins. An abandoned well has to be sealed within 30 days, by a licensed well driller, under the Illinois Water Well Construction Code. The department says Illinois requires every new well to be tested, and it recommends a sample every year and after any repair. The standard test covers coliform bacteria and nitrates. The coliform standard for well water is zero, and the EPA nitrate standard the department cites is 10 milligrams per liter as nitrogen. The department also notes that boiling does not remove nitrates and that it makes the concentration higher.

The county's page also covers well pits, and it spells out what to look for. The Illinois Water Well Construction Code prohibits building new wells in pits, but many existing wells are in them. A pit should be structurally sound and watertight. The well casing should extend at least 12 inches above the pit or basement floor, there should be a well seal, and the pit needs a watertight manhole and cover. For a finished basement that contains a well, the same list belongs on your inspection checklist.

Septic systems follow their own file. The Health Department says soil bores are required for a new installation and for replacement of a septic field. A plan review takes about 5 to 10 business days. The county also says that the septic plan and the well application must be approved and the permits issued before installation or drilling begins, and before a Boone County building permit is issued. A homeowner who adds a room, a pool or another structure over the field needs a septic permit for the alteration. The department recommends pumping every 2 to 3 years and keeping vehicle traffic off the field and the line between the tank and the field. If a house has an unused septic tank, dry well or cistern, the county says it must be properly abandoned and a record sent to the Health Department.

Here is where the county draws a line that matters in a sale. Well and septic evaluations for a real estate transaction are not required by the Boone County Department of Public Health. The department says they may be required by lending agencies or in real-estate contracts, and it calls an inspection a good idea for liability and to prevent unexpected expenses. You request one with the Real Estate Inspection Request form or by phone at 815-544-2951, extension 2. So the order of operations is yours to set in the contract, and it is worth deciding before the inspection period starts, not during it.

Then there is the finished basement, which is where era and renovation meet. Take a listing that shows a 1962 ranch with a bedroom in the basement. The county's Finished Basement handout says a permit is required for any finishing work within a basement. It adds that Health Department approval is part of the application for a bedroom addition. The ceiling must measure not less than 7 feet from the finished floor to the lowest projection, with a limited allowance for beams and girders. A basement with habitable space and every sleeping room needs an openable emergency escape, with a sill no higher than 44 inches. The net clear opening is 5 square feet for a grade floor window, at least 24 inches high and at least 20 inches wide. It must open without a key or tool, and a window that reaches those numbers only by removing a sash does not count. A window well needs at least 9 square feet of horizontal area, and a ladder if the well is deeper than 44 inches. The handout lists a pre-permit inspection to assess existing windows for egress, then rough-in, insulation and final inspections. Ask the seller for the permit and the final inspection. If there is none, you know a question has to be answered before you close.

The deck handout reads the same way. Building permits are required for all decks, porches and piers within unincorporated Boone County, and the application needs Health Department approval, which ties the deck back to the well and septic locations on the site plan. Footings on a deck attached to the dwelling must reach at least 42 inches below grade, and footings on an unattached deck at least 36 inches. A deck on an exterior wall has to be anchored with a ledger board and lag bolts, and the handout rules out toenails. The inspections are footing, rough-in and final. For a house with a deck, ask whether a permit and the three inspections are on record.

If you are buying acreage and not a house, our guide to buying land in Boone County goes deeper on zoning, wells and septic. The county also warns that if your address is rejected in its online permit system, it may not be located within the county's jurisdiction. That is a prompt to find out which municipality or office owns the permit, not a dead end.

Bottom Line

Boone County's housing sits on both sides of 1980. About 49.5 percent of its units date from before 1980, about 42.5 percent from 1990 or later, and the median year built is 1981. The year on a listing tells you which paperwork applies. Before 1978, the federal lead rule and its 10-day window apply. From 1980 through 1999, you rely on the seller's records and the standard Illinois disclosure form. From 2000 on, the county's current code list is the reference, and the Building Department answers which edition applied to a particular house.

The era does not settle three things. Ask what has been replaced and where the receipts are. Ask whether the finished basement, the deck or the addition was permitted, and which office holds the record. Ask whether the well, the septic system and the radon level have been tested. The county says well and septic evaluations are not required by the Health Department for a sale, and that a lender or the contract may require them anyway.

Start with the homes for sale in Boone County and read the year built before the photos. For what happens once you are under contract, our guide to what a home inspector checks covers the inspection itself, and the same list applies to a Boone County address.

These are estimates and published rules, not legal or tax advice. The Boone County Building Department, the Boone County Health Department and a licensed inspector confirm the facts for any one address.

The questions below are the ones a buyer should have answers to before the inspection period begins.

Frequently Asked Questions

If you are looking at homes for sale in Stillman Valley, the year built on the listing is the first fact to read. This guide uses the American Community Survey estimates for 2019 to 2023, Ogle County's own planning and health pages, the Illinois seller disclosure form and the federal rules that hang on a construction date. It describes houses and rules, not people. Gambino Realtors has been in business in the Rockford area since 1923.

What The Census Numbers Show By Decade

The Census Bureau's Table DP04 for Stillman Valley village counts 490 housing units. This is a survey estimate, and the margin of error on the total is plus or minus 108. Every figure below carries its own margin, so read the percentages as a shape and not as an exact tally of houses.

Here is the shape, from newest to oldest. The estimate for 2020 or later is zero, with a margin of plus or minus 12. The estimate for 2010 to 2019 is 4 units, or 0.8 percent. The 2000s add 32 units, or 6.5 percent, and the 1990s add 86, or 17.6 percent. The 1980s add 33, or 6.7 percent. The 1970s add 56, or 11.4 percent, and the 1960s add 87, or 17.8 percent. The 1950s add 58, or 11.8 percent, and the 1940s add 15, or 3.1 percent. Units built in 1939 or earlier come to 119, or 24.3 percent.

Those ten groups add up to the 490 total, and a few sums are worth having in hand. Built in 1990 or later is 122 units, or 24.9 percent. Built from 2000 on is 36 units, or 7.3 percent. The 1980s and 1990s together come to 119 units, or 24.3 percent. Everything built before 1990 is 368 units, or 75.1 percent, and everything built before 1980 is 335 units, or 68.4 percent. Before 1960 the count is 192 units, or 39.2 percent. Before 1950 it is 134 units, or 27.3 percent.

Two groups stand out. The 1939-or-earlier group, at 119 units, is the single largest of the ten. The 1960s group, at 87 units, is the largest of the decade-wide groups.

Be careful with the small groups and the big ones alike. The 1939-or-earlier estimate carries a margin of plus or minus 64. The 1960s estimate carries plus or minus 39, and the 1990s estimate carries plus or minus 46. The 1940s estimate is 15 with a margin of plus or minus 18, which means the table is saying a handful of such houses exist and nothing more exact. The zero for 2020 or later and the 4 for the 2010s are survey results for those groups, and the table does not explain them. They are one more reason to read the year on a specific listing and not to infer it from a decade count.

The Census Bureau also publishes the median year built for the village, which is 1966, with a margin of plus or minus 7. A median splits the housing in half. Half of the structures were built in 1966 or earlier and half in 1966 or later. Seven years either way is a wide band, so treat 1966 as the middle of the 1960s and not as a precise date.

The same table describes the buildings. Of the 490 units, 416 are one-unit detached houses, or 84.9 percent. Another 9 are one-unit attached. Buildings with two or more units add up to 65, or 13.3 percent. That includes 40 units in two-unit buildings and 25 units in buildings of three or four units. The estimates for buildings of five or more units are zero, and so is the estimate for mobile homes.

The table also covers rooms and bedrooms. The median is 6.3 rooms per unit, with a margin of plus or minus 0.7. For bedrooms, 106 units have two, or 21.6 percent, 302 have three, or 61.6 percent, 45 have four, or 9.2 percent, and 34 have one, or 6.9 percent. Three bedrooms is the largest group, though its margin is plus or minus 88. None of that tells you the condition of a house. The year built is the first fact on a listing that points to which dated rules apply.

One more row matters for an inspection. Among 465 occupied units, the estimate for utility gas as the main heating fuel is 414, or 89.0 percent, with a margin of plus or minus 95. Electricity is 47, or 10.1 percent, and wood is 4. The estimates for fuel oil, coal, bottled gas and solar are all zero. A heating system is one of the systems the Illinois disclosure form asks about, so the fuel on the listing tells you which equipment to ask about. The same table estimates zero occupied units lacking complete plumbing or kitchen facilities, with a margin of plus or minus 12.

What Each Era Means For An Inspection

An inspection does not change by era, because the Illinois disclosure form asks the seller about the same list of systems for every house. What changes is which dated rule reaches the paperwork, and which questions you should put to the seller before the inspector arrives. Take the eras in turn.

Built before 1978. The census groups do not split at 1978, so the pre-1980 count of 335 units is the closest figure available. The federal lead-based paint disclosure rule applies to most housing built before 1978. EPA explains the cutoff plainly. The Consumer Product Safety Commission banned residential lead-based paint in 1978, so the rule does not cover housing built after 1977.

For a covered house, the rule sets out what the seller and the agents must do before a contract is signed. They disclose any known information about lead-based paint and lead-based paint hazards. They provide all available records and reports. They give the buyer the pamphlet "Protect Your Family From Lead in Your Home," and the contract or an attachment carries a Lead Warning Statement. The seller must also give the buyer a 10-day period to have the paint inspected or assessed for hazards. That window is the reason to know the build year early.

The rule has exemptions. Housing in which the painted surfaces were tested by a certified lead-based paint inspector or risk assessor and found free of lead-based paint is exempt, and so are foreclosure sales. Leases of 100 days or less are exempt as well. Our guide to the Illinois seller disclosure report covers how the paperwork fits together.

EPA's page on sources of lead adds a few details that a buyer can use. It says a home built before 1978 is more likely to have lead-based paint, and that approximately three-quarters of the homes in the United States built before 1978 still contain some lead-based paint. It also says lead in soil is higher near the perimeter of buildings that used lead-based paint, because exterior paint that flakes or peels can get into the soil. Disclosure form item 17 asks the seller about lead paint, lead water pipes, lead plumbing pipes and lead in the soil, so one line covers four separate places to ask. For a renovation, repair or painting project in a home built before 1978, EPA points to a fact sheet on using a lead-safe certified contractor. Read it before you price any work.

Built before 1986. This is a separate date from 1978, and it comes from a separate rule. EPA's drinking water page says lead pipes are more likely to be found in older cities and in homes built before 1986. It also says that among homes without lead service lines, the most common problem is brass or chrome-plated brass faucets and plumbing with lead solder. In 2011 changes to the Safe Drinking Water Act lowered the allowable lead content that counts as "lead-free" to a weighted average of 0.25 percent across the wetted surfaces of pipes, fittings and fixtures, and 0.2 percent for solder and flux.

The census groups do not split at 1986 either. The 1980s group holds 33 units, with a margin of plus or minus 29, so the pre-1986 total cannot be read off the table. What you can say is that the 368 units built before 1990 are the ones where the plumbing date and the 1986 line deserve a question. Ask the seller what the water line and the interior pipes are made of, and when any of it was replaced. Disclosure form item 9 asks about the plumbing system and item 11 asks about unsafe conditions in the drinking water, so both lines give you somewhere to start.

Built before 1950, and the 1939-or-earlier group. The oldest block is also the biggest, at 119 units. No federal disclosure rule is tied to a construction year before 1978, and EPA's asbestos page gives no construction-year cutoff of its own. What it gives is a list of places the material has been used in building construction. The list includes attic and wall insulation that contains vermiculite, vinyl floor tiles and the backing on vinyl sheet flooring, roofing and siding shingles, and textured paint and patching compounds used on walls and ceilings. It also lists walls and floors around wood-burning stoves protected with asbestos paper, millboard or cement sheets, hot water and steam pipes coated with asbestos or covered with an asbestos blanket or tape, and oil and coal furnaces and door gaskets with asbestos insulation.

EPA adds that exposure may occur only when the asbestos-containing material is disturbed or damaged, and that fibers can be released during demolition, maintenance, repair and remodeling. For a buyer, the question matters when a renovation plan would disturb one of those materials. Ask before the work is planned and not after the walls are open. Form item 16 asks the seller about unsafe concentrations of or unsafe conditions relating to asbestos, and item 21 asks about underground fuel storage tanks.

Built from 1980 through 1999. This is 119 units, or 24.3 percent. So the paperwork for this group is the standard Illinois disclosure form and whatever records the seller has.

That makes the seller's records the point. The form states that the seller answers from actual knowledge, without any specific investigation or inquiry, and that the statements are not warranties. It also says the disclosures reflect the current condition of the premises and do not include previous problems that the seller reasonably believes have been corrected. Ask when each system was last replaced and ask to see the papers.

Built from 2000 on. This group is 36 units, or 7.3 percent. The sources read for this guide do not give a separate rule for these years, so the honest summary is that the dated lead and asbestos questions fall away and the seller disclosure form still applies. The 2011 change in the definition of "lead-free" plumbing falls within these years.

Radon, in every era. Radon is the one item on the form that does not depend on a build year at all. IEMA's map page says all homes should be tested regardless of geographic location. The Illinois Department of Public Health says radon moves through small spaces in a foundation, including floor drains, sump pits, crawl spaces, foundation cracks and gaps around pipes and wires. It also says the foundation makes no difference, because radon has been measured in buildings with varying foundation styles, and that lower levels such as basements tend to have higher measured levels.

The state agency's FAQ page reports that in an IEMA study, 41 percent of the homes tested in Illinois had levels higher than the action level of 4.0 picocuries per liter. The page does not give a year for the study, so read it as a statewide figure and not a statement about Stillman Valley. The only way to learn the level in a specific house is to have the air tested, and IEMA recommends professional testing in real estate transactions. Our guide to radon testing for buyers walks through that process. Form item 15 asks the seller about unsafe concentrations of radon.

Who Inspects What In Stillman Valley

Start with who writes the building rules. Ogle County says on its own FAQ page that it has not adopted a uniform building code, and that many cities and villages within the county have adopted building codes and should be contacted for that information. The county's Planning and Zoning Department regulates construction in the unincorporated area only. Its jurisdiction does not include land inside an incorporated city or village.

Stillman Valley is a village, and the Census Bureau lists it as one. That means the county's zoning pages describe the rules outside the village limits, and a project inside the limits goes to the village. The village's own website could not be confirmed when this guide was written, so this article does not quote a village building code, permit list or inspection schedule. It would be wrong to guess at one. Before you rely on any of the county rules below for a specific address, confirm with the village office whether the address sits inside or outside the limits.

With that limit stated, the county's pages still teach something useful about the houses themselves. In unincorporated Ogle County, a building permit is called a Zoning Certificate. The county says typically three zoning compliance inspections are made, at the stake-out stage, at the footings stage and at the end for the Occupancy Certificate. Then it adds a sentence worth repeating. "These inspections are not building inspections." They check that the project complies with the zoning ordinance, or with the flood damage prevention ordinance if the property is in a floodplain.

The practical meaning for a buyer is that a Zoning Certificate on file does not tell you the framing, wiring or plumbing was inspected to a building code. For work done in an older house, ask the seller which permits exist, which office issued them, and whether any inspection beyond the zoning check took place. The county FAQ also says a permit is generally not required for a re-roof, window replacement or siding replacement, so for those jobs the seller is the one to ask what was done and when.

The county FAQ also describes a state rule for new commercial buildings in places without a building code. Under Public Act 096-0704, no one may occupy a newly constructed commercial building in a non-building-code jurisdiction until a qualified inspector files a certification of inspection. The county page defines a commercial building as any building other than a single-family home, a dwelling with two or fewer apartments, condominiums or townhomes, or a farm building. By that definition, a new building with three or four apartments is not a single-family home or a two-unit dwelling, so it falls inside the definition. The census table shows 25 units in buildings of three or four units in the village. The county page ties the rule to newly constructed buildings. The sources do not say whether the village is a non-building-code jurisdiction, so treat this as a question for the village and not as a finding.

Wells and septic systems are a separate track, and the Ogle County Health Department handles them. The health department permits new septic installations and repairs under the county sewage code and the state's private sewage disposal code. After a permit is approved, the department completes an onsite inspection before the system gets covered up. It says septic tanks should be pumped every 3 to 5 years depending on the usage.

For a house that has a septic system, the health department's pages give specific numbers that apply to additions and pools. An above-ground pool must sit 10 feet from the septic tank and field. An in-ground pool must sit 25 feet away. For a dwelling, the tank must be 5 feet away and the field 10 feet away. A bedroom addition requires a determination that there is enough field for the added bedroom. If an addition or remodel costs more than twenty-five thousand dollars, an evaluation of the septic system by a licensed septic installer or the health department is needed. A site plan of the system can be requested from the county if the system is not too old, and otherwise a licensed installer has to verify where the tank and field are.

On the water side, the health department permits new wells and modifications, inspects a new well after it is installed, and tests the water for bacteria and nitrate. Illinois requires the owner to seal a well within 30 days after it is abandoned. Form item 10 asks about material defects in the well or well equipment. Item 14 asks about the septic, sanitary sewer or other disposal system.

The health department says plainly that well and septic evaluations for a real estate transaction are not required by the Ogle County Health Department, though lending agencies or the real estate contract may require them. The department needs the application and its Sanitary Evaluation Policy before an inspector calls to set up the appointment. The sources read for this guide do not say which streets in Stillman Valley are on a village water or sewer system and which are on a well or septic system, so that is another fact to confirm with the village for the specific address.

Last, the disclosure form is built for the seller to answer questions about both tracks. Items 3 and 4 ask about flooding or recurring leakage in the crawl space or basement and whether the property is in a floodplain. Item 5 asks about basement or foundation defects, including cracks and bulges. Item 23 asks whether the seller has received notice of a violation of local, state or federal laws that has not been corrected. The county's rule that a lot generally carries only one dwelling unit is also worth knowing for any house with a basement apartment or a converted outbuilding, though that rule applies in the unincorporated area and not necessarily inside the village.

