ATCP 79.03 Note
Note: Section
NR 812.07 (118), reads: Water system" means the water supply, storage, treatment facilities and all structures and piping by which water is provided for any purpose.
ATCP 79.03(42)
(42) “Yurt" means a round domed structure constructed of wood and fabric.
ATCP 79.03 History
History: CR 15-001: cr.
Register October 2015 No. 718, eff. 2-1-16; correction in (30) made under s.
13.92 (4) (b) 7., Stats.,
Register January 2016 No. 721; renum. from DHS 178.03
Register June 2016 No. 726; correction in (1), (37) made under s.
13.92 (4) (b) 7., Stats.,
Register June 2016 No. 726; correction in (10) made under s.
13.92 (4) (b) 6., Stats.,
Register June 2016 No. 726; correction in (28), (33) made under s.
35.17, Stats.,
Register June 2016 No. 726;
CR 18-019: am. (1), (24)
Register January 2020 No. 769, eff. 2-1-20.
ATCP 79.04
ATCP 79.04
Plans and specifications for campgrounds. ATCP 79.04(1)(a)(a) Except as specified in par.
(b) an operator shall obtain plan approval from the department or its agent before any one of the following occurs:
ATCP 79.04(1)(a)2.
2. The operator modifies or increases the number or type of any campground attribute that was subject to a previous plan review by the department or its agent.
ATCP 79.04 Note
Note: In addition to meeting the department's plan review requirements, a person should consult with other agencies that may also require prior plan or construction approval, such as the department of safety and professional services, the department of natural resources, or the local building and zoning agency before commencing construction or modification of a campground.
ATCP 79.04(2)(a)
(a) An applicant for plan approval shall submit all of the following to the department or its agent:
ATCP 79.04(2)(a)1.
1. A fully and accurately completed, signed, and dated application for plan approval on a form provided by the department.
ATCP 79.04(2)(a)2.
2. A copy of the plans and specifications drawn to scale or a drawing indicating distance of separation measured in feet in accordance with the applicable requirements of this chapter.
ATCP 79.04(2)(a)3.
3. Any other information required by the department or its agent regarding the operation of the campground as it relates to the health, safety, and welfare of the public.
ATCP 79.04 Note
Note: To obtain a copy of the plan approval application form, e-mail
datcpdfrsrec@wisconsin.gov or contact the Bureau of Food and Recreational Businesses at (608) 224-4702 or PO Box 8911, Madison, Wisconsin 53708-8911.
ATCP 79.04(2)(b)1.1. If the department or its agent receives a plan or application that is not completed as specified in par.
(a) 1. and
2., the department shall contact the operator to seek additional information.
ATCP 79.04(2)(b)2.
2. Within 30 days after receipt of any additional information requested under subd.
1., the department or its agent shall approve or deny the plan. If the department or its agent approves the plan, the department or its agent shall issue a plan approval letter to the operator. If the department or its agent denies a plan, the applicant shall be given the reason, in writing, for the denial. The applicant may appeal the decision made by the department under s.
ATCP 79.09. If the decision was made by a department's agent, the applicant may appeal the decision under s.
ATCP 79.10.
ATCP 79.04 History
History: CR 15-001: cr.
Register October 2015 No. 718, eff. 2-1-16; correction in (2) (b) 2. made under s.
35.17, Stats.,
Register October 2015 No. 718; renum. from DHS 178.04
Register June 2016 No. 726; correction in (1) (b), (2) (b) 2. made under s.
13.92 (4) (b) 7., Stats.,
Register June 2016 No. 726.
ATCP 79.05
ATCP 79.05
License to operate a campground. ATCP 79.05(1)(a)(a)
Conditions requiring a license. No person may operate a campground without a license from the department or its agent if any one of the following applies:
ATCP 79.05(1)(a)1.
1. A person offers or intends to offer 3 or fewer campsites and advertises or otherwise presents to the public an offer of the campground or specific campsites.
ATCP 79.05(1)(a)2.
2. A person offers or intends to offer 4 or more campsites, regardless whether the person advertises or otherwise presents to the public an offer of the campground or specific campsites.
