Chapter ATCP 79

ATCP 79.03(27) (27) “Potable” has the meaning given in s. NR 812.07 (75).

ATCP 79.03 Note Note: Section NR 812.07 (75) reads: ”Potable” means water supplied for human consumption, sanitary use, or for the preparation of food or pharmaceutical products.

ATCP 79.03(28) (28) “POWTS” or “private on-site wastewater treatment system” has the meaning given in s. 145.01 (12), Stats.

ATCP 79.03 Note Note: Section 145.01 (12), Stats., reads: Private on-site wastewater treatment system. “Private on-site wastewater treatment system” means a sewage treatment and disposal system serving a single structure with a septic tank and soil absorption field located on the same parcel as the structure. This term also means an alternative sewage system approved by the department including a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure or a system located on a different parcel than the structure. A private on-site wastewater treatment system may be owned by the property owner or by a special purpose district.

ATCP 79.03(29) (29) “Private water system” has the meaning given in s. NR 812.07 (78).

ATCP 79.03 Note Note: Section NR 812.07 (78) reads: “Private water system” means any water system supplying water that is not a public water system.

ATCP 79.03(30) (30) “Public sewer” has the meaning given in s. SPS 381.01 (198).

ATCP 79.03 Note Note: Section SPS 381.01 (198) reads: “Public sewer” means a sewer owned and controlled by a public authority.

ATCP 79.03(31) (31) “Public water system” has the meaning given in s. NR 812.07 (80).

ATCP 79.03 Note Note: Section NR 812.07 (80) reads: “Public water system” means a system for the provision to the public of piped water for human consumption if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days per year. A public water system is either a ”community water system” or a “non-community water system.” Such system includes:

ATCP 79.03 Note (a) Any collection, treatment, storage, and distribution facilities under control of the operator of such system and used primarily in connection with such system, and

ATCP 79.03 Note (b) Any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system.

ATCP 79.03(32) (32) “Recreational vehicle” means a vehicle that has walls of rigid construction, does not exceed 45 feet in length, is designed to be towed upon a highway by a motor vehicle or has a motor of its own, and is equipped and used, or intended to be used, primarily for temporary or recreational human habitation. A recreational vehicle includes camping trailers, motor homes, and park models.

ATCP 79.03(33) (33) “Rustic campsite” means an individual campsite that is accessible only by canoe, boat, horse, walking, or a nonmotorized vehicle and for which there are no operator-provided campground attributes.

ATCP 79.03 Note Note: DNR primitive and semi-primitive camping facilities as defined in s. NR 44.07 (6) (e) 2., are covered under an memorandum of understanding established between the department and the DNR.

ATCP 79.03(34) (34) “Sanitary dump station” means a department of safety and professional services approved facility that is designed to receive sewage and domestic wastewater from the holding tank or transfer tank of a recreational vehicle.

ATCP 79.03(35) (35) “Seasonal campsite” means a campsite in which the operator allows a camper to park a privately owned camping unit for 30 or more consecutive days.

ATCP 79.03(36) (36) “Special event campground” means a campground temporarily created to provide campsites in conjunction with a special event, such as a fair, rally, carnival, music festival, sporting event, community festival, or other similar event.

ATCP 79.03(37) (37) “Tourist rooming house” notwithstanding s. ATCP 72.03 (20), when used in connection with this chapter, means a lodging place other than a hotel or motel, that is more than 400 square feet, in which sleeping accommodations are offered for pay to a tourist or transient. A “tourist rooming house” does not include private boarding or rooming houses not accommodating a tourist or transient, or a bed and breakfast establishment regulated under ch. ATCP 73.

ATCP 79.03(38) (38) “Vault privy” has the meaning given in s. SPS 391.03 (9).

ATCP 79.03 Note Note: Section SPS 391.03 (9) reads: ”Vault privy” means an enclosed nonportable toilet into which nonwater-carried human wastes are deposited to a subsurface storage chamber that is watertight.

ATCP 79.03(39) (39) “Water distribution system” has the meaning given in s. SPS 381.01 (280).

ATCP 79.03 Note Note: Section SPS 381.01 (280) reads: “Water distribution system” means that portion of a water supply system from the building control valve to the connection of a fixture supply connector, plumbing fixture, plumbing appliance, water-using equipment or other piping systems to be served.

ATCP 79.03(40) (40) “Water service” has the meaning given in s. SPS 381.01 (282).

ATCP 79.03 Note Note: Section SPS 381.01 (282) reads: “Water service” means that portion of a water supply system from the water main or private water supply to the building control valve.

ATCP 79.03(41) (41) “Water system” has the meaning given in s. NR 812.07 (118).

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) (1) Approval required.

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)1. 1. The operator begins construction of a campground.

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(1)(b) (b) An operator-provided camping unit that meets s. ATCP 79.13 (3) or that has been approved by the department or its agent under sub. (2) and s. ATCP 79.13 (3), may be placed or relocated on any approved campsite.

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) (2) Application for plan approval.

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 [e-mail] or contact the Bureau of Food and Recreational Businesses at [phone] or PO Box 8911, Madison, Wisconsin 53708-8911.

ATCP 79.04(2)(b) (b)

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) (1) License required.

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. 3.

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 [phone] or send an e-mail to [e-mail].

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) (2) License duration and renewal.

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) (3) New license.

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 [phone] or send an e-mail to [e-mail].

ATCP 79.05(4) (4) License renewal.

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(4)(b) (b)

ATCP 79.05(4)(b)1. 1. The department may refuse to renew a license as provided under sub. (5) (a) 1.

ATCP 79.05(4)(b)2. 2. The department shall refuse to renew a license as provided under sub. (5) (b).

ATCP 79.05(5) (5) Department or agent action on a license application.

ATCP 79.05(5)(a) (a) Department decision on a license.

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)2. 2. The department or its agent has not conducted the preinspection required under s. ATCP 79.05 (1) (c).

ATCP 79.05(5)(b)3. 3. The department or its agent has not approved the plan for the campground under s. ATCP 79.04.

ATCP 79.05(5)(b)4. 4. The operator has not paid all of the applicable fees under s. ATCP 79.06.

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.