Bottom Line

Stillman Valley's housing is weighted toward the older decades. The census estimate puts 335 of 490 units before 1980, the median year built at 1966, and the single biggest group at 1939 or earlier. Know the build year before the first showing, because the federal lead rule hangs on 1978 and gives the buyer a 10-day window.

Ask about three dates, in this order. 1978 for the lead paint disclosure. 1986 for lead pipes and solder. Test for radon in every house, since the state says all homes should be tested and that the foundation style makes no difference. Do not assume a county permit means a building inspection happened, because the county says its inspections are zoning checks.

The census numbers are estimates with real margins, so use them to understand the village and use the listing to understand the house. When you are ready to look, start with homes for sale in Stillman Valley, and read how the Ogle County tax bill works alongside it. For what the inspector looks at on the day, see what a home inspector checks. This guide is not legal, tax or financial advice. The Ogle County Planning and Zoning Department, the Ogle County Health Department and the village office confirm the rules for a specific address.

That covers the eras and the rules attached to them. The questions below cover the build year, the lead and radon rules and who inspects what.

Frequently Asked Questions

If you are comparing homes for sale in Byron, the yard is part of what you are buying. This guide covers what the city requires, the measurements printed on its own application forms, and what changes when an address sits outside the city limits in unincorporated Ogle County. Gambino Realtors is based in Rockford and has been in business since 1923. Everything below comes from pages the City of Byron and Ogle County publish. It is not legal advice, and only the city's building inspector or the county office can confirm how a rule applies to a particular lot.

What the City of Byron requires, and how the application works

The City of Byron says on its Building Permit Requirements page that it "requires that a building permit be obtained before starting any construction project." The page then lists the common items. Fences, decks and patios, pools or hot tubs, sheds or outbuildings and garages are all on that list. So are new construction, additions, demolition, re-roofing, solar panels, electric service upgrades, and structural remodeling.

Two entries on the list are easy to skim past. Re-roofing needs a permit in Byron. So does replacing a door or window when the size of the opening changes, which the city lists as its own item.

Permits come from Byron City Hall at 232 W Second Street, or from the city's website, where each type of project has its own downloadable form. There are separate forms for a fence, a deck, a shed or detached garage, and a swimming pool or hot tub, among others. The office is open Monday through Friday from 8 am to 4 pm, and the building inspector's line is 815-677-0516.

The city asks for three things with an application. The first is the completed form, which includes a declared value for the project. The second is a set of plans with enough detail and accurate dimensions that a tradesperson could build the project without asking for more information. The third is an up-to-date survey or lot drawing that shows where the project will sit.

The survey requirement applies directly to the projects this guide covers. The city says you need a survey or site plan whenever the project goes outside the footprint of the home, and it names a deck, a garage, a bay window, a roof overhang and a shed as examples. It also asks for the distances from existing and proposed structures to the adjacent lot lines, and it gives the reason in one phrase: those numbers are needed for zoning purposes. In other words, a drawing of the shed alone does not answer the question the city is asking. The question is where the shed sits relative to the lines.

That is also why the form for a shed and the form for a fence each ask whether the property pins have been located. A pin is the marker that fixes a corner of the lot. If you cannot find yours, a surveyor can set them again.

On timing, the city's applications page gives three plain instructions. Approval takes a day or two. You should apply one week before starting any work. And payment is by check or cash when the application is dropped off. The same page tells applicants to contact City Hall for current fees because they are subject to change. That caution applies to the fee figures in this guide as well. The fee sheet the city posts carries no printed date, so treat the numbers here as what the sheet said on the day this guide was written, and confirm them with City Hall before you write a check.

Fences and sheds: the numbers on the forms

Start with the fence, because the city's fence application carries more rules than any other form in the set. The fee is eighty dollars for a new or replacement fence. The application must come with a survey or a shop drawing showing the location and dimensions of the fence on the lot.

The height rule has a split in it. In residential areas, a fence cannot be over six feet tall in the side and rear yards. In front yards the picture changes. The application says no fences are allowed in a front yard without written permission from the Community Services Committee. The guidelines sheet attached to the form puts a number on that case: four feet maximum in a front yard, and only with the committee's written approval. So a front-yard fence is not simply a lower fence. It is a fence that needs a separate approval before the permit means anything.

Where the fence goes is its own list. Fences can be placed up to the property line, and the application says a fence must be erected on or within the property lines and may not extend onto any public right of way. The guidelines also say the finished face has to point outward. The flush side of the fence faces away from the property, with the posts on the inside and the boards or fence material on the outside.

Several limits come from what sits under or across the yard rather than from the fence itself:

• No fence may be built inside a drainage easement or a dedicated detention area.
• A fence may not block the natural flow of storm water runoff. If a swale crosses a fenced area, you have to leave room for water to pass under the fence.
• A fence may stand in a utility easement, but the utility companies can remove it when they need to work there, and the city says it would not be reinstalled. The yard must also stay accessible for that maintenance.
• Call J.U.L.I.E. at 1-800-892-0123 before any digging, so buried utilities are located first.

On a lot with an easement, the third item is the one to read twice. The city is not forbidding the fence there. It is saying the fence can be taken down for maintenance and will not be put back.

Materials are limited too. The guidelines allow chain link, wood, PVC, plastic, wrought iron and other materials the city approves. Barbed wire, woven wire, slatted snow fence and T posts are not permitted in residential districts. Every chain link fence needs top rails. Two inspections apply to a fence, a setback inspection to verify where it sits and a final inspection when it is finished, and the form asks you to call at least 24 hours ahead.

Now the shed. The city treats a shed and a detached garage under one application, and the fee works on a sliding line at 100 square feet. A structure of 100 square feet or less carries no fee on the application form. Over 100 square feet, the fee is twenty-five cents per square foot with a fifty dollar minimum, and the fee sheet adds that mechanical inspections are charged as the building and zoning administrator requires. If the shed has electric service, the code adds an inspection at eighty dollars.

The real substance is the accessory building code, section 17.20.080, which the form prints in full. It has six rules, and each one is a number or a yes-or-no:

• There must be a principal building on the lot. A shed cannot go on an empty lot.
• The structure cannot exceed fifteen feet in height, measured from the peak to the ground.
• It must sit at least ten feet from the principal building. The code gives the reason as fire code regulations.
• It must sit at least six feet from the side and rear lot lines.
• It cannot be built in an easement area or a drainage area.
• Electric to the building requires an additional inspection.

Put those numbers together and you can test a backyard on paper. Take a shed that is ten feet deep. Where the lot gives you a rear yard of twenty feet from the back of the house to the back line, the shed has to clear the house by ten feet and the rear line by six. That is sixteen feet of required clearance across the depth of the yard before the shed itself is counted. A twenty-foot yard does not leave room for a ten-foot-deep shed. This is arithmetic from the city's own form, not a ruling on any lot, and the survey is what settles it. But it shows why the city asks for setback dimensions on the front, rear and sides before it issues the permit.

The shed form also asks one question that deserves attention in a river town. It asks whether the proposed structure sits in a floodplain or a detention area. A yes changes which rules apply, and we cover that side of Byron in our guide to Byron flood zones and Ogle County flood rules.

Pools, hot tubs and decks

A pool or hot tub permit in Byron is one permit with three prices. The fee sheet lists an above-ground pool at eighty dollars, an in-ground pool at one hundred seventy-five dollars, and a hot tub or spa at eighty dollars. A note on the sheet says all swimming pool and hot tub permits include an electrical inspection. That is worth knowing, because the shed code charges separately for the same inspection.

The application asks for more technical detail than the fence or shed form. You give the length, width and depth, the shape, the water capacity in gallons, whether the pool is entirely above ground and its height above ground, and the make, model and capacity of the filtering system. You also attach a sketch that shows the lot layout, every building on the lot, and the distances from the pool or spa to the back and side lot lines. The form says a pool, hot tub or spa must be placed at least six feet from any lot line.

The enclosure rules live in the city code, chapter 8.58, and the application attaches them. The code defines a private swimming pool as a manmade rigid or semi-rigid receptacle for water deeper than twenty-four inches at any point, used for swimming, wading or bathing, in the ground or above it, and used only by the owner or occupant and guests. A shallow wading pool under that depth falls outside the definition. Anything deeper falls inside it.

For a pool inside the definition, the code says the owner must maintain a fence all the way around it. The fence has to be at least four feet high, with no gap or opening larger than six inches other than doors or gates. Every way in must be locked when the pool is not in use. Any gate or door through the fence needs a self-closing and self-latching device mounted at the top. A door of the dwelling itself can form part of the enclosure and does not need that device.

Above-ground pools get a specific allowance. If you rely on the wall, the code adds two conditions. The ladder must be lockable and locked when the pool is not in use, or removable and removed. And the deck around the pool must have a lockable gate that stays locked when the pool is not in use.

Hot tubs are handled in one sentence. An outdoor hot tub or spa must be enclosed by a fence meeting the same fence and gate standards, or it must be covered with a locked lid or cover when it is not in use. The lid is the simpler route for a tub on a patio. It also means a hot tub does not require a full perimeter fence if the cover locks.

Decks come with the longest list of numbers of any project on the city's forms. The fee is eighty dollars for a deck or porch without a roof. A porch with a roof is priced like a shed, at twenty-five cents a square foot with a fifty dollar minimum. The deck application lists what the inspector will look for:

• Postholes at least 42 inches deep. The specifications sheet adds that piers must be at least 8 inches across if round or 10 inches if square.
• Stairways not less than 36 inches wide at every point, with a riser no taller than 7-3/4 inches and treads at least 11 inches deep.
• Guardrails on any deck 30 inches or more above grade, with less than 4 inches between spindles.
• Handrails between 34 and 38 inches high.
• Posts that are pressure treated or water resistant, and galvanized metal post-to-beam connectors.
• Floor joists at a maximum of 16 inch centers when using 5/4 decking, rated for a 40 pound per square foot live load.

Two inspections are tied to the build sequence. The first is the pier inspection, after the holes are dug and before concrete is poured. The second is the final inspection after the deck is complete. The form asks you to call 24 hours ahead for the posthole inspection. The order is the point. If concrete goes into the holes before the inspector has looked, the hole depth can no longer be seen.

The deck form also carries a warning for anyone who pulls the permit in their own name for a contractor. It says that if you obtain the permit on behalf of a contractor, you are liable for all work, including any violations or incomplete work. The name on the permit is the name that answers for it.

Finally, the specifications sheet says the location of the deck on the property must meet all zoning requirements, and the form notes that other requirements apply for corner lots. The city does not spell out the corner-lot requirements on the form, so that is a question for the building inspector before you draw the plan.

Outside the city limits: Ogle County and the unincorporated areas

Not every Byron address is inside the city. The City of Byron posts a map of its corporate limits on its website, and it directs address questions to City Hall at 815-234-2762. The reason to check is that the permit office changes with the boundary. Ogle County's Planning & Zoning Department regulates construction only in the unincorporated area. Its FAQ says that its jurisdiction does not include land within incorporated cities and villages, and that a project inside a city or village goes to that city or village.

The county's system uses different words and different rules. Ogle County has not adopted a uniform building code, so what people call a building permit is called a Zoning Certificate there. A Zoning Certificate is required before construction of decks, patios, sheds, gazebos, garages, storage buildings and other accessory structures, along with dwellings and additions. The county says to allow a day or two for processing.

A swimming pool is covered when its design capacity is 5,000 gallons or more. That threshold is the county's, and it is a different test from the city's depth-based definition. A smaller pool might fall outside the county's requirement and inside the city's code, depending on which side of the line the house is on.

Fences are where the two systems split sharply. The county's FAQ says its zoning ordinance has no fence regulations, so a fence does not need a Zoning Certificate, with two exceptions. A fence in a designated floodway, or in an unmarked "A" zone on the county's flood maps, needs a Floodplain Development Permit first. And a fence at a road or street intersection has to respect the sight distance triangle, which keeps anything from impeding vision between 2 feet and 8 feet above grade within the triangle formed by the right-of-way lines and points 40 feet from their intersection. In Byron city limits a fence needs a permit and a height limit. In unincorporated Ogle County it does not, apart from those two cases.

The county FAQ also notes that re-roofing, window replacement and siding replacement generally do not need a permit. That is another point where the city's list is stricter. The city lists re-roofing as a permit item.

Inspections in the county are zoning inspections, not building inspections. The FAQ describes three: a stake-out inspection at the start, a footings inspection, and a final inspection that results in an Occupancy Certificate. To prepare for the first, you place stakes or paint where the structure will go, mark every lot line, and locate and mark the septic components. The county asks for the septic components to be marked at that stage, along with the lot lines.

One more layer sits outside both city and county. Many subdivisions carry private covenants and deed restrictions. The county says plainly that it does not enforce them, because they are agreements between property owners. Its advice is to get the subdivision covenants, the recorded deed or other documents, and to check with a homeowner's association if there is one, before adding a shed or a fence. Because those are private agreements the county does not enforce, the documents themselves are the place to look.

On enforcement, the county says it starts with written notice of the violation, or a spoken notice for a minor problem that is easy to fix, and that a firmer written order follows if that fails. Unresolved cases can go to the Ogle County Code Hearing Unit or to Circuit Court. The Planning & Zoning office is at 911 Pines Road in Oregon, and its number is 815-732-1190. It is open Monday through Friday from 8:30 to 4:30.

Two related guides cover other parts of owning in Byron. Our guide to Byron property taxes and your Ogle County bill covers the bill, and our guide to moving to Byron: water, sewer, trash and utilities covers who to call after closing.

Bottom line

Inside the City of Byron, a fence, shed, pool, hot tub or deck needs a permit first, a survey or lot drawing with distances to the lot lines, and an inspection or two on the way. The city's forms contain the real numbers: six feet for a side or rear fence, fifteen feet for a shed's height, ten feet from the house, six feet from the side and rear lines, a four-foot enclosure around a pool, and 42 inches for deck postholes. Outside the city limits, the county asks for a Zoning Certificate on decks, sheds and larger pools and has no fence permit at all, but private covenants can still apply.

Before you buy, ask whether the structures on the lot were permitted, check the corporate limits map to see which office applies, and read any subdivision covenants. Then confirm the figures here with the City of Byron building inspector or Ogle County Planning & Zoning, since the city says its fees can change. When you are ready to look at homes for sale in Byron, Gambino Realtors has been in business since 1923, and our full Illinois real estate guide lists every article in this series.

Before you dig, build or buy, these are the permit questions worth settling first.

Frequently Asked Questions

If you are weighing homes for sale in South Beloit, these rules matter twice. They set what you can add after closing, and they are the yardstick for any fence, shed, pool or deck already standing on a lot. Gambino Realtors has worked in the Rockford area since 1923, and this piece sticks to what the city's own code, forms and the county's handouts say. It is not legal advice. The zoning office at City Hall, 519 Blackhawk Blvd., 815-389-3023, confirms how any of it applies to a specific address.

Fences: What the Permit Covers and What It Limits

The fence rule sits in section 118-14(e)(3) of the city code. It applies to all fencing, landscape walls and decorative posts that reach 30 inches or more in height, for every land use. Fencing for public utilities and for local, state or federal government uses is excluded. A low garden border under 30 inches falls outside the section's reach.

The order of events is fixed. No fence may be erected until the property owner or an authorized agent has obtained a permit from the zoning administrator. The application goes to the city clerk with a detailed fence plan, drawn to scale, showing construction and elevation details. The city's form, last revised in March 2021, asks for the parcel number, the property size, the zoning classification, whether the lot is a corner lot, the fence material and the fence height. It also has boxes for floodway, floodplain and drainage easement. The form wants a top-view layout that shows the fence in relation to the side and rear property lines, the house, other buildings, electrical and telephone lines and, where they apply, the well and the septic system. An aerial photo from the county's WinGIS map may serve as the drawing, or you can submit your own on paper. Signing the form also gives the city's employees the temporary right to enter the property to inspect.

The code attaches real consequences to timing. A fence permit is valid for 120 days from the date the city clerk approves it. If it expires before the fence is finished, you need a new permit and you pay a new fee. A fence built before any permit was issued must be removed if it violates the rules. If it meets every restriction, it may stay only if you obtain the permit within 30 days after the city's notice, at double the regular fee. The permit comes first, and the code backs that order with removal and double fees.

Repairs have their own line. No permit is needed for a repair that does not exceed eight feet in total length, such as replacing fence boards or one section. Anything longer needs a permit before the work begins. Fences that already existed when the new chapter took effect are exempt from its provisions, with three exceptions: barbed wire fences, electrified fences and swimming pool enclosures. If an existing fence is substantially damaged or you voluntarily remove it, the replacement is a new fence under the current rules.

On materials, the residential list is wood, stone, brick, wrought iron, PVC or ABS, and chain link or wire mesh of 11 gauge or larger. The zoning administrator may accept an alternate material that is judged safe and attractive. A fence inside the primary front yard setback may use only decorative materials. The finished exterior has to be colored in a uniform manner, and fluorescent paint is prohibited. Barbed wire spikes, and any electric fence charged enough to cause a shock within seven feet of the ground, are unlawful, though government agencies may use barbed wire.

On height, the ceiling is six feet in a residential, commercial or industrial district unless the code says otherwise. A fence allowed in the primary front yard may not exceed four feet. Fences around public schools, public property, utilities, athletic fields and tennis courts may reach ten feet. The code also dictates which way the fence faces. Visible supports and structural parts go toward your own property, finished sides face out, and signage that is not part of the fence's construction is not allowed. Wood fencing must be treated with a preservative or painted, and every fence has to be kept structurally sound and attractive.

Corner lots deserve a closer read. The zoning administrator decides which street side counts as the secondary front yard. A fence along that side may extend beyond the building setback line by up to 50 percent of the distance between the setback line and the property line. Separately, no fence, structure or planting may sit in the sight triangle, which the fence section measures as 25 feet along each intersecting street right-of-way line and ten feet along a right-of-way and a driveway or alley. Section 118-7(h) describes a clear-view area in different terms. It limits anything inside a triangle formed by the street property lines and a line joining points one-half the right-of-way width from the intersection to three feet above grade, with trees pruned up to eight feet allowed. The two passages use different measurements, so ask the zoning office which one it will apply to your drawing before you order a single panel.

