Legal Question in Real Estate Law in Illinois

ordinance enforcement versus my safety

Can the county enforce a stormwater ordinance which would remove a berm that keeps my home from flooding---even if that means putting my family at serious risk? I have fast moving creek going around my property. It has become a white water rapid across my frontyard in the past, and we had to be rescued by the fire department and men in cold water wet suits and a canoe. Because there is a sharp turn at the point the water overflows the bank, I installed a berm to act as a sort of lip that would help the water make the turn. It's worked great so far in 4 years. Now they say I can't redirect the flow...but they haven't done a single thing to alleviate the problem---which is a threat to our safety. So now what do I do?


Asked on 5/18/07, 9:01 pm

1 Answer from Attorneys
Noelle Ansley Noelle Ansley

Re: ordinance enforcement versus my safety

You will need to get a variance on whatever law it is that to which the county is adhering with respect to the creek. It would be useful for you to find an attorney to help you with this -- call the local bar association for whichever county (is that McHenry or Kane?), or check your phone book. You'll want to find a lawyer that handles property and zoning issues.

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Answered on 5/21/07, 12:10 pm


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