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.