Two more details can change a plan. If the fence you want breaks a limit, the city has a separate fence variance application. It asks you to state the precise nature of the variation and the practical difficulty or hardship, and to attach a scale drawing covering at least 300 feet around each boundary plus a legal description. And the fence form still tells applicants to find material restrictions in "Section 118-398," a number from the chapter that was repealed in 2024. The same limits now live in section 118-14, so use the current text.

If the lot is in a mapped floodplain, Chapter 42 changes the picture. It lists walls and fences as "development." It also says single-family homes in the floodplain may have privacy fences if gates are installed to let water pass through, with the city deciding which sides get them, and the fence still needs the regular fence permit. Our guide to South Beloit flood zones and flood rules explains how the floodplain is mapped and what the city clerk handles.

Sheds, Detached Garages and Pools: The Accessory Structure Review

Chapter 118 defines an accessory structure as one that is subordinate to the principal building, serves it, is not temporary and sits on the same zoning lot. The list of accessory uses names a garage, carport, shed or building for domestic storage, and a swimming pool, bathhouse or cabana for the occupant and guests. The use table in section 118-10 marks sheds, private garages and carports, and swimming pools as permitted in six districts: RR, R1, R1A, R2, R2A and RM. The cells for the other districts are empty, and the table's key says an empty cell means prohibited. Your district comes from the city's zoning map, which the community development page posts as the Zoning Code Map 2022.

Before work begins, the owner applies to the zoning administrator for an accessory structure review permit. The application needs the property address and a scaled site plan. The plan shows the property lines and lot dimensions, the applicable setbacks, the location of the new structure, its dimensions and square footage, the dimensions and setbacks of every existing structure and the distance between the new structure and any other on the lot. A floor area greater than 199 square feet requires a building permit in addition to the review. Fees are whatever the city council sets from time to time, and the code itself prints no amount.

The 199-square-foot line is easy to see with arithmetic. A 12-by-14-foot shed is 168 square feet, so the zoning review covers it alone. A 14-by-16-foot shed is 224 square feet, so it needs the building permit as well. The city's accessory structure form reflects the same break. It asks you to tick "200 square feet or more" or "199 square feet or less," and it lists shed, detached garage, swimming pool and additions on one sheet.

The placement rules are specific. Where a side or rear yard is required, no part of an accessory building may sit closer than two and one-half feet to the lot line if the structure is under 500 square feet, and five feet if it is 500 square feet or more. In a residential district, a detached accessory building may not stand closer than ten feet to the principal building. Eaves and gutters may not project more than eight inches into a required side or rear yard. Any part of an accessory structure in a required side or rear yard may not exceed 15 feet in height. No accessory structure may go up before construction of the principal building has started. Together, accessory structures may cover no more than 40 percent of the required rear yard, and any number is allowed under that cap, except that no more than two sheds are allowed on one property.

On a reversed corner lot in a residential district, no accessory structure may sit in any yard closer to the street than one-half the adjacent public right-of-way, with the distance capped at 60 feet and never less than 30 feet. The city designates one front yard as primary and the other as secondary, and the secondary one is treated as a side or rear yard for this purpose.

Pools have two layers. The use table adds a placement condition: the pool and its mechanicals may not be in the front yard or within ten feet of the property lines. Then section 118-14(e)(1) sorts pools by type. A prefabricated above-ground pool more than two feet deep needs a building permit on top of the accessory structure review permit. Inflatable pools and plastic "kiddie pools" do not need an accessory structure review permit.

The barrier requirements come from a Winnebago County Building Division handout. It defines a swimming pool as any structure meant for swimming or recreational bathing that holds water over 24 inches deep, and it counts in-ground, above-ground and on-ground pools, hot tubs and spas. The barrier around an outdoor pool must stand at least 48 inches above grade, measured on the outside. The gap between grade and the bottom of the barrier may not exceed two inches. No opening may let a four-inch sphere pass. Pedestrian gates must open outward, away from the pool, and must be self-closing and self-latching. Where a wall of the house forms part of the barrier, the pool needs a powered safety cover, or an alarm on every door with direct access that sounds continuously for at least 30 seconds, or another means the governing body approves. Above-ground pool ladders must be lockable, removable or enclosed by a compliant barrier. A spa or hot tub with a safety cover that meets ASTM F1346 is exempt from the handout's provisions.

A companion handout covers pool electrical work. Receptacles within 20 feet of the inside pool wall need ground-fault protection. At least one general-purpose receptacle must sit between 10 and 20 feet from the wall. Underground wiring may not run within five feet of the pool except wiring that serves the pool equipment. The pool handout cites 1999 industry standards and carries no revision date, so confirm the current requirements with the Building Division at 815-319-4350 before buying equipment.

Decks and the Building Permit: Who Does What

A deck sits between two offices. The city's zoning administrator checks where it goes on the lot. Winnebago County's Building Division reviews how it is built, and the county's page lists the City of South Beloit among the municipalities it services. Chapter 14 of the city code makes that formal. It adopts the county's building code by reference, appoints the county's building inspectors as the city's inspectors, and adopts the county's permits and fees as the county amends them. The article notes that the county code was the 2015 International Building Code when the ordinance was written, plus whatever amendments the county board adopts, so the edition in force today is a question for the county.

Section 118-3(f) sets the trigger. No structure that stands six inches or more above the ground, and no structure classified as a building, may be erected, structurally altered or relocated until a building permit is issued. Structures that other city codes or policies deem not to need a permit are carved out. Section 118-3(g) puts zoning first. A building permit is not issued until the zoning administrator has stamped the application with a zoning clearance, and no certificate of occupancy comes before the zoning clearance. The city's accessory form has a line for "Addition Type: Deck," and the county's building permit application has separate entries for deck square footage, porch, detached accessory structures and swimming pool depth.

Where the deck may sit is a zoning question with a catch. The code lets open, unenclosed, uncovered porches, platforms, landings, stairways and terraces extend into a required front, rear or side yard by no more than four feet, as long as no part is more than four feet above grade and ground-level walks stay at least three feet wide. The word "deck" is not in that list. The code does name decks in its definition of lot coverage, alongside driveways, sidewalks and patios. The district table in section 118-10 lists site area, width, yards, area per dwelling unit and height, and it does not list a lot-coverage percentage. For a given deck, the zoning office is the one that says which category applies.

The county's deck handout is practical. It specifies a ledger lag-bolted to the house where the deck attaches to it, piers at least 12 inches in diameter and 42 inches deep where the deck attaches to a frost-protected structure, and a 40 pounds per square foot live load. Guardrails are required on any deck 30 inches or more above grade, at least 36 inches tall, with balusters spaced so a four-inch sphere cannot pass. Stairs need handrails on any flight with four or more risers. The companion stair sheet sets a maximum riser of seven and three-quarter inches and a minimum tread depth of ten inches. Three inspections are required: piers after the holes are dug and before the concrete is poured, rough after framing and before decking goes down, and final when the deck is done. The handout also says to call J.U.L.I.E. at 1-800-892-0123 at least 48 hours before digging. Its revision date is September 1, 2006, and it cites the 2003 residential code, so treat it as a starting checklist and ask the Building Division for the current one.

Skipping the process carries a stated penalty. Under section 118-3(i), a zoning violation is a misdemeanor with a fine of not less than two hundred fifty dollars and not more than seven hundred fifty dollars, and each day of a continuing violation is a separate offense. The owner or tenant, and any builder or contractor who took part, may each be found guilty. A building or use in violation is declared a nuisance. For a non-emergency violation, the zoning administrator gives notice, and the person has from zero up to 30 days to correct it, at the administrator's discretion. Building code violations go through the code enforcement hearing process in Chapter 34, Article VI, with notice from the city's code enforcement officer. For sellers, the Illinois residential disclosure report includes a statement about having received notice of a violation of local, state or federal laws relating to the property that has not been corrected.

Bottom line

In South Beloit, the city decides where a fence, shed, pool or deck may go, and the county's inspectors decide whether it is built right. Fences need a permit at 30 inches and up. Sheds and detached garages need the accessory review and, past 199 square feet, a building permit. Above-ground pools deeper than two feet need a building permit and a barrier. Decks go through zoning first and then county inspections at the piers, the rough stage and the end. If you are comparing homes for sale in South Beloit, bring the lot's zoning district and any permit numbers to the city and county before you plan a project.

Related guides cover the other side of owning here: how water, sewer, trash and utilities are set up when you move in, and what is on the South Beloit property tax bill. The Illinois Real Estate Guide lists every Gambino Realtors article in one place.

Those are the rules as the city and county print them. The answers below pick out a few specific points from them.

Frequently Asked Questions

That split matters when you are looking at homes for sale in Durand. A fence, a shed or a pool already on the lot may have a permit file, and a missing file is a question to ask before you close. Gambino Realtors has been in business since 1923, and this guide sticks to what the Village and the county publish. It covers which office to call, what each project requires, the fees written into the code, and the places where the published documents do not agree with each other.

Which Office Writes The Rules For The Lot

Start with the parcel, not the project. The Village of Durand is zoned and has its own zoning ordinance, and the Village's building and zoning page says plainly that permits are required and that you should contact the Zoning Department before starting a project. Winnebago County's Planning and Zoning Division describes its own job as serving unincorporated Winnebago County, "from large scale subdivisions to the construction of garden sheds and fences." The same county page adds that if the property sits within village or municipal limits, the village provides the planning and zoning service.

So a property with a Durand mailing address that sits outside the village limits falls to the county for zoning, and a property inside the limits falls to the Village. You can check where a parcel sits on the Village's zoning map or on the county's WinGIS property search, both of which the Village links from its building and zoning page. The county's parcel tools are also covered in a separate guide on this site about floodplain permits on unincorporated land, which is worth reading if the lot is outside the village.

Even inside the village, the county is part of the picture. The Village's page states that "Winnebago County requires building permits for all construction," and the county's Building Division lists the Village of Durand among the municipalities it services. The Village's own Municipal Code adopts the 2015 International Building Code "in the same form as currently adopted by Winnebago County." The practical result is two steps for a building permit. The Village's Zoning Administrator signs off first, and the county issues the building permit second. The Village page puts it this way: you need the Durand Zoning Administrator's written approval before applying for a county building permit.

The Village's zoning ordinance backs that order up. Its zoning permit article says a zoning permit is required before any building permit may be issued or any structure used. It also says the Building Officer shall not issue a building permit for a structure unless it conforms to an approved zoning permit. A certificate of occupancy is issued only when the conditions of the zoning permit are met. For a buyer, that means a finished structure with no zoning paperwork is missing the first step, not just the last.

Village Hall is at 308 W. Main Street and answers at (815) 248-2606. The Village lists office hours of Monday through Friday, 9:30 am to 4:30 pm. The county's Building Division and its Planning and Zoning Division both list (815) 319-4350. The Village page also asks everyone to call J.U.L.I.E. at 811 before digging.

The paperwork starts with the Village's Preliminary Checklist for Building Permit. The form explains its own purpose: to obtain a county building permit, it is necessary to determine whether any action is required by the Zoning Board. The applicant submits a site plan that shows existing buildings and the new construction with all dimensions, with the property pins located and marked, and with the distance from the property lines to every structure. An elevation plan shows a side view with height and slope. The site plan carries the applicant's name, address and a north arrow. The Municipal Code sets the fee for submitting the checklist at twenty-five dollars, non-refundable, and says the Zoning Administrator reviews a completed application within seven week days of filing.

One more caution before the project-by-project details. The zoning ordinance book on the Village's site carries footer dates of April 2018, with amendments listed through 2016 for the accessory structure section. The Municipal Code book is marked revised July 30, 2025. The two documents were written at different times and do not always line up, and this guide flags each place where they differ. Treat every number below as a reading of the published documents on the day this guide was written, and confirm it with Village Hall before you spend money.

Fences And Sheds

Fences first, because the Municipal Code gives them their own article. Section 7-72 says a permit shall be required before construction can begin on any fence within the Village. Applications are available at Village Hall, and the non-refundable fee of twenty-five dollars is paid when the application is filed. The Superintendent of Public Works reviews a completed application within seven week days and must accept or reject it within fourteen days of filing.

The code spells out what happens if the answer is no. A rejected application goes to the Streets and Alleys Committee for a recommendation. A denied applicant may ask for the Village Board to review it. The applicant also gets a one-time chance to file an amended application without a fee. An approved application stays valid for one year, and a renewal before it expires costs twenty dollars, also non-refundable. All applications, accepted or rejected, are kept on file by the Village Clerk.

The code sets construction rules that you can check with a tape measure and a look at the line. The support members face the property the fence belongs to, so the finished side faces the neighbor. The fence has to be kept repaired to ensure its integrity. It cannot interfere with or impede the flow of surface drainage. It cannot go into an easement unless the entity holding the easement gives written permission, and that entity is not responsible for putting the fence back if it later uses its easement.

Height comes from the zoning ordinance, not the code article. The zoning ordinance allows fences, walls and hedges not over six feet in a required side or rear yard, and not over three and one-half feet in a front yard. A fence on a corner lot has a second limit. Inside the triangle formed by the street property lines and a line connecting points equal to one-half of the right-of-way width, nothing may exceed two and one-half feet above the grade at the edge of the pavement, except trees pruned up to eight feet. The zoning ordinance also says walls and fences must be durable, weather resistant, rust proof and kept plumb and true, that masonry walls need foundations at least 42 inches below grade, and that open grid metal fences such as chain link may not be used in front yards except in industrial districts.

If the height or the yard location you want is not allowed, the zoning ordinance has a way to ask. Its variation article lets the Village Board of Trustees grant variations on fences, walls, hedges, screening and yards, but only after the Board of Appeals finds practical difficulties and not merely convenience. The application goes to the Zoning Administrator with a description of the hardship, the names and addresses of adjacent property owners, and a scale drawing, along with a fee set by the Board of Trustees.

Sheds are covered by the zoning ordinance's accessory structure section, and the rules are layered by size. A structure of 200 square feet or larger requires a building permit and must be securely anchored to a foundation or to a concrete pad at least four inches thick. A structure of more than 64 square feet but less than 200 square feet needs a permit from the Village, at twenty-five dollars, payable when the application is filed. Under 200 square feet the Village Board only recommends anchoring with the manufacturer's kit. The ordinance does not set a permit requirement for a structure of 64 square feet or less, but it does say that every accessory structure of any size requires a zoning inspection for the proper placement of the structure. A small shed still has to be put where the rules allow.

Placement has its own list. No accessory structure may sit in a required front yard. None may be built before the principal structure unless a Special Use Permit is first obtained. None may sit in an alley, a waterway or an easement without a variation. In the side and rear yards, the total area of all accessory structures may not exceed 900 square feet, no side may be longer than 36 feet, and no single structure may exceed 750 square feet unless a blueprint or scale drawing is submitted and approved. The maximum wall height is ten feet. In the RR and R1 districts, an accessory structure may not exceed 50 percent of the floor area of the principal use. The ordinance sends you to its Zoning Schedule for the minimum distances to side and rear lot lines, and that schedule is a table that could not be read from the published file. Ask the Zoning Administrator for the setback that applies to your district.

There is one more trap in the shed rules. The ordinance says an accessory structure of any size may need a Winnebago County building permit if it is to be improved with electric, plumbing, heating, insulation or the like. The footprint is not the only thing that triggers a permit. What goes into the building can too.

Decks And Pools

Decks are the one project that does not have a Village article of its own. The Municipal Code's list of building articles runs through demolition, fences, building operations, moving buildings, swimming pools and solar systems, and it has no deck section. The zoning ordinance defines a deck as "a flat floor area attached to or adjoining a residence which is not enclosed and does not contain a solid roof." A deck therefore runs through the two-step process described above. The Zoning Administrator checks placement, and the county issues the building permit.

Placement has one specific written rule. The zoning ordinance lets open, unenclosed, uncovered platforms, porches, landings and stairways extend into a required yard by not more than four feet, as long as ground-level walks are not reduced below three feet of unobstructed width. It lets an unenclosed, uncovered porch with a floor not higher than eight inches above grade do the same. A deck that goes past those limits needs the Zoning Administrator's answer before it is built, not after.

The county's construction rules for decks are on its handout, which is dated September 1, 2006 and cites the 2003 International Residential Code. It is a reference for what an inspector looks for, and the county should confirm it still applies to your project. The handout asks for a ledger lag bolted to the existing building with double half-inch lag bolts 16 inches on center, and corrosion-resistive flashing at the ledger. Piers are at least 12 inches in diameter and 42 inches deep. Joists are at most 16 inches on center when 5/4 decking is used, and a deck is rated for a 40 pound per square foot live load. Guardrails are required on any deck 30 inches or more above grade, they are at least 36 inches high, and the balusters are spaced no more than four inches apart. Stairs have a 36 inch tread width, and a run of four or more risers needs a handrail on at least one side. Exterior stairs also need a light source.

The handout lists three inspections. The first is for the piers, after the holes are dug and before concrete is poured. The second is the rough inspection, after the deck is framed and before the decking goes down. The third is the final. The handout also says in its own words that the location of the deck must meet all zoning requirements.

Pools have a full article of their own in the Municipal Code. A swimming pool is any structure intended for swimming or recreational bathing that contains water over 24 inches deep, in-ground or above-ground. Portable wading pools of 24 inches or less are not swimming pools under the article. The permit requirement attaches to a pool with a capacity of 2,500 gallons or more, at twenty-five dollars. There is no additional fee if you file a fence permit for the enclosure at the same time.

The application is signed by an owner, a beneficial owner of a trust, or the contractor or installer, and it is filed with the Village Clerk. It includes plans showing the location of the pool, the distance to the lot lines, the type and size of the fence and the gate locations, and a north arrow. The Superintendent of Public Works has to approve the plans before the pool is built. A pool may not be in any front yard, and the code sets it no closer than ten feet to a side-yard property line and fifteen feet to a back property line. The zoning ordinance describes the pool setback differently. It says no pool or its mechanical equipment may be in a required front yard or less than ten feet from a property line. The two numbers differ for the back line, so ask the Village which controls before you site a pool.

