ORDER OF
DEPARTMENT OF HEALTH SERVICES
TO ADOPT PERMANENT RULES
The Wisconsin Department of Health Services hereby proposes to repeal and recreate ch. DHS 178, relating to campgrounds and affecting small businesses. RULE SUMMARY
Statute interpreted
See the “Statutory authority” section.
Statutory authority
Explanation of agency authority
Section 227.11 (2) (a), Stats., permits an agency to promulgate rules interpreting the provisions of any statute enforced or administered by the agency if the agency considers it necessary to effectuate the purpose of the statute. Section 250.04 (1), Stats., authorizes the department to enter upon and inspect private property, to execute what is reasonable and necessary for the prevention and suppression of disease, to investigate the cause and circumstances of any special or unusual disease or mortality, to inspect any public building, and to do any act necessary for investigation. Section 250.04 (7), Stats., authorizes the department to promulgate and enforce rules and issue and enforce orders governing the duties of all local health officers and local boards of health and relating to any subject matter under the department’s supervision that are necessary to provide efficient administration and to protect health. Section 254.47 (1), Stats., authorizes the department to issue permits to and regulate campgrounds, as defined under rules. Section 254.47 (1m), Stats., requires the department to conduct a preinspection before a permit is granted to a person intending to operate a new campground or to a person intending to be the new operator of an existing campground. Section 254.47 (4), Stats., requires the department to establish by rule, permit fees, preinspection fees, reinspection fees, fees for operating without a permit, and late fees for untimely permit renewal. Section 254.69 (2) (am) and (d), Stats., authorizes the department to grant agent status to certain local health departments for issuing permits to and making investigations or inspections of campgrounds and allows local health departments with agent status to establish separate fees for licensure, including fees for preinspections. Section 254.85 (1) and (2), Stats., authorizes the department to enter the premises of campgrounds to inspect the premises, secure samples or specimens, examine and copy relevant documents and records or obtain photographic or other evidence needed for enforcement of rules or statutes and to issue orders to protect the public health safety and welfare. Section 254.86, Stats., authorizes the department to suspend, revoke, or refuse to issue a permit required under s. 254.47, Stats. Related statute or rule
The department of safety and professional services has rules that relate to campgrounds when campgrounds build commercial buildings (chs. SPS 314, and 361to 365; build one or two family dwelling structures (chs. SPS 321to 325); install plumbing systems (chs. SPS 381 to 385); install privies or portable toilets (ch. SPS 391) or install a manufactured home community (ch. SPS 326). The department of natural resources has rules that relate to campgrounds installed in or near floodplains (ch. NR 116) and rules relating to the installation of wells (chs. NR 809, 811, and 812). Plain language analysis
This proposed order repeals and recreates ch. DHS 178, relating to campgrounds. The purpose of the proposed rules is to clarify and update existing rules to respond to the changes that have occurred in the campground industry over the 36 years since ch. DHS 178 was created in 1978. The differences between the existing rules and current developments and practices in the campground industry make it difficult for a campground (operator) and department and agent health inspectors to implement and comply with existing rules. The proposed rules update existing rules relating to safe drinking water; wastewater disposal; garbage disposal; fire prevention; and injury prevention to minimize the risk of death, illness, injury or disease of campers and the public at large that use private and publicly owned campgrounds.
In addition to updating existing rules, the proposed rules are organized to increase readability and interpretation through use of plain language and better and more defined terms. The updated language also make it clear that the regulatory authority for water safety and plumbing and construction standards for campground structures, including toilet and shower facilities, operator-provided camping units, and add-ons such as porches and decks, is the department of natural resources and the department of safety and professional services respectively.
Summary of, and comparison with, existing or proposed federal regulations
There appear to be no existing or proposed federal regulations that address state campgrounds.
Comparison with rules in adjacent states
Regulations in Illinois, Iowa, Michigan, and Minnesota relating to campgrounds are similar to the department’s existing and proposed regulations in terms of public health, safety, and welfare. The proposed rules and the regulations in each of the adjacent states include basic public health provisions that help protect the safety of campers and the general public. These basic requirements include the following: campground siting provisions; the availability of safe and conveniently available water supply; wastewater disposal; garbage disposal; insect and rodent control; fire prevention and safety; and availability of toilet fixtures and shower facilities. Below are specific similarities and differences between the department’s proposed rules and the rules of adjacent states.
Illinois:
[Title 77 Ill. Adm. Code 800 (July 24, 2013)]
Similarities: Illinois requires an emergency number to be posted; a 10 foot distance between a camping unit and an open fire; injury reporting; campground plan reviews; numbers of toilets based on number of campsites; handwash sinks where water carriage toilets are installed; requirements for campground equipment maintenance; garbage containers to be within 250 feet of a campsite; has language for camping cabins including sleeping room square footage, minimum ceiling height, windows, lighting, multiple exits and smoke alarms; and has similar rules for fish cleaning houses.
Differences: Illinois campground regulations do not require permits for special event campgrounds or soap and single use toweling for sinks. Illinois does require campgrounds to have a first aid kit, requires efforts to maintain the stability of garbage containers, and requires toilets in campground marinas.
Iowa:
Iowa regulations relating to campgrounds only apply to state owned and operated campgrounds. Iowa Administrative Code 571 governs these state park campgrounds.