ATCP 79.05 Note
Note: Pursuant to s.
97.67 (1g), Stats., a campground license is not required for camping at a county or district fair at which 4-H Club members exhibit, for the 4 days preceding the fair, the duration of the fair, and the 4 days following the fair.
ATCP 79.05(1)(a)3.a.a. Except as provided under subd.
3. b., if a license holder sells or otherwise transfers ownership or operation of a campground to another person, a new license is required under s.
97.67 (2) (a), Stats., and the campground may not be opened to the public until the department or its agent has issued a new license.
ATCP 79.05(1)(a)3.b.
b. As provided in s.
97.67 (2) (b) and
(c), Stats., an individual may transfer a license to an immediate family member, if the individual is transferring operation of the campground. A sole proprietorship that reorganizes as a business entity, as defined in s.
180.1100 (1g), Stats., or a business entity that reorganizes as a sole proprietorship or a different type of business entity may transfer a license to the newly formed business entity or sole proprietorship if the campground remains at the location for which the license was issued and at least one individual who had an ownership interest in the sole proprietorship or business entity to which the license was issued has an ownership interest in the newly formed sole proprietorship or business entity.
ATCP 79.05(1)(a)3.c.
c. Except as provided in this paragraph, no license issued under this chapter is transferable from one premise to another or from one person or entity to another.
ATCP 79.05(1)(a)3.d.
d. A person who wishes to transfer a license under subd.
3. a. or
b. shall notify the department or its agent prior to operation of the campground.
ATCP 79.05 Note
Note: Under s.
97.605 (4) (a) 2., Stats., “Immediate family member" means a spouse, grandparent, parent, sibling, child, stepchild, or grandchild or the spouse of a grandparent, parent, sibling, child, stepchild, or grandchild. Under ss.
97.605 (4) (a) 1. and
180.1100 (1g), Stats., “business entity" means: a corporation, as defined in s.
180.0103 (5), Stats., a limited liability company, as defined in s.
183.0102 (10), Stats., a limited partnership, or a corporation, as defined in s.
181.0103 (5), Stats., a foreign limited liability company, as defined in s.
183.0102 (8), Stats., a foreign limited partnership, a foreign corporation, as defined in s.
180.0103 (9), Stats., or a foreign corporation, as defined in s.
181.0103 (13), Stats.
ATCP 79.05 Note
Note: To notify the department of a transfer of ownership, call (608) 224-4923 or send an e-mail to
datcpdfslicensing@wi.gov.
ATCP 79.05(1)(b)
(b)
Conditions requiring multiple licenses. If 2 or more campgrounds are located within a tract of land owned by the person who owns or operates both campgrounds and the central registration location of each campground is separated by 5 or more miles, a separate license is required for each campground.
ATCP 79.05(1)(c)
(c)
Preinspection required. Before the department or its agent may issue a license to operate a campground under par.
(a) or
(b), the department or agent shall conduct a preinspection. A preinspection is not required for a transfer to an immediate family member under par.
(a) 3. b. ATCP 79.05 Note
Note: Pursuant to 97.67 (1m), Stats., the department or a local health department granted agent status under s.
97.615 (2), Stats., may not, without a preinspection, grant a license to a person intending to operate a new public campground or to a person intending to be the new operator of an existing campground.
ATCP 79.05(2)(a)
(a)
Expiration. Each license issued under this chapter expires on June 30, except that a license initially issued during the period beginning on April 1 and ending on June 30, expires on June 30 of the following year.
ATCP 79.05(2)(b)
(b)
Annual renewal. Each license shall be renewed annually as provided in sub.
(4).
ATCP 79.05(3)(a)(a)
Application. To apply for a new license, the applicant shall apply on an application form provided by the department or its agent. The completed application shall be accompanied by all of the following:
ATCP 79.05(3)(a)1.
1. The applicable fees specified under s.
ATCP 79.06 and any fees previously due to the department or its agent under this chapter.
ATCP 79.05(3)(a)2.
2. Information, as determined by the department or its agent, including documentation that the campground will be maintained and operated in compliance with this chapter, applicable federal and state laws, as it relates to the health, safety, and welfare of the public.