The barrier rules are written in detail. Every pool must be completely enclosed by a fence or other structure. The barrier is at least six feet high for an in-ground pool and four feet high for an above-ground pool that does not carry its own barrier. No gap other than a gate may be larger than four inches, and no opening may pass a four-inch sphere. Chain link used as the barrier must be at least 11 gauge with a mesh of no more than 1-3/4 inches. Gates and doors must be self-closing and self-latching, with the latch at the top of the gate and out of reach of small children, and they must be closed and locked when the pool is not in use. The code makes the owner responsible, or the tenant if the home is occupied by a tenant.

Where the pool wall itself is the barrier, as with an above-ground pool, a few more rules apply. The barrier can be mounted on top of the pool structure, with no more than four inches of clearance between the top of the pool and the bottom of the barrier, and the top of the barrier at least four feet above the ground next to it. A ladder or steps must be capable of being secured, locked or removed. The county's handout for pools, dated November 2006, sets a 48 inch barrier and exempts a spa or hot tub with a safety cover that meets ASTM F1346. Because the county height differs from the Village's six-foot and four-foot figures, ask which office is issuing the permit for your project and follow that office's number.

Some pool rules are not about construction. The code says it is unlawful to discharge pool water into the sanitary sewer, and that pool water goes to the storm sewer. The owner or tenant must limit the number of users, the hours and the conduct so that noise does not unreasonably disturb the neighbors. Every pool needs a purification or filtration system. A violation of the pool article is a misdemeanor, each day is a separate offense, and the fine runs from twenty-five to one hundred dollars. Elsewhere the code sets a general penalty of up to seven hundred fifty dollars per day for a violation with no specific penalty listed.

Bottom Line

In Durand, the order matters more than any single number. The Zoning Administrator comes first, the county building permit comes second, and the inspections come last. Fences cost twenty-five dollars to apply for and last one year. Sheds need a Village permit from over 64 square feet and a building permit at 200 square feet or more. Pools need a permit from 2,500 gallons and a barrier that follows the code. Decks run through zoning and the county, and the Village code has no deck article to point to.

The published documents disagree in places, and an honest guide has to say so. The zoning ordinance and the Municipal Code give different pool setbacks. The county and the Village give different pool barrier heights. The zoning schedule with the district setbacks was not readable, and the county's fee schedule was not used here. For every one of those, the answer is a phone call to Village Hall at (815) 248-2606 before you build, buy or sign. If you are weighing homes for sale in Durand, ask the seller for the permit file on any fence, shed, pool or deck, and ask the Village what it has on record for the address. The same applies to the other parts of the purchase, including the flood zone rules, the property tax bill and the water, sewer and garbage setup, and the full list of guides is in the Illinois Real Estate Guide.

That is the end of the rules as published. The questions below take the main points one at a time.

Frequently Asked Questions

That split is the first thing to settle when you look at homes for sale in Pecatonica, because a fence, deck or pool already on the lot may have a permit file, and the file sits in a different office depending on the parcel. Gambino Realtors has been in business since 1923. This guide sticks to what the village and the county publish, and it says plainly where their pages go quiet.

What the Village of Pecatonica publishes

The village's Building Permits page is short. It says permits and inspections are required for new construction, reconstruction, repairing, moving a structure, roofing, windows and swimming pools. It then adds that this includes, but is not limited to, dwellings, sheds, decks, garages and porches. The words "not limited to" matter. The page is not a complete list, and a project that is missing from it is not thereby exempt.

Pools get a threshold. An in-ground or above-ground swimming pool needs a permit when it is 18 inches or more in depth, or when it holds 2,500 or more gallons. The page also says inspections are required for, but not limited to, electrical work, reconstruction, chimneys and roofing. Approval of a building permit takes 3 to 5 business days, and every building project must comply with the setback regulations.

The short application form is where the individual projects appear. Each of these carries a minimum fee of 75 dollars on the form:

• Moving or upgrading electric service
• A storage shed of up to 250 square feet
• A swimming pool
• A deck, porch, steps, ramp or concrete slab patio
• A fence
• A sign
• A re-roof

Three of those lines, the shed, the pool and the sign, are starred. The form explains the star in one sentence: electrical work on those items has an additional fee. A shed or pool that involves electrical work therefore carries more than the 75 dollar minimum. The form also says that projects not listed require the long permit application so a project outside that list goes on the long application.

The word "minimum" deserves a second look. A village ordinance from 2014 says a municipal fee is charged for every building permit and for every inspection that comes out of it. The Board of Trustees sets the fee schedule and can amend it, and the Village Clerk keeps the current schedule for public inspection. So the figure printed on the form is the floor, and the current schedule at Village Hall is the authority on anything above it. This guide did not find a posted schedule with higher figures.

The form asks for more than a fee. It wants a description of the work and a diagram, either attached or drawn on the back of the page. It asks which zoning class the lot is in, with R1 for a one-family dwelling, R2 for two-family, R3 for multi-family, and commercial and industrial as the other choices. It asks for the estimated value of the work and the contractor's name if there is one. It also asks for the parcel number, and it says that number is on the tax bill and can be found through the county property search or by calling the Assessment Office at 815-239-1394. At the very top sits a yes-or-no question: is the property in a flood plain?

Approval comes only after the fee is paid and the Building Inspector signs off. Once the permit is issued, the card that comes with it is meant for display at the construction site, and the form says it must be visible from the street the construction fronts.

Forms can be picked up at Village Hall, 405 Main Street, phone 815-239-2310, or downloaded from the village's Forms page. A solar ordinance from 2024 also says a building permit is obtained from the Village Clerk's office, which tells you where the paperwork lives.

Sheds, pools and decks under the village's building codes

The permit form tells you that a permit is needed. The adopted codes tell you what an inspector will look at. In Ordinance 2024-07 the village adopted the International Building Code, the International Existing Building Code and the International Swimming Pool and Spa Code, all in their 2024 editions, "in their entirety by reference." It adopted the 2024 International Residential Code the same way. Copies stay on file at the Village Clerk's office for public inspection. A reader who wants the actual pool barrier or deck framing language will find it in those ICC books, and this guide does not reproduce them. One oddity is worth knowing about. The posted copy of the ordinance still carries "2006 Edition" in some older amendment lines, so a question about which edition governs a specific detail belongs at Village Hall.

The same ordinance adds village amendments, and several of them land on a homeowner's yard projects.

The shed amendment is the simplest. Section R328.1 says all sheds shall be securely anchored either to a foundation or to the ground. Anchoring to the ground can be done with metal ground screws, metal stakes, treated wood stakes or other approved methods. The amendment names ground screws and stakes, so anchoring to the ground does not require a concrete foundation.

The downspout amendment affects any new roof, including a shed or a garage. Downspouts that do not connect to the storm sewer must discharge into splash blocks. Those blocks may be no closer to the abutting property line than one-half of the distance between the building and that line. The water may not flow across walking or driving surfaces. When the point of discharge is within five feet of the property line, the discharge pipe must connect directly to a storm sewer, though the village may vary the requirement when site conditions warrant it.

Two more amendments touch decks and doors. Window wells need a protective cover that can support a 250 pound load. And all exit doors and patio doors must have temporary or permanently installed steps on the exterior to get final occupancy. The only exception in the text is a door that sits six feet off final grade, which must then be securely secured shut.

Roofs follow their own logic. The Building Permits page lists roofing among the work that needs a permit. A 2020 ordinance then amended the code so that no building permit is required for re-roofing less than 25 percent of the total area of a roof of any structure. The page does not mention that exemption, and the form lists a re-roof at the 75 dollar minimum with no qualifier. The two village documents therefore point in different directions for a small repair, and a short call settles it before a crew arrives.

Fences and the zoning chapter

The fence is where the village's published pages say the least. The short form lists fences at the 75 dollar minimum and nothing else. The rules about how tall a fence may be, which material is allowed and how close it may sit to a lot line belong to the zoning chapter, Chapter 153 of the village code. This guide could not open that chapter in a readable form. The village's code host refused the request, and the municipal code library did not load. No height or setback number is given here for that reason, and none should be assumed from a neighboring town.

One citation does confirm that the chapter regulates fences. The 2024 solar ordinance says a yard holding a ground-mounted solar system must provide a privacy fence along adjacent properties, and that the fencing must conform to Section 153.007(D). The same ordinance limits a ground-mounted system to five feet in height, to rear yards only, to 30 percent of the required rear yard, and to a spot at least five feet from interior side and rear lot lines. Solar is a narrow case, but it shows that fence rules in Pecatonica sit inside the zoning chapter and that the chapter is amended from time to time.

The village posts its official zoning map on its Zoning page for download, and the board adopted a new official map by ordinance in December 2023. For a fence or an accessory building, the map answers the question the form asks, which is the zoning class of the lot. The village's Planning and Zoning committee advises the board on zoning text amendments, map amendments and special use permits, and it meets as needed.

Property maintenance sits behind all of this. In 2014 the village adopted the International Property Maintenance Code, 2006 edition, to govern the conditions and maintenance of all property, buildings and structures. The adopting ordinance sets owner fines of not less than 100 dollars and not more than 750 dollars per violation. That code is about what a deck or shed looks like and how it holds up after it is built, which is a different question from whether it was permitted.

When the lot is outside village limits: Winnebago County

Winnebago County's Planning and Zoning staff say they serve unincorporated land "from large scale subdivisions to the construction of garden sheds and fences." The same page says that if the property is inside a village or municipality, the governing village provides the planning, zoning and subdivision service. So the county page and the village page describe the same line from opposite sides.

The county's Building Division page lists whom it serves. The list is the villages of Cherry Valley, Durand, New Milford, Rockton and Roscoe, the City of South Beloit, and unincorporated Winnebago County. Pecatonica is not on it, which fits with the village issuing its own permits.

How do you tell which side a parcel is on? A postal address will not settle it, because the mailing address and the village boundary are different things. One practical check is the tax bill. For tax year 2025, the Winnebago County Clerk's rate report shows a Pecatonica Village line of 0.6190 in tax code 286, and the report shows a similar code without that village line. The Pecatonica property tax guide walks through those codes line by line. A tax code is evidence and not a ruling, so the county property search and the Planning and Zoning staff are the places to confirm the boundary.

On unincorporated land the county asks for a zoning clearance first. Its application lists the accessory structures it covers: a shed, pole building, detached garage, deck, patio, fence, pool, driveway, parking lot, canopy, solar panels, sign or wind energy system. Every item on that list uses the same form. The form asks for the parcel number, the height of the proposed structure, its square footage, proposed front, side and rear setbacks, and how many acres of soil will be disturbed. It also asks whether the site is served by a well, septic, public water or public sewer.

A zoning clearance expires within 60 days of issuance if a building permit has not been issued or construction has not begun. The county's Community Development office is at 404 Elm Street, Room 403, in Rockford. The office is open Monday through Friday from 8 a.m. to 5 p.m., permits are issued from 8 a.m. to 3 p.m., and the phone number is 815-319-4350.

The county page also explains the escape hatch. The county names the common ones: a decrease in a required yard setback and an increase in the allowable size of an accessory structure.

Flood zones add a layer. The county's surface water ordinance applies to unincorporated land and treats the construction of walls or fences as development. The county floodplain permit guide covers that process, and the village form asks the same flood plain question in a single line.

The county's handouts for pools and decks

The Building Division posts handouts for pools and decks, and they put numbers where the village page gives none. They are county documents for the county's jurisdiction. The village adopted its own codes, so treat the figures below as a way to see what a pool or deck inspection checks, not as the village's rules.

For pools, the county's handout defines a swimming pool as any structure that holds water more than 24 inches deep, hot tubs and spas included. The village page, by contrast, starts its pool rule at 18 inches. That is a real difference between two offices in the same county. The county barrier rules are specific. The top of the barrier must be at least 48 inches above grade, the gap under it can be no more than 2 inches, and no opening may let a 4-inch sphere pass. Pedestrian gates must open outward, away from the pool, and be self-closing and self-latching. If a wall of the house is part of the barrier, the pool needs either a powered safety cover or alarms on every door that opens to the pool.

For decks, the county's handout requires guardrails where a deck is 30 inches or more above grade, with a guardrail height of not less than 36 inches and balusters spaced so a 4-inch sphere cannot pass. It calls for piers of at least 12 inches in diameter and 42 inches deep where a deck attaches to a frost-protected structure, stairs at least 36 inches wide, and a maximum riser height of 7 and 3/4 inches with treads at least 10 inches deep. One caution applies. These sheets cite the 2003 edition of the residential code and the stair sheet is dated September 2006. Ask the Building Division which edition it applies to a new permit.

Bottom line

Start with the parcel. If it is inside the village, the Village of Pecatonica issues the permit, the short form carries a 75 dollar minimum for each of a fence, shed, pool and deck, and the 2024 ICC codes plus the village amendments decide what an inspector checks. If it is outside, the Winnebago County Planning and Zoning office issues a zoning clearance first, and the county handouts show what its inspectors look for.

Three points are worth carrying with you. Electrical work on a shed or pool adds a fee. Starting without a permit doubles the permit fee on the village form. And the village's fence rules live in a zoning chapter this guide could not read, so a call to Village Hall is the only way to get a height and setback answer for a particular lot. When you are weighing homes for sale in Pecatonica, ask for the permit file on any deck, pool or outbuilding, and ask the office that holds it to confirm. The Pecatonica moving guide and the Illinois Real Estate Guide cover the rest of the move.

These answers take the projects one at a time, starting with the fence.

Frequently Asked Questions

If you are comparing homes for sale in South Beloit, the year built on the listing is the place to start. This guide uses the American Community Survey estimates for 2019 to 2023, the Winnebago County Building Division's own handouts, the City of South Beloit's sewer inspection form, the Illinois seller disclosure form and federal rules that depend on a construction date. It describes houses and rules, not people. Gambino Realtors has been in business in the Rockford area since 1923.

What The Census Numbers Show By Decade

The Census Bureau's Table DP04 for the City of South Beloit counts 3,256 housing units. This is a survey estimate, and the margin of error on the total is plus or minus 295. Every figure below carries its own margin, and several are wide, so read the percentages as a shape and not as an exact tally of houses.

Here is the shape, from newest to oldest. The estimate for 2020 or later is zero, with a margin of plus or minus 17. The 2010s add 64 units, or 2.0 percent. The 2000s add 846, or 26.0 percent. The 1990s add 714, or 21.9 percent. The 1980s add 161, or 4.9 percent. The 1970s add 360, or 11.1 percent, and the 1960s add 183, or 5.6 percent. The 1950s add 381, or 11.7 percent, and the 1940s add 96, or 2.9 percent. Units built in 1939 or earlier come to 451, or 13.9 percent.

Group those decades and the picture is easier to hold. The 2000s and later account for 910 units, or 27.9 percent. The two decades of the 1980s and 1990s account for 875, or 26.9 percent. Everything before 1980 comes to 1,471 units, or 45.2 percent. Before 1960 the count is 928, or 28.5 percent, and before 1950 it is 547, or 16.8 percent. Those are sums of the estimates above, so they carry margins of their own.

The 2000s estimate is 846 units with a margin of plus or minus 183, and the 1990s estimate is 714 with a margin of plus or minus 221, so the two ranges overlap. The 1950s are 381 and the 1970s are 360, each with margins above 160. The 1939-or-earlier group has a margin of plus or minus 225 on an estimate of 451. If a specific house matters to you, the county's property record and the listing are better evidence than any decade bin.

The census table also shows what these buildings are. Of the 3,256 units, 2,344 are single-family detached houses, or 72.0 percent, and 203 are single-family attached, or 6.2 percent. Buildings with two or more units add up to 528, or 16.2 percent. The estimate for mobile homes is 181 units, or 5.6 percent. The table reports zero occupied units lacking complete plumbing facilities, with a margin of plus or minus 17.

Heating is the other place where the table speaks clearly. Of 3,130 occupied units, 2,484 heat with utility gas, or 79.4 percent. Another 621 use electricity, or 19.8 percent. Wood is 19 units and no fuel used is 6. The estimates for bottled or tank gas, fuel oil, coal and solar are all zero. A listing that mentions an oil tank or a wood stove is describing something that the table counts at 19 units or zero, and the Illinois disclosure form has a separate line for underground fuel storage tanks and another for a fireplace or woodburning stove.

One caution about the bins. The Census groups split at 1980 and 1960, not at 1978. The lead paint rule, covered below, is tied to 1978. The pre-1980 count of 1,471 is the closest figure available, and it is slightly larger than the group the federal rule covers. Do not read it as a count of lead-paint houses.

What Each Era Means For An Inspection

An inspection report does not change by era, because the Illinois disclosure form asks the seller about the same list of systems for every house. What changes is which dated rule applies to the paperwork, and which questions to put to the seller before the inspection happens. Take the groups in turn.

Built before 1978. About 45.2 percent of South Beloit's units fall before 1980. The federal lead-based paint disclosure rule applies to most pre-1978 private housing. EPA's page explains the cutoff plainly. The Consumer Product Safety Commission banned residential lead-based paint in 1978, so the rule does not cover housing built after 1977.

For a covered house, the rule sets out what the seller and the agents must do before a contract is signed. They disclose any known information about lead-based paint and lead-based paint hazards. They provide the available records and reports. They give the buyer a copy of the pamphlet "Protect Your Family From Lead in Your Home," and the contract carries a Lead Warning Statement. The seller must also give the buyer a 10-day period to have the paint inspected or assessed for lead-based paint hazards. That window is the reason to know the build year early.

The rule has exemptions. Housing in which the painted surfaces were tested by a certified lead-based inspector or risk assessor and found free of lead-based paint is exempt, and so are foreclosure sales. Our guide to the Illinois seller disclosure report covers how the state paperwork fits together.

The Illinois form asks about the same materials for every house. Item 16 asks about asbestos. Item 17 asks about lead paint, lead water pipes, lead plumbing pipes and lead in the soil. Item 21 asks about underground fuel storage tanks. For a house built before 1978, read those lines alongside the federal lead disclosure.

