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.
ATCP 79.06 History
History: CR 15-001: cr.
Register October 2015 No. 718, eff. 2-1-16; renum. from DHS 178.06
Register June 2016 No. 726; correction in (1), (2) (a), (b), (d) made under s.
13.92 (4) (b) 7., Stats.,
Register June 2016 No. 726;
CR 18-019: am. (1), (2) (a) to (c), (e) to (g), (3)
Register January 2020 No. 769, eff. 2-1-20;
correction in 79.06 Table made under s. 35.17, Stats., Register November 2023 No. 815. ATCP 79.07(1)(a)
(a)
Inspections. Under ss.
97.615 (2) and
97.65 (1), Stats., an authorized employee or agent of the department, upon presenting proper identification, may enter any campground at any reasonable time, for any of the following purposes:
ATCP 79.07(1)(a)3.
3. To determine compliance with previously written orders to correct violations.
ATCP 79.07(1)(a)5.
5. To examine and copy relevant documents and records related to the operation of the campground.
ATCP 79.07(1)(a)6.
6. To obtain photographic or other evidence needed to enforce this chapter.
ATCP 79.07(1)(b)1.1. The department or its agent may reinspect a campground whenever an inspection or the investigation of a complaint reveals the existence of a violation that is potentially hazardous to the health and welfare of patrons or employees of the campground.
ATCP 79.07(1)(b)2.
2. A reinspection shall be scheduled to allow the operator a reasonably sufficient time to correct the deficiencies.
ATCP 79.07(1)(b)3.
3. A reinspection fee shall be charged for the reinspection based on Table ATCP 79.06 or applicable charges determined by an agent of the department.
ATCP 79.07(1)(b)4.
4. If an additional reinspection is required because a violation has not been corrected in the scheduled time, the department shall assess a second or subsequent reinspection fee based on Table ATCP 79.06 as authorized under s.
ATCP 79.06 (2) (d), and the department may order the operator to show just cause why the license should not be suspended or revoked under s.
ATCP 79.08.
ATCP 79.07(2)(a)
(a)
Written orders. If upon inspection of a campground, the department or agent finds that the campground is not designed, constructed, equipped or operated as required under this chapter, the department or agent shall issue a written order to correct the violation. The order shall specify the correction needed for compliance and the time period within which the correction should be made. The time period specified in the order may be extended at the discretion of the department or agent as specified in par.
(c).
ATCP 79.07(2)(b)1.1. If a violation is not corrected by the expiration of the time period stated in the order given under par.
(a), or any extension of time granted under par.
(c), the department or agent may issue an order under s.
ATCP 79.08 to suspend or revoke the license to operate the campground. An order for suspension or revocation shall take effect as provided under s.
ATCP 79.08.
ATCP 79.07(2)(b)2.
2. Under s.
97.12 (5), any person who fails to comply with an order of the department shall forfeit $10 for each day of noncompliance after the order is served upon or directed to him or her. A person may appeal a forfeiture under s.
ATCP 79.09.
ATCP 79.07(2)(c)1.
1. The department or its agent may extend the time to correct a violation based on a determination of the seriousness of the violation, the operator's progress towards correcting the violation, and the operator's previous history of compliance.
ATCP 79.07(2)(c)2.
2. To request an extension to correct a violation, the operator shall submit a written request to the department or agent before the time specified in the written order to correct the violation. The operator shall provide information that demonstrates to the department or its agent that corrective action has been initiated, but additional time is needed to fully correct the violation.
ATCP 79.07(3)(a)(a)
Conditions for a temporary order. As provided in s.
97.65 (2) (a), Stats., whenever, as a result of an inspection under sub.
(1), the department or its agent has reasonable cause to believe that an immediate danger to health or safety exists, the department or its agent may issue a temporary order without advance notice or hearing to do any of the following:
ATCP 79.07(3)(a)1.
1. Prohibit the continued operation or method of operation of specific equipment.
ATCP 79.07(3)(a)2.
2. Require that the premises or affected areas within the premises to cease operations and close until remedies are applied that eliminate the immediate danger to health or safety.
ATCP 79.07(3)(b)1.
1. A temporary order shall take effect upon delivery of the order to the operator or responsible supervisor. Except as provided in par.
(c), the temporary order shall remain in effect for 14 days from the date of its delivery, but a temporary order may be reissued for one additional 14-day period if necessary to complete any analysis or examination of samples, specimens, or other evidence.
ATCP 79.07(3)(b)2.
2. No operation or method of operation prohibited by the temporary order may be resumed without the approval of the department or agent until the order has terminated or the time period specified in subd.
1. has expired, whichever occurs first, unless as provided under par.
(c), the department or its agent provides notice that an immediate danger to health or safety is present. If upon completed analysis or examination, the department or agent determines that construction, sanitary condition, operation or method of operation of the premises or equipment does not constitute an immediate danger to health or safety, the department or agent shall immediately notify the owner, operator or responsible supervisor in writing and the temporary order shall terminate upon receipt of the written notice.