Michigan:
[Mich. Adm. Code R. 325.1551-325.1599 (July 24, 2013)]
Similarities: Michigan requires approvals for changes to existing campsites; specifies a maximum density per acre and per campsite; specifies distance requirement between camping units; requires signage indicating the location of the emergency phone; specifies a toilet to campsite ratio; specifies a 20 feet width requirement for campsites; and requires that buildings meet applicable construction codes.
Differences: Michigan does not allow campgrounds to be located on completed landfills; requires campgrounds to have a designated campground manager; specifies a campsite to parking space ratio; requires backup toilets for sewered campsites; and does not have rules relating to campground rental units or fish or game cleaning stations.
Minnesota:
[Minn. R. Part 4630 (July 24, 2013)]
Similarities: Minnesota requires campground plan approvals; permits for special event campgrounds; a distance of 10 feet between camping units in traditional campgrounds and a distance of seven feet between camping units in special event campgrounds; a sanitary station; privy construction standards; specifies pest control measures for insects and rodents; specifies a distance of 400 feet of safe water to campsites; requires fire extinguishers and exits in camping cabins; has specifications for bunk bed construction; requires a guest registry. Minnesota rules also specify campsite density per acre requirements, includes a minimum campsite size requirement in special event campgrounds; specifies a toilet to gender ratios; requires that fire protection measures; specifies multi-use utensil washing procedures; and specifies distance requirements between campsites and animal housing structures.
Differences: The Minnesota code contains campsite setback requirements from highway right of ways and property lines, does not address campground rental units; requires showers in dependent campsites; specifies speed limit and speed limit signs, in campgrounds; requires signs indicating that pets may not run free, requires a minimum road frontage for special event campground sites, special event campgrounds are not allowed to contain poison ivy or other noxious weeds; requires a campground caretaker be present at traditional and special event campgrounds at all times; specifies a minimum slope requirement for land on which special event campgrounds are sited.
Summary of factual data and analytical methodologies
The department formed an advisory committee to help develop the proposed rules. The committee included owners of small, medium, and large privately owned traditional and special event campgrounds; representatives of the Wisconsin Association of Campground Owners (WACO); staff from the departments of natural resources and safety and professional services; city and county agent health inspectors; and department health inspectors. The committee reviewed and commented on several iterations of proposed rules. Changes to the draft rules were made by the department as suggested by the committee.
The department also consulted with the Recreational Vehicle Industry Association (RVIA) and Recreational Park Trailer Industry Association (RPTIA) concerning the safety and design standards of recreational vehicles.
Analysis and supporting documents used to determine effect on small business or to prepare an economic impact analysis
Chapter DHS 178 has not been substantially updated since 1978 when the use of tents or small pop-up campers for weekend camping was popular. Since 1978, the campground industry has undergone considerable change. Many campgrounds are now designed to accommodate a variety of camping units, including large privately owned or operator-provided recreational vehicles, operator-provided camping cabins with no plumbing or other amenities, or tourist rooming houses with modern amenities including plumbing, furnishings, and bedding for weekends or seasonal visits. Whether privately owned or operator-provided, camping units are often in place for an entire camping season as opposed to being at the campground for a weekend as was often the case in 1978. Camping in conjunction with concerts, fairs, shows, or similar events have also changed since 1978. Special event campgrounds are now larger in scale in that many attract larger crowds and occur more frequently. Another considerable change in the campground industry is the increased popularity of rustic camping, currently only offered in state parks or forests. The purpose of the proposed rules is to update the rules to align with current trends and practices in the campground industry while continuing to help minimize incidence of illness, injury or death to campers and the general public; and to increase operators’ understanding of the requirements by increasing readability and clarity of intent.
The proposed rules would directly affect 1,193 private and state owned campgrounds currently under permit to operate in the state, with over 4,900 campsites, and thousands of campers annually. Some campgrounds are owned, operated or franchised by large companies with national scope while other campgrounds are locally owned and operated. Approximately 60% of the campgrounds with 50 or fewer campsites are locally owned and operated, and may be small businesses as that term is defined under s. 227.114, Stats. The proposed rules contain the existing requirements relating to permit applications; fees; enforcement actions; water supply; sewage and wastewater; toilet and shower facilities; garbage and refuse; and general management, with minor substantive revisions. The following is an analysis of the major new or changed revisions to ch. DHS 178: Campground Permits
When permits are required: To resolve agent budget and workload issues resulting from some campgrounds being physically located in multiple jurisdictions but paying a single permit and preinspection fee to only one jurisdiction, the department proposes that a separate permit be obtained for each campground whenever two or more campgrounds are located within a tract of land that is owned and operated by the same person and the central registration for each campground is separated by five or more miles. The proposed change would result in a cost increase to these operators.
The department estimates that less than five percent of campgrounds in the state would be impacted by this provision. This provision will primarily impact state owned campgrounds. Applicable fees are outlined in Table DHS 178.06.
Plan approvals: Under existing rules, operators must receive approval from the department or its agent for an operator’s campground plans for a new or expanded campground before beginning construction or modification. The department maintains the approval requirement and proposes to codify the existing requirement that operators complete an application for plan approval to the department or its agent for approval. The application will be made available for operators free of charge on the department’s website or by request and will provide information to the operator as to what information to include as part of the plan approval. The department proposes to continue to provide plan approvals free of charge to the operator.