EPA's asbestos page is the source for what to look for, and it gives no construction-year cutoff. It lists where asbestos has been used in building materials. The list includes attic and wall insulation that contains vermiculite, vinyl floor tiles and the backing on vinyl sheet flooring, roofing and siding shingles, textured paint and patching compounds on walls and ceilings, and walls and floors around wood-burning stoves. It also lists hot water and steam pipes coated with asbestos and oil and coal furnaces with asbestos-insulated door gaskets. EPA adds that exposure may occur only when the material is disturbed or damaged. For a buyer, the question matters when a renovation plan would disturb one of those materials, so ask before the work is planned.

Built from 1980 through 1999. This is 875 units, or 26.9 percent, and the median year built for the whole city, 1990, falls inside it. The lead rule has already ended, and the asbestos and radon questions are asked of every house. So the paperwork for this group is the standard Illinois disclosure form and whatever records the seller has.

That makes the seller's records the point. The form states that the seller answers from actual knowledge, without any specific investigation or inquiry, and that the statements are not warranties. It also says the seller has a continuing obligation to supplement the report before closing. Ask when each system was last replaced and ask to see the papers.

Built from 2000 on. This group is 910 units, or 27.9 percent.

The footings handout cites the 2003 edition of the International Residential Code, section R403. It says exterior walls must be supported on continuous solid or fully grouted masonry or concrete footings, wood foundations or another approved structural system. It adds that footings must sit on undisturbed natural soil or engineered fill, that spread footings must be at least 6 inches thick, and that exterior footings must be placed at least 12 inches below the undisturbed ground.

The drainage handout, section R405, requires drains around concrete or masonry foundations that retain earth and enclose habitable or usable space below grade. The drain has to discharge by gravity or by mechanical means into an approved drainage system. There is one exception. A drain is not required when the foundation sits on well-drained ground or on sand and gravel mixture soils, which the handout calls Group 1 soils. The county's companion drawing of the drain tile cross section, revised in September 2006, shows a frost protected footing depth of 42 inches minimum and an 8 by 16 inch minimum footing. For a buyer, the point is that the county expects a drain around a below-grade foundation unless the soil is Group 1.

The escape-opening handout, section R310, matters when a basement has been finished. Basements with habitable space and every sleeping room need at least one openable emergency escape and rescue opening. Where a basement contains sleeping rooms, an opening is required in each one. The sill can be no higher than 44 inches above the floor. The net clear opening must be at least 5.7 square feet, or 5 square feet at the grade floor, at least 24 inches high and at least 20 inches wide, and it must work from inside without keys or tools. A window well must be at least 9 square feet. If a listing counts a basement room as a bedroom, ask whether that room has an opening that meets those numbers and whether the finishing was permitted.

The handouts cite the 2003 edition, and the county's Codes and Ordinances page lists newer ones. It states that as of April 1, 2016, the Building Division follows the 2015 International Building Code, the 2015 International Residential Code, the 2014 National Electric Code, the 2015 International Fire Code, the 2015 International Fuel Gas Code, the 2015 International Mechanical Code and the 2014 Illinois State Plumbing Code. The handouts do not say when the county first enforced each rule, so a buyer who needs to know which edition applied to a particular house should ask the Building Division at 815-319-4350.

Built 2020 or later. The estimate is zero, with a margin of plus or minus 17, so the census table gives a buyer nothing to work with for this group. The 2010s add 64 units, or 2.0 percent. For any house that is new construction, the city's sewer inspection form states that all internal plumbing must be in place before certification, and it asks the same eight questions as it does for an older house.

Manufactured homes. The estimate of 181 mobile homes, or 5.6 percent, is a different kind of record, because a manufactured home is dated by a federal program and not by a local permit year. The U.S. Department of Housing and Urban Development's manufactured housing history says Congress passed the Manufactured Housing Construction and Safety Standards Act in 1974 and that the federal program commenced on June 15, 1976. A buyer looking at a manufactured home should ask the seller for the date of manufacture and for any paperwork the seller has, and should ask the city or county what a transfer of that kind requires.

Sewer, Water And The Paper Trail Specific To South Beloit

Several parts of a house do not follow the decade it was built in. South Beloit has one rule that touches every sale on the city sewer system, and it is worth knowing before the first showing.

The City of South Beloit publishes a Clearwater Inspection Form for account transfers and new accounts. The form states that it is required by Chapter 106, Article III of the city's Code of Ordinances and that an Illinois-licensed plumber completes it. It asks that the form be submitted at least 10 days before closing. It is not valid without the signature and complete plumber information, and the certification is valid for one year from the date of inspection.

The form asks eight yes or no questions. Does a roof drain discharge to the sanitary sewer? Does a foundation drain? Does a storm or ground water sump pump? Does a combination storm and sanitary pump? Is there a diverter valve on the storm water sump pump discharge? Is there a sanitary sewer sump pit without a sealed bottom? Is there a flexible discharge hose on the sump pump? Are there backflow preventers, such as sanitary check valves?

This is where era matters in a practical way. The county's drainage handout describes drains around foundations that enclose habitable space below grade. The city's form asks where that foundation drain and the sump pump discharge. A house with a below-grade foundation and a sump pit has those parts to check. The form does not say which decade is more likely to have which arrangement, so the plumber's answer on the specific house is the evidence. If the answer is improper, the buyer should ask the city what it requires, using the number on the form, 815-389-3070, before closing.

A related note comes straight from the city's Public Works page. It warns that sewer backup damage may not automatically be covered by a homeowners or renters insurance policy, tells people to ask their insurance agent whether they are covered for sewer backups, and says special endorsements can be added to a policy. That line is worth a phone call before closing, whatever the build year. Our guide to moving to South Beloit: water, sewer, trash and utilities goes through the account steps in more detail.

On the water side, the city's Public Works page lists Illinois American Water as the water utility and Rock Energy Co-Op as the electric and gas utility. The disclosure form has a line for unsafe conditions in the drinking water and another for the well. A listing that shows a private well is also asking a different set of questions. The County Health Department says you most likely have a well if the water line has no meter and you get no water bill, and most likely a septic system if you get no wastewater bill. It recommends testing a well once a year for coliform bacteria, nitrates and nitrites, and keeping the well casing at least 8 inches above ground. To find a septic system, request the "as built" drawing from the local health department, look for inspection caps, lids or manhole covers, or hire a service provider. The department's list ends with "Ask your realtor or seller."

Flooding and earth movement are separate lines on the state form and do not follow the decade either. Items 2 and 4 ask about flood hazard insurance and whether the property is in a floodplain, and item 3 asks about flooding or recurring leakage in the crawl space or basement. Item 18 asks about mine subsidence, underground pits, settlement, sliding, upheaval or other earth stability defects. Our guide to South Beloit flood zones and flood rules covers the map side of that question.

Radon does not follow the decade either, with one exception for new construction. The Illinois Emergency Management Agency states that radon is a radioactive gas from the decay of naturally occurring uranium in soil, and that you cannot see, smell or taste it. The Illinois Department of Public Health explains that it moves through small spaces in a foundation, including floor drains, sump pits, crawl spaces, foundation cracks and gaps around pipes and wires. It states that the foundation makes no difference and that lower levels such as basements tend to have higher measured levels. It also reports an IEMA study in which 41 percent of homes tested in Illinois had levels above the action level of 4.0 picocuries per liter.

The agency's map page says that all homes should be tested regardless of geographic location, and it recommends professional testing in real estate transactions. The exception for new construction is that since June 2013 the Radon Resistant Construction Act has required passive radon reduction techniques during construction. The state's radon laws require that buyers be informed and that test results be disclosed, but they do not require testing or mitigation. Line 15 of the disclosure form is where the seller answers on radon.

Bottom Line

South Beloit's housing stock splits roughly in half at 1990. The census estimates 49.9 percent from 1990 on and 45.2 percent from before 1980, with a median year built of 1990 and wide margins on the older bins. That makes the build year on a listing a prompt for three practical checks and not a verdict on the house.

For a house from before 1978, ask for the lead disclosure and use the 10-day window. For a basement that has been finished, ask whether the sleeping room has an escape opening that meets the county's numbers and whether the work was permitted. The Winnebago County Building Division at 815-319-4350 can answer which codes apply to a given address.

None of this is legal or financial advice, and it does not replace a licensed inspector, plumber or attorney. It tells you which questions to ask and which office answers them. If you want to see what is on the market now, start with the homes for sale in South Beloit, and use the Illinois Real Estate Guide to find the rest of our local guides.

Before you go, a few of the questions that come up when a buyer sees an older build year on a South Beloit listing.

Frequently Asked Questions

If you are comparing homes for sale in Poplar Grove, the year built on a listing is the place to start. This guide uses the American Community Survey estimates for 2019 to 2023, pages from the Village, Boone County and the Illinois Department of Public Health, the Illinois seller disclosure form and the federal rules that depend on a construction date. It describes houses and rules, not people. Gambino Realtors is a Rockford brokerage that has been in business since 1923.

What The Census Numbers Show By Decade

The Census Bureau's Table DP04 for the Village of Poplar Grove counts 1,581 housing units. This is a survey estimate, and the margin of error on the total is plus or minus 330. Every figure below carries its own margin, so read the percentages as a shape and not as a tally of houses.

Here is the shape, from newest to oldest. The estimate for 2020 or later is 21 units, or 1.3 percent. The estimate for 2010 to 2019 is 67 units, or 4.2 percent. The 2000s add 882 units, or 55.8 percent. The 1990s add 291, or 18.4 percent. The 1980s add 45, or 2.8 percent, and the 1970s add 55, or 3.5 percent. The 1960s add 12, or 0.8 percent, and the 1950s add 30, or 1.9 percent. The estimate for the 1940s is zero. Units built in 1939 or earlier come to 178, or 11.3 percent.

Those ten groups add up to the 1,581 total, and a few sums are worth having in hand. Built in 1990 or later is 1,261 units, or 79.8 percent. Built from 2000 on is 970 units, or 61.4 percent. Built from 2010 on is 88 units, or 5.6 percent. The 1980s and 1990s together come to 336 units, or 21.3 percent. Everything built before 1990 is 320 units, or 20.2 percent, and everything built before 1980 is 275 units, or 17.4 percent. Before 1960 the count is 208 units, or 13.2 percent.

Two details stand out. The first is that one decade carries more than half of the table. The 2000s group, at 882 units and 55.8 percent, is larger than every other group put together, though its own margin is plus or minus 294. The second is at the older end. The 1939-or-earlier group, at 178 units, is larger than the 1940s, 1950s, 1960s, 1970s and 1980s groups added together, which come to 142. So the oldest group is the biggest block of pre-1990 units, even though everything before 1990 is only about a fifth of the whole.

Be careful with the small groups. The estimate for 2010 to 2019 is 67 units with a margin of plus or minus 65, which means the true figure could sit anywhere from nearly zero to about double the estimate. The estimate for 2020 or later is 21 with a margin of plus or minus 35. The estimate for the 1940s is zero with a margin of plus or minus 12. Do not read a decade as empty or full from a number that small. The median year built is 2002, with a margin of plus or minus 2 years, and that figure is the steadier one.

The same table sorts units by type of structure. Of the 1,581 units, 1,312 are one-unit detached buildings, or 83.0 percent, and 135 are one-unit attached, or 8.5 percent. Mobile homes come to 114 units, or 7.2 percent, with a margin of plus or minus 90. Buildings with 20 or more units come to 20. The estimates for buildings of 2 to 19 units are all zero. The table also estimates 1,470 occupied units, or 93.0 percent, and 111 vacant units. None of that tells you how old any single house is, which is why the listing's year built still matters more than any table.

One limit applies to everything above. The Census year-built groups are decades, and the rules that matter to an inspection are keyed to specific dates. A table can tell you the shape of the housing stock. It cannot tell you whether the house on the listing in front of you was built before or after a particular rule took hold. The listing, the county records and the seller disclosure do that job.

What Each Era Means For An Inspection

One federal rule turns on a construction year, and it is the lead-based paint disclosure rule. The EPA says it applies to most pre-1978 private housing, public housing, federally owned housing and housing receiving federal assistance. It does not apply to housing built after 1977, because the Consumer Product Safety Commission banned residential lead-based paint in 1978. It also does not apply where painted surfaces were tested by a certified lead-based inspector or risk assessor and found to be lead-based paint free, and it does not apply to foreclosure sales.

What the rule requires is specific. Before a contract is signed, sellers, landlords and agents must disclose any known information about lead-based paint and lead-based paint hazards. They must provide all available records and reports, give the buyer a copy of the pamphlet "Protect Your Family From Lead in Your Home," and include a "Lead Warning Statement" in the contract or as an attachment. Sellers must also give buyers a 10-day period to conduct a paint inspection or risk assessment. That period is a right to look. It is not a finding, so a buyer who wants an answer has to use it.

The Census groups do not split 1978. The 1970s group of 55 units straddles that line, and the 1960s and earlier groups sit wholly before it. For Poplar Grove, then, the year built on the listing decides whether the rule applies. The Census numbers only say that the older groups are a minority here. Everything before 1980 is 275 units, or 17.4 percent, and that figure is an upper limit on how many units fall before 1978.

The Illinois seller disclosure report is not tied to a year. The form in 765 ILCS 77/35 states that its purpose is to give prospective buyers information about material defects "before the signing of a contract." Its statements cover flooding or recurring leakage in a crawl space or basement, defects in the basement or foundation including cracks and bulges, the roof, ceilings and chimney, the electrical system, the plumbing, the well, the septic or sanitary sewer, radon, asbestos, and lead paint or lead pipes. A seller answers for whatever the seller is aware of. The form defines "aware" as actual notice or actual knowledge without any specific investigation or inquiry, and it says the disclosures are not warranties. Our guide to the Illinois seller disclosure report walks through the form line by line.

Asbestos is the next question, and the EPA's own page is careful about it. The page lists where asbestos may be found in a house. The list includes attic and wall insulation containing vermiculite, vinyl floor tiles and the backing on vinyl sheet flooring, roofing and siding shingles, textured paint and patching compounds on walls and ceilings, hot water and steam pipes coated with asbestos, and oil and coal furnaces and door gaskets. It also says that, in general, exposure may occur only when the asbestos-containing material is disturbed or damaged. The page gives no construction year after which a house is clear. So the age of a house does not settle the question, and the list works better as a set of materials to look at before any renovation than as a date.

For the 1980s and 1990s group, which is 336 units or 21.3 percent of the table, the sources read for this guide name no federal paint rule and no special Illinois rule keyed to those decades. That is a plain answer and not a gap in the research. For these houses the inspection is a condition inspection, and the seller disclosure form is the document that frames it, because it asks about the roof, the electrical system, the plumbing and the heating and cooling systems separately from the year the structure was built.

The 2000s group is the largest by far, so the permit record is the place to look. The Village of Poplar Grove says on its building page that a homeowner who builds without a permit risks the insurer's response: "If you build without a permit, your insurance company may not honor your policy." It also says the permit process is a public record and that potential buyers are checking with the Village what permits have been obtained. For a house in this group, and for any deck, finished basement or addition that was added later, that is a direct question to put to Village Hall at 815-765-3201. Our guide to Poplar Grove permits for fences, sheds, pools and decks covers the permit side in more detail.

A word about building codes. The Village's building codes page lists the 2020 National Electrical Code, the 2014 Illinois Plumbing Code, the 2021 ICC International Code, the 2024 Illinois Energy Conservation Code and the 2018 Illinois Accessibility Code, and it links an ordinance titled Building Code Editions. That is the list the Village adopts now. The page does not say which editions applied in earlier years, so the list describes today's rules and not any one house. A house from the 2000s was permitted under whatever was in force then, and the permit file is the place to see it.

Radon is where the era question changes shape. The Illinois Emergency Management Agency says that since June 2013 the Radon Resistant Construction Act has required the installation of passive radon reduction techniques during construction. The 2010 to 2019 Census group, which is 67 units by estimate, straddles that date, and the 2020-or-later group of 21 units sits after it. Neither fact removes the need to test. The same agency's radon map page says all homes should be tested regardless of geographic location, and it recommends professional testing in real estate transactions. The action level is 4.0 picocuries per liter of air.

The Illinois Department of Public Health adds two points that bear on a home inspection. First, radon moves through small spaces in a foundation, including floor drains, sump pits, crawl spaces, foundation cracks and gaps around pipes and wires, and the department says the foundation makes no difference, because radon has been measured in buildings with varying foundation styles. Second, lower levels such as basements tend to have higher measured levels. The department also reports that 41 percent of homes tested for radon in Illinois had levels higher than the action level. Illinois law requires that a buyer be informed about radon and that test results be disclosed, but it does not require a property to be tested or mitigated. A year-built group tells you nothing about the result. Only a test does. Our guide to radon testing in Rockford-area homes covers how a test fits into a purchase.

Basements deserve a separate look. The Boone County Building Department's finished basement handout is written for unincorporated Boone County, and the Village of Poplar Grove runs its own permits for addresses inside the village, so the Village answers which rules apply to a particular address. The county handout is still a clear statement of what a code official looks for. It says a permit is required for any finishing work within a basement. Basements need a ceiling height of not less than 7 feet. A basement with habitable space needs at least one openable emergency escape with a sill height of not more than 44 inches. The net clear opening must be at least 5 square feet, 24 inches high and 20 inches wide, and it must open without a key or tool. A window well needs at least 9 square feet of horizontal area and 36 inches of projection and width, and a ladder once it is deeper than 44 inches. Lumber in contact with concrete must be treated. The inspections run from rough-in through insulation to final.

Those details turn into inspection questions. Was the basement finished with a permit? Does each bedroom in the basement have an escape opening that meets the dimensions? Are the window wells the size the handout describes? The county handout adds that a bedroom addition needs Health Department approval, which links the basement question to the well and septic question in the next section.

Mobile homes are their own category in the table. The estimate is 114 units, or 7.2 percent, with a wide margin of plus or minus 90. The federal standards program for manufactured housing commenced on June 15, 1976, according to HUD's own history of the program.