ATCP 79.07(3)(c)
(c)
Notice of findings upon analysis or examination. If the analysis or examination under sub.
(1), shows that the construction, sanitary condition, operation or method of operation of the premises or equipment constitutes an immediate danger to health or safety, the department or agent, within the effective period of the temporary order specified in par.
(b) 1., shall provide written notice of the findings to the owner, operator or responsible supervisor. Upon receipt of the notice, the temporary order remains in effect until a final decision is issued under s.
ATCP 79.09. The notice shall include a statement that the facility has a right to request a hearing under s.
ATCP 79.09 within 15 days after issuance of the notice.
ATCP 79.07(3)(d)
(d)
Failure to comply with temporary order; forfeitures and penalties. Any person who fails to comply with a temporary order issued by the department shall forfeit $10 for each day of noncompliance after the order is served upon or directed to him or her and, under s.
97.65 (5) (a), Stats., may be fined not more than $10,000 or imprisoned not more than one year in the county jail, or both. A person may appeal a forfeiture under s.
ATCP 79.09.
ATCP 79.07(4)(a)(a) When required by the department, its agent, or this chapter, the operator and the department or its agent shall develop, on a form provided by the department, an action plan for compliance. The action plan shall include all of the following:
ATCP 79.07(4)(b)
(b) The department or its agent shall void the campground license under s.
ATCP 79.05 (5) (b), if the operator continues to be out of compliance or fails to meet the objectives outlined in the action plan past the date provided in the action plan.
ATCP 79.07 History
History: CR 15-001: cr.
Register October 2015 No. 718, eff. 2-1-16; correction of numbering in (1) (a) made under s.
13.92 (4) (b) 1., Stats.,
Register October 2015 No. 718; renum. from DHS 178.07
Register June 2016 No. 726; correction in (1) (a) (intro.), 2., (b) 3., 4., (2) (b), (3) (intro.), (c), (d), (4) (b) made under s.
13.92 (4) (b) 7., Stats.,
Register June 2016 No. 726;
CR 18-019: am. (x)
Register January 2020 No. 769, eff. 2-1-20;
CR 18-019: am. (1) (b) 4., (2) (b) 1., (4) (b)
Register January 2020 No. 769, eff. 2-1-20.
ATCP 79.08
ATCP 79.08
Suspension or revocation of license. The department may, after a hearing under s.
ATCP 79.09, suspend or revoke a license for violation of s.
97.67, Stats., this chapter or an order issued by the department. The suspension or revocation order shall take effect 15 days after the date of issuance unless a hearing is requested under s.
ATCP 79.09 (1).
ATCP 79.09
ATCP 79.09
Appeals of actions by the department. ATCP 79.09(1)(a)
(a) Except as provided in sub.
(2) or
(3), a request for a hearing to contest the denial of a license, a voided license, suspension, revocation, forfeiture, or the issuance of an order under s.
ATCP 79.07 (2) shall be submitted in writing to, and be received by, the department of administration's division of hearings and appeals within 15 calendar days after the date of the department's action.
ATCP 79.09(1)(b)
(b) A request for hearing that is mailed to the division of hearings and appeals shall be considered filed with the division on the date of the postmark.
ATCP 79.09(1)(c)
(c) A request for hearing that is hand-delivered to the division of hearings and appeals shall be considered filed on the date the request is received by the division of hearings and appeals.
ATCP 79.09(1)(d)
(d) A request for hearing transmitted by facsimile to the division of hearings and appeals shall be considered filed on the date and time imprinted by the division's facsimile machine on the transaction report that accompanies the document. Documents received by facsimile after midnight local time shall be deemed filed on the first following business day.
ATCP 79.09 Note
Note: Effective 7-1-16, pursuant to
2015 Wis. Act 55 and s.
227.43(1m), Stats., a request for hearing shall be submitted to the DATCP Secretary via e-mail at
datcpappeals@wisconsin.gov, faxed to (608) 224-5034, mailed to PO Box 8911, Madison, Wisconsin 53708-8911, or hand delivered to 2811 Agriculture Drive, Madison, Wisconsin 53718.
ATCP 79.09(1)(e)
(e) As a condition for requesting a hearing to appeal the voiding of a license, an applicant or operator shall comply with sub.
(3). In an appeal concerning voiding a license, the burden is on the applicant or operator to show that all the applicable fees, late fees and processing charges have been paid.
ATCP 79.09(2)
(2) A request for hearing to contest a temporary order given by the department under s.
ATCP 79.07 (3) shall be made in writing to the department within 15 days of receipt of the order. The department shall hold a hearing within 15 days after the department receives the written request for hearing, unless the department and the operator agree to a later date, the immediate danger to health is removed, the order is not contested or the operator and the department mutually agree that no purpose would be served by a hearing. A final decision shall be issued under s.
227.47, Stats., within 10 days following the conclusion of the hearing. The decision may order any of the following to remove the danger to health:
ATCP 79.09(2)(b)
(b) Changes in or cessations of any operation or method of operation of the equipment or premises.