ATCP 79.05 Note
Note: As provided under s.
97.615 (2) (d), Stats., a local health department can establish and collect fees for licenses. If you were issued a license by a local health department, contact the local health department for its license fee schedule.
ATCP 79.05(3)(b)
(b)
Requests for preinspection. The operator shall contact the department or its agent and arrange a time for the preinspection required under s.
ATCP 79.05 (1) (c), before operating a campground.
ATCP 79.05 Note
Note: To obtain a copy a copy of the campground operator license application form, or to arrange for a preinspection, call (608) 224-4923 or send an e-mail to
datcpdfslicensing@wi.gov.
ATCP 79.05(4)(a)(a) To renew a license, the operator shall pay the department the applicable license fee specified under s.
ATCP 79.06 before the license expires. If payment to renew a license fee is not received by the department before the expiration date of the license, the late fee specified under s.
ATCP 79.06 (2) (c) shall be paid in addition to the license fee. An application for a renewal license is not required.
ATCP 79.05(5)
(5)
Department or agent action on a license application. ATCP 79.05(5)(a)1.1. The department or its agent may not issue a new license or renew an existing license for a campground unless all of the following conditions are met:
ATCP 79.05(5)(a)1.a.
a. The operator has corrected a condition for which the department or agent has issued a written health or safety-related order.
ATCP 79.05(5)(a)1.b.
b. The operator, applicant, or license holder has provided the department or its agent with the information required under sub.
(3) (a) 2., or documentation indicating that the campground is designed and constructed in accordance with the state law and regulations stated in this chapter.
ATCP 79.05(5)(a)1.c.
c. The department or its agent has determined that the operator, applicant or license holder is not in violation of ch.
97, Stats., or has only a minor violation as defined in s.
227.04 (1) (a).
ATCP 79.05(5)(b)
(b)
License prohibited. The department or its agent shall refuse to issue a new license or renew an existing license to operate a campground under any of the following circumstances:
ATCP 79.05(5)(b)1.
1. A fully and accurately completed, signed and dated application has not been received by the department or its agent.
ATCP 79.05(5)(b)5.
5. The operator has modified, repaired, or maintained the campground in a manner that is not in accordance with what the department recognizes as safe practice as outlined in this chapter.
ATCP 79.05(5)(c)
(c)
Conditional license. Except as provided in s.
93.135, Stats., the initial issuance, renewal, or continued validity of a license may be conditioned upon the requirement that the license holder correct a violation of this chapter, s.
97.67, Stats., or ordinances adopted under s.
97.615 (2) (g), Stats., within a specified period of time. If the condition is not satisfied within the specified time or after an extension of time approved by the department, the license is void. No person may operate a campground after a license has been voided. Any person who does so shall be subject to the penalties under ss.
97.72 and
97.73, Stats., and fees under s.
ATCP 79.06 (2) (e). An operator whose license is voided under this paragraph may appeal the decision under s.
ATCP 79.09.
ATCP 79.05(5)(d)1.1. The department or its agent shall issue or deny a new license or shall renew a license for a campground within 30 days after the applicant meets all of the requirements under subs.
(3) or
(4), as applicable.
ATCP 79.05(5)(d)2.
2. If the department or its agent denies an application for a license, the applicant shall be given reasons, in writing, for the denial and information regarding appeal rights provided under s.
ATCP 79.09.
ATCP 79.05(6)(a)
(a)
Payment time frame. If an applicant or operator fails to pay all applicable fees, late fees, and processing charges under s.
ATCP 79.06, within 45 days after the expiration of the license, the license is void.
ATCP 79.05(6)(b)
(b)
Notice of insufficiency. If the department receives a notice of an insufficiency under s.
ATCP 79.06 (3), the applicant or operator shall have 15 days after receipt of notice from the department of the insufficiency to pay all applicable fees and processing charges or the license is void.
ATCP 79.05(6)(c)
(c)
Appeal rights. An operator whose license is voided under this subsection may appeal the decision as provided under s.
ATCP 79.09. The burden is on the license applicant or operator to show that all applicable fees, late fees and processing charges have been paid. During any appeal process concerning a payment dispute, operation of the campground is deemed to be operation without a license and is subject to the fees under s.