Water, Sewer, Heating And The Paper Trail

The Census table also reports the main heating fuel for the 1,470 occupied units. Utility gas heats 1,405 of them, or 95.6 percent, with a margin of plus or minus 304. Bottled, tank or LP gas is 25 units, or 1.7 percent, and electricity is 40 units, or 2.7 percent. The estimates for fuel oil, coal, wood, solar and other fuels are all zero. The same table estimates zero occupied units lacking complete plumbing facilities.

The village's own water system matters to an inspection because it sets what you can ask for. The Village says it owns and operates its own water, with five active wells and four pump houses, water towers plus gravity for pressure, and total storage of 450,000 gallons. It publishes three annual water quality reports, for the North, South and West Countryside systems. Its 2025 report for the North system says the source of drinking water is ground water and gives a lead range of 0.02 parts per billion to 0.84 parts per billion in the 2025 results. The Village page also publishes hardness by well area, 410 milligrams per liter near Wells 2 and 3, 420 near Well 4 and 377 near Well 5.

The 2025 report is plain about lead in the house itself. It says lead in drinking water comes primarily from materials and components associated with service lines and home plumbing, and that you share the responsibility for protecting yourself from the lead in your home plumbing. It says the water supply has developed a service line material inventory and that a copy is available from the water operator. Before drinking tap water, the report advises flushing pipes for several minutes. That is the water side of the lead question that the paint rule covers on the paint side. Our guide to moving to Poplar Grove, water, sewer, trash and wells covers the utility side of a move.

Not every address is on the village system, and the sources read for this guide do not say which streets are or are not. Where a property has its own well or septic system, the Boone County Health Department is the office. It says well and septic evaluations for a real estate transaction are not required by the department but may be required by lending agencies or in real estate contracts, and it calls an inspection a good idea for liability purposes and to prevent unexpected expenses related to well and septic repairs. You can set an appointment at 815-544-2951, extension 2.

On wells, the department's page says the Illinois Department of Public Health recommends a water sample annually or anytime the well has been repaired. The standard for coliform bacteria in well water is zero, and coliform-positive water is considered unsafe to drink. The EPA standard for nitrate is 10 milligrams per liter as nitrogen. An abandoned well must be sealed within 30 days, under Section 920.120 of the Illinois Water Well Construction Code, and sealing needs a permit. On septic systems, the department says installation must be done by an Illinois licensed and Boone County licensed installer, and that no portion of a private sewage disposal system may be covered or concealed until the health officer has inspected and approved it. A buyer reading an inspection report can use those lines to see whether a well or septic item is a routine test or a real question.

Last, there is the paper trail, which is where an inspection becomes a decision. Pull together four documents. The seller disclosure report states what the seller knows. The permit record at Village Hall states what work the Village has approved. The Boone County Health Department's records state what is on file for a well or septic system. The Village's water quality reports state what the water supply measured. None of the four is a warranty. Each is a dated statement from an office that can be contacted. This guide is not legal, tax or financial advice. The Village, the county and your attorney confirm what applies to a specific address.

Bottom Line

The Census estimates put the Village of Poplar Grove at 1,581 housing units. About 79.8 percent were built in 1990 or later, the 2000s alone are 55.8 percent, and the median year built is 2002. Roughly 17.4 percent come from before 1980. For the 1990-and-later group the questions are the permit record, the radon test, the basement and the well or septic system. For the older group, add the lead-based paint disclosure rule for housing built before 1978 and a careful look at the materials the EPA lists for asbestos. Year built is the first fact on a listing, and it points to which questions to ask. If you are looking at homes for sale in Poplar Grove, put the year built next to the permit record, a radon test and the seller disclosure report before you decide.

A few of the points above are easy to forget in the middle of a purchase, so here they are in the order a buyer meets them. Read the year built on the listing. Ask whether a lead-based paint disclosure applies. Read the seller disclosure report in full. Ask the Village which permits are on file. Test for radon. Ask the Boone County Health Department about any well or septic system. Then let an inspector walk the house with all of that in hand.

The questions below come up at the point where a listing turns into a decision. Each answer sticks to what the offices named above have published.

Frequently Asked Questions

If you are comparing homes for sale in Byron, the year built on the listing is the first fact to read. This guide uses the American Community Survey estimates, the City of Byron's own code of ordinances, the Ogle County pages, the Illinois seller disclosure form and the federal rules that depend on a construction date. It describes houses and rules, not people. Gambino Realtors has been in business in the Rockford area since 1923.

What The Census Numbers Show By Decade

The Census Bureau's Table DP04 for the City of Byron counts 1,521 housing units, with a margin of error of plus or minus 156. This is a survey estimate. Every figure below carries its own margin, so read the percentages as a shape and not as a tally of houses.

Here is the shape, from newest to oldest. The estimate for 2020 or later is zero units. The 2010s add 48 units, or 3.2 percent. The 2000s add 339, or 22.3 percent. The 1990s add 260, or 17.1 percent. The 1980s add 194, or 12.8 percent, and the 1970s add 173, or 11.4 percent. The 1960s add 64, or 4.2 percent. The 1950s add 181, or 11.9 percent, and the 1940s add 74, or 4.9 percent. Units built in 1939 or earlier come to 188, or 12.4 percent. Those ten groups add up to the 1,521 total.

A few sums are worth having in hand. Built before 1980 is 680 units, or 44.7 percent. Built before 1960 is 443 units, or 29.1 percent. Built before 1990 is 874 units, or 57.5 percent. The 1980s and 1990s together come to 454 units, or 29.9 percent, and everything built from 2000 on is 387 units, or 25.4 percent. The Census Bureau also publishes the median year built for the city, which is 1984, with a margin of plus or minus 7. A median splits the housing in half, so half of the structures date from 1984 or earlier and half from 1984 or later.

Two details stand out. The 2000s are the largest single group at 339 units. At the other end, the 1939-or-earlier group, at 188 units, is bigger than the 1940s group and the 1960s group combined, which come to 138.

Be careful with the small groups. The 1940s estimate is 74 units with a margin of plus or minus 104, so the margin is larger than the estimate itself. The 1960s estimate is 64 with a margin of plus or minus 51. The 2010s estimate is 48 with a margin of plus or minus 38. A margin that size means the true figure could sit well away from the estimate. Use the table to see the shape of the housing stock, then confirm the year on the specific listing.

The same table describes the buildings. Of the 1,521 units, 1,130 are one-unit detached houses, or 74.3 percent. Another 98 are one-unit attached, or 6.4 percent. Buildings with two or more units add up to 293, or 19.3 percent, split between two-unit buildings (62), three- and four-unit buildings (113) and buildings of five to nine units (118). The table's estimate for buildings of ten or more units is zero, and so is the estimate for mobile homes. The median is 5.7 rooms per unit.

The building type matters to an inspection because the city's smoke detector chapter and its sprinkler amendment treat a structure with more than one dwelling unit differently from a single-family house. For a duplex or a small apartment building, read those rules as well as the ones below.

What Each Era Means For An Inspection

An inspection looks at the same systems in a house of any age, and the Illinois disclosure form asks the seller the same 24 statements whatever the year. What the year changes is which dated rules and which dated materials come into play. Take the eras in turn, using only the dates the official sources themselves give.

Built before 1950. The 1939-or-earlier group and the 1940s group together hold 262 units, or 17.2 percent. These houses sit on the older side of every date the federal pages set out. The federal lead-based paint disclosure rule covers housing built before 1978, with exceptions. EPA says lead pipes are more likely to be found in homes built before 1986. And EPA's page on vermiculite insulation says a mine near Libby, Montana supplied over 70 percent of the vermiculite sold in the United States from 1919 to 1990, and that the vermiculite from that mine was contaminated with asbestos.

None of that means a particular house has any of it. It tells you which questions to ask. EPA's advice is that if you have vermiculite insulation you should assume it may be contaminated and look at it without disturbing it. The material is a pebble-like, pour-in product, gray-brown or silver-gold in color. EPA lists attic and wall insulation containing vermiculite among the places asbestos has been found, so the attic is where an inspector should be asked to look.

The disclosure form carries the rest of the older-house questions. Item 5 asks about basement or foundation defects, including cracks and bulges. Item 8 asks about the electrical system and item 9 about the plumbing system, which the form says includes the water heater and the sump pump. Item 21 asks about underground fuel storage tanks. Items 19 and 20 ask about termites and wood boring insects, and the city's own adopted table lists the termite rating for Byron as "MOD/HEAVY." The form also says it reflects the current condition of the premises and does not include previous problems the seller reasonably believes have been corrected. A foundation crack that was patched may therefore not show up as a yes, so ask for the repair records.

Built from 1950 through 1979. These three decades hold 418 units, or 27.5 percent. The 1970s group has a wrinkle. The lead rule's cutoff is 1978 and the 1970s group runs through 1979, so the table cannot separate houses the rule covers from houses it does not. The 680 figure for everything before 1980 is the closest count available, and the year on the listing is the only way to settle a given house.

For a covered house, the rule sets out what the seller and the agents do before a contract is signed. They disclose any known information about lead-based paint and lead-based paint hazards, provide the available records and reports, and give the buyer the pamphlet "Protect Your Family From Lead in Your Home." The contract carries a Lead Warning Statement. The seller also gives the buyer a 10-day period to have the house inspected or assessed for lead-based paint or lead-based paint hazards. That window is the reason to know the build year early. EPA lists exemptions, including housing built after 1977, housing tested by a certified inspector or risk assessor and found free of lead-based paint, and foreclosure sales.

Asbestos is the second question for this window, and EPA gives it no construction-year cutoff. The agency lists roofing and siding shingles, vinyl floor tiles and the backing on vinyl sheet flooring, and textured paint and patching compounds on walls and ceilings among the building materials that have contained it. EPA's own wording is that exposure may occur only when the material is disturbed or damaged. That turns the question into one about renovation plans. Before opening a ceiling with textured paint or lifting an old floor, ask what the material is and whether it needs testing first.

Plumbing adds the 1986 date. Where a house has no lead service line, EPA names brass or chrome-plated brass faucets and plumbing with lead solder as the problem. Item 17 on the Illinois form is the matching question. It asks about lead paint, lead water pipes, lead plumbing pipes and lead in the soil.

Built from 1980 through 1999. The 1980s and 1990s hold 454 units, or 29.9 percent, and the city's median year built, 1984, sits inside this window. The federal lead paint rule does not reach these houses, because they were built after 1977. The two other federal dates fall inside or at the edge of the window. EPA's 1986 plumbing date lands in the middle of the 1980s, so a house from 1981 sits on the older side of it and a house from 1995 on the newer side. Beyond those dates the federal pages name no year that matters for this window, and the asbestos page has no cutoff at all.

So the paperwork for this group is the standard Illinois form and whatever the seller can show. The form states that the seller answers from actual knowledge, without any specific investigation or inquiry, and that the statements are not warranties. Ask when each system the form names was last replaced and ask to see the papers. Item 6 covers the roof, ceilings and chimney, item 12 covers heating, air conditioning and ventilating, and item 13 covers the fireplace or woodburning stove.

The census table on heating fuel is clear for the city as a whole. Of the 1,466 occupied units, 1,276 heat with utility gas, or 87.0 percent. Another 183 use electricity, or 12.5 percent, and 7 use wood. The estimates for bottled or tank gas, fuel oil, coal and solar are zero. If a listing mentions a wood stove or an oil tank, the form has lines for the fireplace or woodburning stove and for underground fuel storage tanks.

Built from 2000 through 2019. This group is 387 units, or 25.4 percent, with 339 from the 2000s and 48 from the 2010s. For these houses the city's own code is the reference. It lists the International Building Code, the International Residential Code, the International Property Maintenance Code and the International Fuel Gas Code at the 2021 edition, the National Electrical Code at the 2020 edition and the Illinois State Plumbing Code at its current edition. For the building, residential, property maintenance and electrical codes, the adoption history in the code starts with Ordinance 2003-24 on November 13, 2003, and runs through amendments in 2010 and on February 7, 2024. The code text does not say which rules governed a permit issued before the 2003 adoption, so the permit file is the record for a house from 2000, 2001 or 2002.

The editions in the code are the ones the city has adopted. They are not a statement about how any one house was built. What they do give a buyer is the yardstick the city uses today. The city's amended table for the residential code lists a frost line depth of 42 inches, a ground snow load of 30, a wind speed of 115 miles per hour and ice barrier underlayment as required. The city also amends the plumbing section on sewer depth to 18 inches. Those numbers are useful when a deck, a re-roof or an addition is on the table.

Built 2020 or later. The table's estimate is zero, with a margin of plus or minus 12. For a house newer than the survey, the record is the building permit and the certificate of occupancy. The city's zoning code says no building erected or extended may be used until the building and zoning administrator has issued a certificate of occupancy stating that it complies with the title.

Rules That Do Not Follow The Decade

Several parts of a house are tied to the permit record and the utility, not to the year of construction. Start with the paper trail, since it is where the era of a house meets the work done since.

The City of Byron requires a building permit before any construction project. Its list includes additions, converting an attic or basement into a habitable space such as a bedroom, converting a single-family home to multiple dwelling units, pools and hot tubs, decks and patios, electric service upgrades, fences, garages, sheds, solar panels, re-roofing and structural remodeling. It also lists replacing doors or windows when the size of the opening changes. The code adds that no permit is required for siding or painting. The code sets out what happens without one. The building inspector may issue a stop work order, and a penalty of two times the permit fee applies. A permit becomes void if no work starts within 60 days, and it expires 12 months after issue, with a one-time six-month extension for good cause.

So a finished basement, a deck or a new roof on a Byron house should have a city record, and the right time to ask is before the offer. If the work was done and there is no permit, that is a question for the seller and for City Hall at 815-234-2762. Item 23 on the disclosure form asks whether the seller has received notice of an uncorrected violation. Gambino's guide to the Illinois seller disclosure report explains how the whole form fits together.

Smoke detectors are a rule that does not depend on era. Illinois law requires at least one approved smoke detector within 15 feet of every room used for sleeping, and at least one on every story of a single-family residence, including basements but not unoccupied attics. The city's smoke detector chapter adopts that law and adds that a dwelling newly constructed, reconstructed or substantially remodeled must have detectors permanently wired to the structure's power line with a battery backup. When a house has been remodeled, ask whether the detectors were updated with the work.

The census figures describe the City of Byron, the incorporated place. A house outside the city limits sits in unincorporated Ogle County, and the city's code does not apply to it. The Ogle County Planning & Zoning Department regulates construction there through zoning, flood hazard and subdivision regulations. Its FAQ is direct about the gap: Ogle County has not adopted a building code. The three inspections the county makes during construction check the project against the zoning ordinance and, in a floodplain, the flood ordinance. The county page says plainly that these inspections are not building inspections. For a house outside the city, then, the private inspection carries more of the load, and the zoning file is the public record to ask about.

Water and sewer follow the same split. The city's 2025 water quality report states that the source of its drinking water is ground water, drawn from three wells. It also states that the city has developed a service line material inventory and gives a phone number, 815-978-1025, for a copy. The lead sampling data sits on the Illinois EPA's Drinking Water Watch site. The report adds that the supplier cannot control the plumbing materials inside a home, which is why item 17 on the form and an inspection of the house's own pipes still matter. Gambino's guide to water, sewer, trash and utilities in Byron covers the city services themselves.

A house on a private well or septic system has a different record. The Ogle County Health Department permits new septic systems and repairs and inspects before the system is covered up. It says septic tanks should be pumped every 3 to 5 years depending on use. It also says a well and septic evaluation for a real estate transaction is not required by the department but may be required by a lender or by the contract. The form has separate lines for the well (item 10), unsafe conditions in the drinking water (item 11) and the septic or sanitary sewer system (item 14).

Radon does not follow the decade either. IEMA says radon is a radioactive gas from the decay of naturally occurring uranium in soil, and that you cannot see, smell or taste it. The Illinois Department of Public Health says it moves through floor drains, sump pits, crawl spaces, foundation cracks and gaps around pipes and wires. It adds that the foundation style makes no difference and that lower levels such as basements tend to have higher measured levels. The department also cites an IEMA study in which 41 percent of homes tested in Illinois had levels above the 4.0 picocuries per liter action level. IEMA recommends professional testing in real estate transactions. Gambino's guide to radon testing for buyers sets out the steps.

Flood risk is its own subject, with its own rules. It is covered in Gambino's guide to Byron flood zones and Ogle County flood rules.

Bottom Line

The estimate puts 44.7 percent of units before 1980, the median year built is 1984, and 25.4 percent date from 2000 or later. The decade on a listing tells you which dated rules and materials come into play. Before 1978, the federal lead rule and its 10-day window apply. Before 1986 and before 1990, EPA's plumbing and vermiculite dates come into play. For asbestos the date does not clear a house at all. From 2000 on, the city's code editions and the permit file are the reference.

Three questions apply to every house, whatever its age. What has been replaced, and where are the papers? Was the work permitted, and which office holds the record, the City of Byron or Ogle County? Has the house been tested for radon? Bring those to the first showing and you will have the answers while the inspection period is running.

Start with the homes for sale in Byron and read the year built before the photos. For a house outside the city limits, remember that the county has no building code and the inspection you hire is the one that looks at the building.

These are survey estimates and published rules, not legal or tax advice. The City of Byron Building and Zoning Department, the Ogle County Planning & Zoning Department and a licensed inspector confirm the facts for any one address.

A few quick answers to what buyers ask about a house's age follow.

Frequently Asked Questions

If you are comparing homes for sale in Durand, read the year built first. This guide uses the American Community Survey estimates for 2019 to 2023, the Village of Durand's own pages, the Winnebago County Building Division's handouts, the Illinois seller disclosure form and federal rules that depend on a construction date. It describes houses and rules, not people. Gambino Realtors has been in business in the Rockford area since 1923.

What The Census Numbers Show By Decade

The Census Bureau's Table DP04 for the Village of Durand counts 609 housing units. This is a survey estimate, and the margin of error on the total is plus or minus 113. Every figure below carries its own margin, so read the percentages as a shape and not as an exact tally of houses.