ATCP 79.09 Note
Note: A request for hearing, under sub. (2), shall be submitted to the DATCP Secretary via e-mail at
datcpappeals@wisconsin.gov, faxed to (608) 224-5034, mailed to PO Box 8911, Madison, Wisconsin 53708-8911, or hand delivered to 2811 Agriculture Drive, Madison, Wisconsin 53718. The hearing may be conducted by the department secretary or designee.
ATCP 79.09(3)
(3) If the department voids a license for failure to pay fees under s.
ATCP 79.05 (6), the operator shall submit, within 15 days after receipt of the notice of the department's action, documentary evidence that all applicable fees, late fees and processing charges have been paid and that there are no outstanding payments due to the department.
ATCP 79.09 History
History: CR 15-001: cr.
Register October 2015 No. 718, eff. 2-1-16; renum. from DHS 178.09
Register June 2016 No. 726; correction in (1) (a), (2) (intro.), (3) made under s.
13.92 (4) (b) 7., Stats.,
Register June 2016 No. 726;
CR 18-019: am. (1) (a), (e), (3)
Register January 2020 No. 769, eff. 2-1-20.
ATCP 79.10
ATCP 79.10
Appeals of actions by agent health departments. If an agent issues a license under this chapter, the operator shall appeal enforcement action to the agent health department.
ATCP 79.11
ATCP 79.11
Campsite use, designation, location, and density. ATCP 79.11(1)(1)
Campsite use. No operator may allow a campsite to be occupied by the same individual for more than 8 continuous months in any 12 month period.
ATCP 79.11(2)
(2)
Campsite designation. The operator shall clearly mark each campsite with an alpha or numeric symbol that is a minimum of 2 inches in height and visible from the campground's internal road system. This rule first applies to an existing campground symbol when the symbol is changed or replaced on or after February 1, 2016.
ATCP 79.11(3)
(3)
Campground map. The operator shall maintain a current and accurate map of the campground. The map shall the show the layout and location of each campsite and operator-provided camping unit or tourist rooming house. The operator shall make the map available to all campground occupants during registration or on request.
ATCP 79.11(4)(a)(a)
Hazards. A campsite may not be located in an area of a campground that is subject to the accumulation of water or in any other area that would constitute a health or safety hazard.
ATCP 79.11 Note
Note: The location of campsites and campground attributes in a flood plain or shore land area must be approved by local zoning or the DNR. See ch.
NR 115 and s.
NR 116.12 (2) (b) as enforced by the department of natural resources. Contact your local DNR office or local zoning office for more information.
ATCP 79.11(4)(b)1.1. A campsite may not be located within 100 feet of a barn or enclosure housing an animal, a petting zoo, or other source of odors or flies. This paragraph first applies to campsites created after February 1, 2016.
ATCP 79.11(4)(b)2.
2. This provision does not apply to dogs and cats in individual campsites or for other animals as approved by a variance under s.
ATCP 79.02 (2).
ATCP 79.11(5)
(5)
Campground density. Except as provided under s.
ATCP 79.27, the operator shall ensure that the density of the campground is as follows:
ATCP 79.11(5)(a)
(a)
Individual campsites. An operator may designate no more than 20 individual campsites per acre of campground. Each campsite is limited to 6 campers or an individual family.
ATCP 79.11(5)(b)
(b)
Group campsites. An operator may allow no more than 80 campers per acre in a group campsite.
ATCP 79.11 History
History: CR 15-001: cr.
Register October 2015 No. 718, eff. 2-1-16; renum. from DHS 178.11
Register June 2016 No. 726; correction in (4) (b) 2., (5) made under s.
13.92 (4) (b) 7., Stats.,
Register June 2016 No. 726.
ATCP 79.12
ATCP 79.12
Campground access and road systems. ATCP 79.12(1)(1)
Access. Access to a campground shall be designed to minimize congestion and hazards at the entrance and exit.
ATCP 79.12(2)
(2)
Roadways. All roads within the campground shall be graded and maintained to provide drainage.
ATCP 79.12 History
History: CR 15-001: cr.
Register October 2015 No. 718, eff. 2-1-16; renum. from DHS 178.12
Register June 2016 No. 726.
ATCP 79.13(1)(a)1.1. The operator shall require a minimum distance of 10 feet between camping units measured from the outside edge of one camping unit to the outside edge of another camping unit, excluding slideouts.
ATCP 79.13(1)(a)2.
2. Except as provided in par.
(b), any accessory within 10 feet of a camping unit such as, but not limited to, a deck or storage shed shall be considered part of the camping unit for the purposes of determining distance separation.
ATCP 79.13(1)(a)3.
3. Except as provided in par.
(b), or unless otherwise specified in this chapter, a campground building other than a camping unit shall be a minimum of 10 feet away from a camping unit.
ATCP 79.13(1)(b)1.1. A campsite existing before February 1, 2016 shall meet the requirements in par.
(a) 1., and is exempt from the requirements in par.
(a) 2. and
3.