ATCP 79.06 (2) (e) in addition to the fees otherwise due, unless the applicant or operator meets its burden of proof under this subsection.
ATCP 79.05(7)
(7)
License posting. A current license issued by the department shall be posted in a place visible to the public. A license may not be altered or defaced.
ATCP 79.05 History
History: CR 15-001: cr.
Register October 2015 No. 718, eff. 2-1-16; correction in (1) (a) 3. a., d. made under s.
13.92,
(4) (b) 7., Stats., correction in (5) (b) 1., (d) made under s.
35.17, Stats.,
Register October 2015 No. 718; renum. from DHS 178.05
Register June 2016 No. 726; correction in (1) (a) 3. a., b., (3) (b), (4) (a), (5) (a) 1. c., (c), (d) 2., (6) made under s.
13.92 (4) (b) 7., Stats.,
Register June 2016 No. 726; correction in (5) (c) made under s.
13.92 (4) (b) 7., Stats.,
Register January 2017 No. 733;
CR 18-019: am. (title), (1) (title), (a) (intro.), 3., (b), (c), (2), (3) (title), (a) (intro.), (4), (5) (title), (a) (title), 1. (intro.), b., c., (b) (intro.), (c), (d), (6), (7)
Register January 2020 No. 769, eff. 2-1-20; correction in (1) (a) 3. b. made under s.
13.92 (4) (b) 7., Stats.,
Register February 2023 No. 806.
ATCP 79.06(1)(1)
Fee schedule. Pursuant to s.
97.67 (5), Stats., no license may be issued until all applicable fees have been paid. Table ATCP 79.06 applies to campground licenses issued by the department under this chapter.
ATCP 79.06 Note
Note: As provided in s.
97.615 (2) (d), Stats., a local health department can establish and collect fees for license. If you were issued a license by a local health department, contact the local health department for its license fee schedule.
ATCP 79.06(2)(a)(a)
Preinspection fee. The operator shall pay the applicable preinspection fee listed in Table ATCP 79.06 to the department before a new license is issued under s.
ATCP 79.05 (3).
ATCP 79.06(2)(b)
(b)
License fee. The operator shall pay the applicable license fee listed in Table ATCP 79.06 to the department for each campground for which the operator applies for a new or renewal license.
ATCP 79.06(2)(c)
(c)
Late fee. If the license fee for a license renewal is not paid before the expiration date of the license, the operator shall pay to the department a late fee of $85.00 in addition to the renewal license fee.
ATCP 79.06(2)(d)
(d)
Reinspection fee. If the department conducts a reinspection of a campground under s.
ATCP 79.07 (1) (b) 1. or
4., the operator shall pay to the department the applicable reinspection fee listed in Table ATCP 79.06. The department shall assess an additional fee as listed in Table ATCP 79.06, for any second or subsequent reinspection conducted under s.
ATCP 79.07 (1) (b) 4. ATCP 79.06(2)(e)
(e)
Fees for operating without a license. If a campground is found to be operating without a license, the operator shall pay to the department a fee of $749.00, in addition to all applicable fees and any processing charges under sub.
(3).
ATCP 79.06 Note
Note: Anyone operating a campground without a license is also subject to the penalties in ss.
97.72 and
97.73, Stats.
ATCP 79.06(2)(f)
(f)
Duplicate license. If an operator requests a duplicate license, the operator shall pay the department a fee of $15.00.
ATCP 79.06(2)(g)
(g)
Fees for special condition inspections. For inspection or consultation activities that are not directly related to the department's responsibilities for issuing licenses, the department shall charge the operator or the entity requesting the inspection or consultation $175.00.
ATCP 79.06(3)
(3)
Penalties for insufficiency of payment. If the payment for a new or renewal license is by check or other draft drawn upon an account containing insufficient funds, the applicant or operator shall, within 15 days after receipt of notice from the department of the insufficiency, pay all applicable fees under sub.
(1) and the financial institution's processing charges by cashier's check or other certified draft, money order, or cash.
ATCP 79.06 Note
Note: A tourist rooming house is not counted as a campsite.