Here is the shape, from newest to oldest. The estimate for 2020 or later is zero, with a margin of plus or minus 12. The 2010s add 12 units, or 2.0 percent. The 2000s add 112, or 18.4 percent. The 1990s add 47, or 7.7 percent. The 1980s add 74, or 12.2 percent. The 1970s add 127, or 20.9 percent. The 1960s add 80, or 13.1 percent, and the 1950s add 26, or 4.3 percent. The 1940s add 14, or 2.3 percent. Units built in 1939 or earlier come to 117, or 19.2 percent.

Those ten groups add up to the 609 total, and a few sums are worth having in hand. Built from 1990 on is 171 units, or 28.1 percent. Built from 2000 on is 124 units, or 20.4 percent. The 1980s and 1990s together come to 121 units, or 19.9 percent. The 1960s and 1970s together come to 207 units, or 34.0 percent. Everything built before 1990 is 438 units, or 71.9 percent. Everything built before 1980 is 364 units, or 59.8 percent. Everything built before 1960 is 157 units, or 25.8 percent.

Two groups stand out on the older end. The 1970s estimate is 127 units and the 1939-or-earlier estimate is 117 units. Together they are 244 units, which is 40.1 percent of the total. That is a plain addition of two estimates, and each carries a wide margin, so this guide does not rank one decade against another.

Be careful with the margins. The 1970s estimate of 127 has a margin of plus or minus 77. The 1950s estimate of 26 has a margin of plus or minus 25. The 1940s estimate of 14 has a margin of plus or minus 11. A number with a margin that large says a handful of such houses exist. It does not say there are exactly that many. For a single house, the listing and the county records settle the year, and the decade count does not.

The Census Bureau also publishes the median year built for the village, which is 1975, with a margin of plus or minus 4. A median splits the housing in half. Half of the structures were built in 1975 or earlier and half in 1975 or later.

The same table describes the buildings. Of the 609 units, 462 are one-unit detached houses, or 75.9 percent. Another 9 are one-unit attached. Buildings with two or more units add up to 138, or 22.7 percent, and that group includes 87 units in 5-to-9-unit buildings, or 14.3 percent. The estimate for mobile homes is zero, with a margin of plus or minus 12. So the era figures above cover houses and small multi-unit buildings together, and a listing's property type tells you which one you are looking at.

The table also covers rooms. The median is 5.5 rooms per unit. For bedrooms, 76 units have one, or 12.5 percent, 139 have two, or 22.8 percent, 266 have three, or 43.7 percent, 103 have four, or 16.9 percent, and 22 have five or more, or 3.6 percent. None of that tells you the condition of a house. The year built is the first fact on a listing that points to which dated rules apply.

What Each Era Means For An Inspection

An inspection report does not change by era, because the Illinois disclosure form asks the seller about the same list of systems for every house. What changes is which dated rule applies to the paperwork, and which questions you should put to the seller before the inspection happens. Take the groups in turn.

Built before 1978. The census groups do not split at 1978, so the pre-1980 count of 364 units is the closest figure available. EPA's lead disclosure rule applies to pre-1978 private housing, public housing, federally owned housing and housing that receives federal assistance. It does not cover housing built after 1977.

For a covered house, the rule sets out what has to happen before a contract is signed. The seller discloses any known information about lead-based paint and lead-based paint hazards. The seller provides available records and reports. The buyer gets a copy of the pamphlet "Protect Your Family From Lead in Your Home," and the contract carries a Lead Warning Statement. The buyer also gets a 10-day period to arrange a paint inspection or risk assessment. That window is the reason to know the build year early.

The rule has exemptions. Housing whose painted surfaces were tested by a certified lead-based paint inspector or risk assessor and found free of lead-based paint is exempt, and so are foreclosure sales. Leases of 100 days or less are exempt as well. Our guide to the Illinois seller disclosure report covers how the state paperwork fits together with the federal rule.

The Illinois form asks about the same materials for every house. Item 17 asks about lead paint, lead water pipes, lead plumbing pipes and lead in the soil. Item 21 asks about underground fuel storage tanks. For a house built before 1978, read those lines alongside the federal lead disclosure.

EPA's asbestos page is the source for what to look for, and it gives no construction-year cutoff. It lists where asbestos has been used in building materials. The list includes attic and wall insulation that contains vermiculite, vinyl floor tiles and the backing on vinyl sheet flooring, roofing and siding shingles, and textured paint and patching compounds on walls and ceilings. It also lists walls and floors around wood-burning stoves that were protected with asbestos paper, millboard or cement sheets, hot water and steam pipes coated with asbestos, and oil and coal furnaces with asbestos-insulated door gaskets. EPA adds that exposure may occur only when the material is disturbed or damaged. For a buyer, the question matters when a renovation plan would disturb one of those materials, so ask before the work is planned.

Built before 1986. The village's own notice draws a second line. A lead-in-drinking-water notice on the village billing page, distributed on November 14, 2022, says the village found lead above the expected level in the drinking water of two homes or buildings. It says lead enters tap water through the corrosion of plumbing materials, and it says that homes built before 1986 are more likely to have lead pipes, fixtures and solder. It adds that plumbing installed or replaced after June 19, 1986 could contain up to 8 percent lead, and that since January 4, 2014 certified lead-free materials can have a weighted average of up to 0.25 percent lead. The census table splits at 1990 and not 1986, so the closest figure is the 438 units built before 1990. The village notice gives 815-248-2201 for more information. Item 17 on the Illinois form is where the seller addresses lead pipes in a particular house.

Built from 1980 through 1999. This is 121 units, or 19.9 percent. So the paperwork for this group is the standard Illinois disclosure form and whatever records the seller has.

That makes the seller's records the point. The form states that the seller answers from actual knowledge, without any specific investigation or inquiry, and that the statements are not warranties. It also says the fact that a seller is not aware of a condition is no guarantee that it does not exist. Ask when each system was last replaced and ask to see the papers.

Built from 2000 on. This group is 124 units, or 20.4 percent. The Building Division services the Village of Durand by name.

The footings handout cites the 2003 edition of the International Residential Code, section R403. It says all exterior walls must be supported on continuous solid or fully grouted masonry or concrete footings, wood foundations or another approved structural system. It adds that footings must sit on undisturbed natural soil or engineered fill. It also sets exterior footings at least 12 inches below the undisturbed ground.

The drainage handout, section R405, requires drains around concrete or masonry foundations that retain earth and enclose habitable or usable space below grade. The drain has to discharge by gravity or by mechanical means into an approved drainage system. There is one exception. A drain is not required when the foundation sits on well-drained ground or on sand and gravel mixture soils, which the handout calls Group 1 soils. For a buyer, the point is that the county's handout expects a drain around a below-grade foundation unless the soil is Group 1.

The escape-opening handout, section R310, matters when a basement has been finished. Basements with habitable space and every sleeping room need at least one openable emergency escape and rescue opening. Where a basement contains sleeping rooms, an opening is required in each one. The sill can be no higher than 44 inches above the floor. The net clear opening must be at least 5.7 square feet, or 5 square feet at the grade floor, at least 24 inches high and at least 20 inches wide, and it must work from inside without keys or tools. A window well must be at least 9 square feet. If a listing counts a basement room as a bedroom, ask whether that room has an opening that meets those numbers and whether the finishing was permitted.

The handouts cite the 2003 edition, and the county's Codes and Ordinances page lists newer ones. It states that as of April 1, 2016, the Building Division follows the 2015 International Building Code, the 2015 International Residential Code, the 2014 National Electric Code, the 2015 International Fire Code, the 2015 International Fuel Gas Code, the 2015 International Mechanical Code and the 2014 Illinois State Plumbing Code. The handouts do not say when the county first enforced each rule, so a buyer who needs to know which edition applied to a particular house should ask the Building Division at 815-319-4350.

Built 2020 or later. The census estimate is zero, with a margin of plus or minus 12. The 2010s estimate is 12 units. For a house built after the survey window, the permits and drawings are the records to ask for. The village says permits are required, and the last section covers who issues them.

Water, Sewer, Heating And The Paper Trail

Several parts of a house do not follow the decade it was built in. The census table and the village's own pages speak to a few of them.

Start with heating, where the census table is clear. Of the 554 occupied units, 418 heat with utility gas, or 75.5 percent. Another 112 use electricity, or 20.2 percent. Seven use wood, three use bottled, tank or LP gas, five report another fuel and nine report that no fuel is used. The estimates for fuel oil, coal and solar are all zero. If a listing mentions an oil tank or a wood stove, the disclosure form has a line for underground fuel storage tanks, item 21, and another for the fireplace or woodburning stove, item 13. The census table also estimates zero occupied units lacking complete plumbing facilities, with a margin of plus or minus 12, and three lacking complete kitchen facilities, with a margin of plus or minus 5.

Next is sewer, and here the village page is specific. Its sewer FAQ says owners are responsible for the lines running from their houses to the mains. If the problem is in the line between the house and the street, it says to contact a licensed plumber first. It lists common causes of backups: tree roots, debris, grease, flushed wipes and diapers, and illegal sump pump or drain connections. It adds that damage from backups may be covered by homeowner or tenant insurance, so check with your agent.

The Public Works page goes further. It says some residents at the end of the sewer drainage line in town have had sewage backups into their basements after large amounts of rain, and that the problem has been linked to some residents having sump pumps that drain to the sewer lines. The page shows the village ordinance stating that this is illegal. For a buyer, that connects three things on the same house: a basement, a sump pump and the disclosure form. Item 3 asks about flooding or recurring leakage in the crawl space or basement. Item 9 lists the sump pump under plumbing. Item 14 asks about the septic, sanitary sewer or other disposal system. If a basement has a sump pump, ask the seller where it drains and ask the village before closing. Our guide to water, sewer, wells and garbage in Durand covers billing and service.

Radon does not follow the decade either. IEMA states that radon is a radioactive element in the decay chain of naturally occurring uranium in soil. The Illinois Department of Public Health explains that it can move through small spaces in a foundation, including floor drains, sump pits, crawl spaces, foundation cracks and gaps around pipes and wires. It also says the foundation makes no difference and that lower levels such as basements tend to have higher measured levels. The USEPA action level is 4.0 picocuries per liter of air, IEMA-OHS recommends professional testing in real estate transactions, and its map page says all homes should be tested regardless of geographic location. Our guide to radon testing in Rockford-area homes sets out the testing steps.

The last piece is the paper trail, and it is where the era of a house meets the work done since. The village's building and zoning page says Durand is zoned and permits are required. It says Winnebago County requires building permits for all construction. It also says you must have the Durand Zoning Administrator's written approval to apply for a building permit with the county. So the permit history of a house sits with two offices, and a deck, an addition or a finished basement may have a record with one or both of them. The same page lists the village's Zoning Ordinance Book and a preliminary building permit checklist, and it tells anyone digging to call J.U.L.I.E. at 811 first.

Item 23 on the disclosure form asks whether the seller has received notice of a violation of local, state or federal laws that has not been corrected. That is a narrow question. Ask the seller what was added, then ask the offices above. The form also leaves out earlier problems the seller reasonably believes have been corrected, so a repair that was never documented may not appear on it at all. Flood risk is a separate topic with its own rules, covered in our guide to Durand flood zones.

Bottom Line

Durand's median year built is 1975, and about three in five housing units predate 1980. The decade on a listing tells you which paperwork applies. Before 1978, the federal lead rule and its 10-day window apply. Before 1986, the village's own lead notice points to older pipes, fixtures and solder. From 1980 through 1999, you rely on the seller's records and the standard disclosure form. From 2000 on, the county's footing, drainage and escape-opening handouts describe what the Building Division expects.

Three questions apply to every house, whatever its age. What has been replaced, and where are the papers? Was the work permitted, and which office holds the record? Has the house been tested for radon? Bring those to the first showing and you will have the answers when the inspection contingency is running.

Start with the homes for sale in Durand and read the year built before the photos. For the steps that follow once you are under contract, our guide to what a Rockford home inspector checks covers the inspection itself, and the same list applies to a Durand address.

These are estimates and published rules, not legal or tax advice. The Winnebago County Building Division, the village and a licensed inspector confirm the facts for any one address.

That is the shape of it. A few quick answers to what buyers ask about a house's age are below.

Frequently Asked Questions

If you are comparing homes for sale in Pecatonica, the year built on the listing is the first fact that points to the rules that apply. This guide uses the Census estimates, the Village of Pecatonica's own permit pages, the Illinois seller disclosure form and the federal and state pages that depend on a construction date. It describes houses and rules, not people. Gambino Realtors has been in business in the Rockford area since 1923.

What The Census Numbers Show By Decade

The Census Bureau's Table DP04 for the Village of Pecatonica counts 988 housing units. This is a survey estimate, and the margin of error on the total is plus or minus 155. Every figure below has its own margin, so read the percentages as a shape and not as an exact tally of houses.

Here is the shape, from newest to oldest. The estimate for 2020 or later is 6 units, or 0.6 percent. The estimate for 2010 to 2019 is 9 units, or 0.9 percent. The 2000s add 126 units, or 12.8 percent, with a margin of plus or minus 49. The 1990s add 53, or 5.4 percent, and the 1980s add 49, or 5.0 percent. The 1970s add 93, or 9.4 percent. The 1960s add 111, or 11.2 percent. The 1950s add 156, or 15.8 percent. The 1940s add 28, or 2.8 percent. Units built in 1939 or earlier come to 357, or 36.1 percent, with a margin of plus or minus 99.

Those ten groups add up to the 988 total, and a few sums are worth having in hand. Built in 1990 or later is 194 units, or 19.6 percent. Built from 2000 on is 141 units, or 14.3 percent. Everything built before 1990 is 794 units, or 80.4 percent. Everything built before 1980 is 745 units, or 75.4 percent. Before 1960 the count is 541 units, or 54.8 percent. The 1960s and 1970s together come to 204 units, or 20.6 percent.

One detail stands out at the old end of the table. The 1939-or-earlier group, at 357 units, is larger than the 1950s and 1960s groups combined, which come to 267. Add the 1940s and the pre-1950 total is 385 units, or 39.0 percent. In plain terms, the oldest single block of housing in the village is bigger than any block built since.

Be careful with the small groups. The 1940s estimate is 28 with a margin of plus or minus 23. The 1980s estimate is 49 with a margin of plus or minus 37. The 2020-or-later estimate is 6 with a margin of plus or minus 9, which means the survey cannot rule out zero. A margin that large says a handful of such houses exist. It does not say there are exactly that many. This is one more reason to read the year on a specific listing and not to infer it from a decade count.

The Census Bureau also publishes the median year built for the village, which is 1957, with a margin of plus or minus 5. A median splits the housing in half. Half of the structures were built in 1957 or earlier and half in 1957 or later.

The same table describes the buildings. Of the 988 units, 781 are one-unit detached houses, or 79.0 percent. Another 76 are one-unit attached, or 7.7 percent. Buildings with two or more units add up to 131, or 13.3 percent. The estimate for mobile homes is zero, with a margin of plus or minus 12.

The table also covers rooms and heating. The median is 6.2 rooms per unit. For bedrooms, 249 units have two, or 25.2 percent, 551 have three, or 55.8 percent, 126 have four, or 12.8 percent, and 36 have five or more, or 3.6 percent. Of the 924 occupied units, 841 heat with utility gas, or 91.0 percent, and 72 heat with electricity, or 7.8 percent. Wood and other fuels account for 5 and 6 units. The estimates for fuel oil and for coal are both zero, each with a margin of plus or minus 12. None of this tells you the condition of a given house. It tells you the shape of the stock you are shopping in.

The Census place is the village itself, so these numbers describe homes inside the village limits and not homes outside them.

What Each Era Means For An Inspection

An inspection does not change by era, because the Illinois disclosure form asks the seller about the same list of systems for every house. What changes is which dated rule applies to the paperwork, and which questions you should put to the seller before the inspection happens. Take the dates in turn.

Built before 1978. The census groups do not split at 1978, so the pre-1980 count of 745 units is the closest figure available, and the 1970s group of 93 straddles the line. The federal lead-based paint disclosure rule applies to pre-1978 private housing, public housing, federally owned housing and housing receiving federal assistance. EPA explains the cutoff plainly. The Consumer Product Safety Commission banned residential lead-based paint in 1978, so the rule does not cover housing built after 1977.

For a covered house, the rule sets out what the seller and the agents must do before a contract is signed. They disclose any known information about lead-based paint and lead-based paint hazards. They provide the available records and reports. They give the buyer a copy of the pamphlet "Protect Your Family From Lead in Your Home," and the contract carries a Lead Warning Statement. The seller must also give the buyer a 10-day period to have the paint inspected or assessed for hazards. That window is the reason to know the build year early.

The rule has exemptions, and they matter to a few buyers. Housing in which the painted surfaces were tested by a certified lead-based paint inspector or risk assessor and found free of lead-based paint is exempt. So are foreclosure sales and leases of 100 days or less. Our guide to the Illinois seller disclosure report covers the state form in more detail.

Plumbing and the 1986 line. A separate date comes from the Illinois EPA. Its well water testing page says homes built before 1986 are more likely to have lead pipes, fixtures and solder. It then adds a caution that applies to new homes as well. Even legally lead-free plumbing may contain up to 8 percent lead, and the most common problem is with brass or chrome-plated brass faucets and fixtures. The agency's advice is to run the water until it gets cold before drinking or cooking, never to use the hot tap for either, and to have the water tested by a certified laboratory if you want to know the amount.

The village's own paperwork covers a different piece of the system. The Village of Pecatonica's lead service line inventory, dated April 10, 2025, lists 937 service lines in total, 937 non-lead, and zero lead, zero galvanized requiring replacement and zero unknown. The village's 2025 water quality report is clear about the limit of that. It says lead in drinking water comes primarily from materials associated with service lines and home plumbing, and that the supplier cannot control the variety of materials used in plumbing components in your home. So the inventory answers a question about the village's side of the connection. The pipes, solder and faucets inside the house are the buyer's question, and the disclosure form asks the seller about lead water pipes and lead plumbing pipes at item 17 and about plumbing defects at item 9.

