Illinois Compiled Statutes
510 ILCS 77/12.1 (2026)
Final determination
✓ current as of May 2026
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(510 ILCS 77/12.1)
Sec. 12.1.
Final determination.
(a) Within 15 calendar days of the close of the comment period under
subsection (b) of Section 12,
the Department shall determine if, more likely than not, the provisions of
the Act have been
met and shall send notice to the applicant and the county board indicating that
construction may
proceed. If the
Department finds that, more likely than not, the provisions of the Act have not
been met the
Department shall send notice to the applicant that construction is prohibited.
(a-5) If the Department finds that additional information or that specific
changes are
needed in order to assist the Department in making the determination under
subsection (a) of this
Section, the
Department may request such information or changes from the owner or operator
of the new
livestock waste handling facility or waste management facility.
(b) If no informational meeting is held, the Department shall, within 15
calendar days
following the end of the period for the county board to request an
informational meeting, notify the
owner or operator that construction may begin or that clarification is needed.
(c) If the owner or operator of a proposed livestock management facility or
livestock
waste handling facility amends the facility plans during the Department's
review, the Department
shall notify the county board, which may exercise its option of a public
informational meeting
pursuant to Section 12 of this Act.
(d) If the owner or operator of a proposed new livestock management or new
livestock
waste handling facility amends the facility plans during the Department's
review process by
increasing the animal unit capacity of the facility such that the required
setback distances will be
increased, the owner or operator shall submit a revised notice of intent to
construct and comply
with applicable provisions of this Act.
(Source: P.A. 91-110, eff. 7-13-99.)
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 2010–2022 · leading case: Helping Others Maintain Env't Standards v. Bos, 941 N.E.2d 347 (Ill. App. Ct. 2010).
Helping Others Maintain Env't Standards v. Bos, 941 N.E.2d 347 (Ill. App. Ct. 2010). “See 510 ILCS 77/12.1 (West 2008) (if the Department determines that it is “more likely than not” that the Livestock Act’s provisions have been met, construction of the facility may proceed).”
Cretella v. Azcon, Inc., 2022 IL App (1st) 211224 (Ill. App. Ct. 2022). “See 510 ILCS 77/12.1 (West 2008). The Act left inspections and violation determinations to the department and provided that producers would be subject to fines or orders to cease operations for violations of the Act.”
Save Our Sandy v. The Dep't of Agric., 2016 IL App (4th) 150582 (Ill. App. Ct. 2016). “¶5 In October 2014, the Department determined the proposed hog farm "more likely than not" met the requirements of the Livestock Act (510 ILCS 77/12.1(a) (West 2014)). In November 2014, plaintiff filed a petition for reconsideration, asking the Department to reconsider its…”
Helping Others Maintain Env't Standards v. A.J. Bos (Ill. App. Ct. 2010). “See 510 ILCS 77/12.1 (West 2008) (if the Department determines that it is "more likely than not" that the Livestock Act's provisions have been met, construction of the facility may proceed).”
— 510 ILCS 77/12.1(a) — 1 case
Save Our Sandy v. The Dep't of Agric., 2016 IL App (4th) 150582 (Ill. App. Ct. 2016). “¶5 In October 2014, the Department determined the proposed hog farm "more likely than not" met the requirements of the Livestock Act (510 ILCS 77/12.1(a) (West 2014)). In November 2014, plaintiff filed a petition for reconsideration, asking the Department to reconsider its…”
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