Asbestos, with no year attached. EPA's asbestos page lists where the mineral has been used in building materials, and it gives no construction-year cutoff. The list includes attic and wall insulation containing vermiculite, vinyl floor tiles and the backing on vinyl sheet flooring, roofing and siding shingles, and textured paint and patching compounds on walls and ceilings. It also names walls and floors around wood-burning stoves protected with asbestos paper or cement sheets, hot water and steam pipes coated with asbestos, and oil and coal furnaces with asbestos-insulated door gaskets. EPA adds that exposure may occur only when the material is disturbed or damaged. For a buyer, the question matters when a renovation plan would disturb one of those materials, so raise it before the work is planned. Item 16 of the disclosure form asks the seller about unsafe asbestos conditions.

The honest limit is that the page ties none of those materials to a year. A house in the 1950s group and a house in the 1990s group get the same question on the form. What the year gives you is a reason to look harder, not a verdict.

Radon, in every era. Radon is the one item on the form that does not follow the calendar. The Illinois Emergency Management Agency's radon page describes it as a radioactive gas from the decay of naturally occurring uranium in soil that cannot be seen, smelled or tasted. The action level is 4.0 picocuries per liter, and the agency recommends professional testing in real estate transactions. Its map page states that all homes should be tested regardless of geographic location.

The Illinois Department of Public Health adds two points that matter for a mixed-age stock like this one. Radon enters through small spaces in a foundation, including floor drains, sump pits, crawl spaces, cracks and gaps around pipes and wires, and the foundation style makes no difference. Basements and other lower levels tend to have higher measured levels. The department also cites an IEMA study in which 41 percent of Illinois homes tested had levels above 4.0, though the sentence gives no year for that study. So a house of any age and any foundation style belongs on the testing list. Our guide to radon testing in Rockford homes covers radon testing for buyers. Item 15 of the disclosure form asks the seller about unsafe radon concentrations.

The oldest group, 1939 or earlier. This is the biggest block in the village, and it is also the one where the sources read for this guide are the quietest. None of the federal or state pages above attaches a rule to that date. What the Illinois form does for these houses is ask the seller specific questions. Item 5 asks about material defects in the basement or foundation, including cracks and bulges. Item 3 asks about flooding or recurring leakage in a crawl space or basement. Item 8 asks about the electrical system, item 12 about heating, air conditioning and ventilating, and item 13 about the fireplace or woodburning stove. Items 19 and 20 cover current termite and wood-boring insect infestations and structural defects from earlier ones. Item 21 asks about underground fuel storage tanks, and the Census heating table cannot answer that, since it counts only what an occupied unit uses to heat today.

One limit on the form deserves a plain statement. The form says the seller's answers rest on actual notice or actual knowledge, without any specific investigation or inquiry. It says the statements are not warranties. It also says the answers reflect current condition and leave out problems the seller reasonably believes have been corrected. An older house can have a lot of history that a seller never knew. The inspection is where that gets checked.

Built 1990 or later. The 194 units in this group, or 19.6 percent, are newer than every dated rule discussed here. The 1978 lead cutoff and the 1986 plumbing line are both behind them. That does not remove them from the checklist, because radon testing applies to all homes and the IEPA notes that new homes are also at risk from brass fixtures. It does mean the dated questions are shorter. The sources read for this guide name no later construction year after which a different federal or state disclosure rule begins.

Permits, Records And Who Answers For Pecatonica

Era tells you what to ask. The village's own pages tell you who to ask. The Village of Pecatonica's building permits page says permits and inspections are required for new construction, reconstruction, repairing, moving a structure, roofing, windows, swimming pools, and projects such as dwellings, sheds, decks, garages and porches, and that the list is not limited to those. The page adds that inspections are required for, but not limited to, electrical work, reconstruction, chimneys and roofing, and that every project must comply with the setback regulations.

The short-form application shows what the village tracks. It asks whether the property is in a flood plain and sorts the work by zoning class, R1 for one-family dwellings, R2 for two-family and R3 for multi-family, along with commercial and industrial. It lists project types that include moving or upgrading electric service, storage sheds up to 250 square feet, swimming pools, decks, porches, steps, ramps and concrete patios, fences, signs and re-roofing. Projects not listed need the long application. The page says approval takes 3 to 5 business days.

Why does this matter for a house from a given era? A roof, a set of windows, an electric service upgrade and a deck are all items the village says need a permit. If a seller added one, you can ask whether it was permitted and ask the village what it has on file. The disclosure form backs the question from the other side. Item 23 asks whether the seller has received a notice of violation of local, state or federal laws or regulations that has not been corrected. The village pages read for this guide do not say whether the village keeps a permit history by address, so the question has to go to Village Hall and not be assumed.

The village's ordinance list shows that written rules exist. It includes Ordinance 2024-07, titled "Ordinance Amending Building Code Chapter 150," Ordinance 2020-18, "Ordinance Amending Building Permits for Roofs," and Ordinance 2014-24, "Property Maintenance Code Ordinance." The list gives titles and links only, and this guide did not read their text, so it does not say what they require.

There is one trap for readers who have looked at county pages. The division's page says it services Cherry Valley, Durand, New Milford, Rockton, Roscoe, South Beloit and unincorporated Winnebago County. Pecatonica is not on that list. The county's code page says that since April 1, 2016 the division follows the 2015 International Residential Code, among others, but it says that for the places the division serves. This guide does not say Pecatonica follows the same codes. For a house inside the village, the village's permit pages above are the starting point.

Water and sewer follow a separate line. The 2025 water quality report states that Pecatonica's water source is ground water. For a property that is not on village service, the Winnebago County Health Department says you most likely have a well if the water line has no meter and you receive no water bill, and most likely a septic system if you receive no wastewater bill. It also says to find a septic system through the as-built drawing at the health department, inspection caps or lids in the yard, a service provider, or by asking your realtor or the seller. Our guide to moving to Pecatonica walks through the bill, the 2025 water report and the well and septic rules in more detail, and the Pecatonica property tax guide shows who is on the tax bill.

Bottom Line

Pecatonica's housing is old by the Census numbers, with a median build year of 1957 and 745 of 988 units dating from before 1980. That does not make any one house a problem. It means the dated rules below apply to the bulk of the stock, and the undated ones apply to all of it. The pre-1978 lead disclosure and its 10-day window apply to a house built before the ban. The 1986 plumbing note from the Illinois EPA is a reason to test the water and ask about the pipes inside. Asbestos has no year attached, so ask about the listed materials before any renovation touches them. Radon testing belongs on every house.

The paperwork has two halves. The seller's disclosure form tells you what the seller knows. The village's permit pages tell you what work needs a permit and who signs off on it. Use both, read the year on the specific listing and not the decade count, and let the inspector check what neither document can see. When you are ready to look at homes for sale in Pecatonica, bring the build year and these questions to the first showing.

Before you go, here are six short answers on the build year and what follows from it.

Frequently Asked Questions

This article is about the core course only. How the full 12 hours fit together, and what happens when a deadline is missed, is covered in our guide to the 12 continuing education hours. Here we take the core outline apart one block at a time, using the Real Estate License Act of 2000, the state's administrative rules and IDFPR's own curriculum document. If you have not yet picked a sponsoring brokerage, our guide on how to choose your first brokerage is the place to begin, because the core course is the same whichever brokerage holds your license.

One scope note. A broker in the first license term does not take the 12 hours at all. The rules require the 45-hour post-license program in that first term, and the Act says that program satisfies continuing education for the initial term. We explain it in the 45 post-license hours. Everything below applies to the renewals that come after it.

What the Law Fixes About the Core Course

The Act calls the requirement a single core curriculum. It says the core must total 6 hours during the current term of the license and must include at least 2 credit hours of fair housing. It also says the subjects may include advertising, agency, disclosures, escrow, fair housing, residential leasing agent management and license law. The word "may" matters. The Act sets the total and the fair housing floor, and it leaves the subject mix to the Board and the Department.

The Act adds one more constraint. Apart from fair housing, the core is not to be divided into subcategories or divisions of instruction. The amount of time given to each remaining subject is recommended by the Board and decided by the Department. That is why IDFPR's outline lists "recommended" times for most blocks and a required minimum only for fair housing.

The Act also builds in a review cycle. The Department reviews the core curriculum at least every 4 years and revises it if necessary. A revision does not take effect for 6 months after the Department makes it, and the Department has to notify all approved education providers of the change. The 6-hour total itself can only be changed by amending the Act. So the length of the core is a matter of statute, while the content of the core can move when the Department revises the outline.

The content did move recently. IDFPR's curriculum document says the Department began accepting applications for 6-hour core courses with the updated curriculum on January 1, 2025. It also says all 4-hour core courses expired on June 30, 2025 and would not be renewed, so only 6-hour core courses with the updated curriculum are accepted on or after July 1, 2025. The CE fact sheet for the 2026 renewal handled the overlap this way: a 4-hour core course taken between May 1, 2024 and June 30, 2025 satisfied the core requirement for that renewal, and the broker then needed 8 elective hours instead of 6. If you see an older 4-hour core course advertised anywhere, that history is the reason to ask questions before you buy.

Delivery format is the other fixed point. IDFPR's outline says the core course must be given in a classroom, in a live, interactive webinar, or in an online distance education format. The Act separately allows credit for self-study programs the Department has approved, and the administrative rule allows credit for passing a proctored exam on a correspondence or home study course offered by a licensed provider. The core outline does not list those formats. So when a provider describes a self-paced option, ask directly whether the specific course is an approved core course and which of the three listed formats it uses.

Three general limits on continuing education also apply to the core. A broker earns credit for a specific course only once during a license term, so you cannot take the same course twice to fill elective hours. No more than 12 hours of credit can be taken in one calendar day, so the 6-hour core fits inside one day. And pre-license and post-license courses do not count toward continuing education, with the single exception of the 45-hour post-license program in the first term.

Managing brokers take the same core. The Act describes the core as the requirement for brokers and managing brokers alike. A licensee who is renewing or obtaining a managing broker's license must also complete a separate 12-hour broker management course, which is its own requirement and not part of the core.

The Six Blocks of the Core Outline

IDFPR's document is titled the 6-hour core continuing education curriculum, and it lists six blocks. Five carry recommended times: license law at 40 minutes, agency at 50 minutes, brokerage agreements and disclosures at 60 minutes, escrow at 20 minutes and advertising at 30 minutes. Fair housing is listed last with a required time of at least 2 credit hours. The document totals the course at 300 minutes of instruction and 60 minutes of break time, for 360 minutes or 6 hours. Each block is described below as the outline words it.

License law. The block opens with the purpose and intent of the Act, the general duties of licensees to the public, recent amendments and definitions. It then moves to the housekeeping duties every licensee carries. The outline lists recordkeeping with the IDFPR Division of Real Estate, the Division's online licensing process, place of business, sponsoring licensees, supervision of sponsored licensees, termination of employment, independent contractor and employee agreements, unlicensed assistants under Section 1450.740, company policy for compliance and the use of assumed names. The second half of the block is about discipline. It covers the types of unprofessional conduct, the complaint and enforcement process, unlicensed practice of real estate, child support and tax deficiencies and convictions and violations of prior orders, failure to cooperate with the Division and continuing education discrepancies. Notice that last item. The state puts continuing education discrepancies into the license law block of the very course that satisfies continuing education.

Agency. This block starts with the legislative intent and a brief history of agency relationships. Then it separates the roles a licensee can have toward a person: consumer, client and customer, with the duties owed to a consumer and the duties owed to a client treated as different things. It covers designated agency, dual agency with informed written consent and confirmation, no agency, and the written disclosure of agency relationships. It also lists confidential information, duties after termination of a brokerage agreement, teams and agency, agency when the licensee is a principal in the transaction, the point that compensation does not determine agency, property management and the residential leasing agent licensee with its limitations. Our article on agency law for new brokers works through the duties and dual agency in more detail.

Brokerage agreements and disclosures. This is the longest of the timed blocks at 60 minutes, and it has two halves. The agreements half covers listing agreements for sellers and landlords and buyer or tenant brokerage agreements, with the required elements of each. It also covers exclusive and non-exclusive agreements, the licensee's agency role, promoting the best interest of the client, following lawful direction, the minimum services required with exclusive agreements, property management agreements, commercial agreements and leasing agreements, including applications, credit and background checks and leases. For the buyer side of this, see written buyer agreements. The disclosures half lists the Illinois Residential Real Property Disclosure, disclosure of information on radon hazards, disclosure of information on lead-based paint and the failure to disclose information that does not affect physical condition. It closes with compensation and business practices: disclosure of compensation including referrals and ownership interest, disclosure of licensee status and disclosure of contemporaneous offers.

Escrow. At 20 minutes this is the shortest timed block, and it is built around Sections 1450.750 and 1450.755 of the administrative rules. The outline lists the definition of escrow money, depositing, maintaining and keeping records for escrow accounts, disputes regarding escrow money, disbursement, agent responsibilities, contractual obligations and security deposits in leasing and property management. It then covers disciplinary actions related to escrow and ends with a discussion of escrow disputes and case studies. The outline fits everything from deposit to disbursement into those 20 minutes.

Advertising. The 30-minute block begins with requirements that apply to any ad: the sponsoring broker's name including franchise affiliation, disclosure of licensee-owned properties, fair housing guidelines for advertising, false or misleading advertising, team names, advertising another broker's listing and blind advertisements. It then goes media by media: print, signs on properties, websites, the internet, social media and email under the CAN-SPAM Act. We summarize the rules licensees work from in Illinois real estate advertising rules for brokers.

Fair housing. This block has no recommended time. It has a minimum, at least 2 credit hours, and it carries a note telling providers to include discussion of recent HUD guidance and amendments to protected classes. It begins with the purpose and history of fair housing laws and the licensee's role and obligations. It then covers protected classes at the federal, state and local ordinance levels, plus exemptions to fair housing laws.

The practices section names specific conduct. It lists discrimination in advertising, blockbusting, steering, redlining and disparate treatment and impact, meaning intent and effect. It also covers applying policies equally, with sub-items on criminal background and the Fair Housing Act, arrest records, criminal convictions, residential rental considerations and source of income considerations. Enforcement comes next: HUD, the Illinois Department of Human Rights, testers and how a fair housing complaint is filed. The block ends with additional considerations, including the impact on real estate firms, record keeping and compliance, fair housing advertising rules, the fair housing poster and the fair housing logo.

Finding an Approved Provider and Proving the Hours

Credit only comes from licensed providers. The administrative rule says continuing education credit is given only for courses offered by education providers licensed by the Division. IDFPR's fact sheet says the same thing in plain terms: continuing education and post-license education must be completed through an IDFPR-approved real estate education provider. A course from anyone else may be well taught and still earn you nothing toward renewal.

IDFPR keeps the lists. The fact sheet points to a list of approved education providers offering continuing education courses on the Division's website, and IDFPR's Real Estate Brokerage page, read on October 13, 2026, has links under the heading Approved Education Providers and Courses for both approved CE education providers and approved CE courses. Start there, not with a search engine. A provider's own marketing page can say a course is approved, but the state's list is the record that counts.

The same Brokerage page carried a notice that day showing why the check matters. It says that, effective December 16, 2025, all courses offered by one named school no longer satisfy the Illinois real estate education requirements until further notice. Look at the page when you are about to pay, not only when you first shortlist a school.

When you talk to a provider, four questions cover the rules above. Is this the 6-hour core course with the updated curriculum, and not a retired 4-hour course? Is it delivered in a classroom, a live interactive webinar or an online distance education format? Does the fair housing portion run at least 2 credit hours? Is the provider and this specific course on the IDFPR list? Four yes answers and the course is the one the state means.

Then keep proof. At renewal you certify on the application that you have fully complied with the continuing education requirements. The Department may require additional evidence, and the rule puts the burden on you to retain proof of the continuing education you completed. The Division also accepts verification sent directly from a licensed education provider on your behalf for a compliance audit, and the Division conducts audits to verify compliance. IDFPR offers a CE Lookup that shows your completed courses and a License Lookup that shows your original licensure date and status.

A short worked example makes the arithmetic plain. A broker with a renewing license takes the 6-hour core in a single day, which is within the 12-hour daily cap. That is 6 of the 12 hours. The core course earns credit only once in the term, so the remaining 6 hours have to come from other approved elective courses. If the broker also completes a 3-hour elective, 3 elective hours are still owed. The core never changes size. The elective side is where the remaining work sits.

If you took a course in another state and want Illinois credit, the rule has its own path. You submit an application and a fee within 90 days after completing the course and before your license expires. The Division then reviews whether the provider, the course and the method of assessing participation and comprehension are substantially equivalent to those licensed in Illinois. Do not assume an out-of-state course will count until the Division approves it.

Failing to comply is not a paperwork matter. The rule says failure to comply with continuing education requirements is a violation of the Act and may subject a licensee to a citation or other discipline. And the Act says no license may be renewed except upon successful completion of the required courses or their equivalent, or on a waiver for good cause shown as determined by the Secretary on the Board's recommendation. Exemptions from the requirement apply to brokers who, during the current term, serve in the armed services of the United States, serve as an elected State or federal official, serve as a full-time employee of the Department, or are admitted to practice law under an Illinois Supreme Court rule.

Bottom Line

The core course is the one part of your continuing education that the state writes for you. It is 6 hours, it includes at least 2 hours of fair housing, and its subjects are license law, agency, brokerage agreements and disclosures, escrow, advertising and fair housing. Read the IDFPR outline, check the provider and the course against the state's list, ask about the format and the curriculum version, and keep your certificate. The electives are where you decide what to learn. The core is where the state decides.

If you are still in the stage before your first license term and weighing where to hang your license, return to our guide on how to choose your first brokerage. The core course will be the same wherever you land. Gambino Realtors has been in business in Rockford since 1923, and the license rules above are the ones that apply to any Illinois broker.

Those are the questions that come up once you have read the outline. Here are short answers, each tied to the rule that supports it.

Frequently Asked Questions