Section 79.05. Permit to operate a campground.

 

(1)   Permit required.

(a) Conditions requiring a permit. No person may operate a campground without a permit from the department or its agent if any one of the following applies:

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.

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.

3.

a. Except as provided under subd. 3. b. , if a permit holder sells or otherwise transfers ownership or operation of a campground to another person, a new permit 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 permit.

b. As provided in s. 97.67 (2) (b) and (c) , Stats., an individual may transfer a permit 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. 179.70 (1) , Stats., or a business entity that reorganizes as a sole proprietorship or a different type of business entity may transfer a permit to the newly formed business entity or sole proprietorship if the campground remains at the location for which the permit was issued and at least one individual who had an ownership interest in the sole proprietorship or business entity to which the permit was issued has an ownership interest in the newly formed sole proprietorship or business entity.

c. Except as provided in this paragraph, no permit issued under this chapter is transferable from one premise to another or from one person or entity to another.

d. A person who wishes to transfer a permit under subd. 3. a. or b. shall notify the department or its agent prior to operation of the campground.

(b) Conditions requiring multiple permits. 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 permit is required for each campground.

(c) Preinspection required. Before the department or its agent may issue a permit 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.

(2)   Permit duration and renewal.

(a) Expiration. Each permit issued under this chapter expires on June 30, except that a permit initially issued during the period beginning on April 1 and ending on June 30, expires on June 30 of the following year.

(b) Annual renewal. Each permit shall be renewed annually as provided in sub. (4) .

(3)   New permit.

(a) Application. To apply for a new permit, 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:

1. The applicable fees specified under s. ATCP 79.06 and any fees previously due to the department or its agent under this chapter.

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.

(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.

(4)   Permit renewal.

(a) To renew a permit, the operator shall pay the department the applicable permit fee specified under s. ATCP 79.06 before the permit expires. If payment to renew a permit fee is not received by the department before the expiration date of the permit, the late fee specified under s. ATCP 79.06 (2) (c) shall be paid in addition to the permit fee. An application for a renewal permit is not required.

(b)

1. The department may refuse to renew a permit as provided under sub. (5) (a) 1.

2. The department shall refuse to renew a permit as provided under sub. (5) (b) .

(5)   Department or agent action on a permit application.

(a) Department decision on a permit.

1. The department or its agent may not issue a new permit or renew an existing permit for a campground unless all of the following conditions are met:

a. The operator has corrected a condition for which the department or agent has issued a written health or safety-related order.

b. The operator, applicant, or permit 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.

c. The department or its agent has determined that the operator, applicant or permit holder is not in violation of ch. 97 , Stats. , or has only a minor violation as defined in s. 227.04 (1) (a) , Stats.

(b) Permit prohibited. The department or its agent shall refuse to issue a new permit or renew an existing permit to operate a campground under any of the following circumstances:

1. A fully and accurately completed, signed and dated application has not been received by the department or its agent.

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

3. The department or its agent has not approved the plan for the campground under s. ATCP 79.04 .

4. The operator has not paid all of the applicable fees under s. ATCP 79.06 .

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.

(c) Conditional permit. Except as provided in s. 93.115 , Stats., the initial issuance, renewal, or continued validity of a permit may be conditioned upon the requirement that the permit 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 permit is void. No person may operate a campground after a permit 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 permit is voided under this paragraph may appeal the decision under s. ATCP 79.09 .

(d) Granting or denial of a permit.

1. The department or its agent shall issue or deny a new permit or shall renew a permit for a campground within 30 days after the applicant meets all of the requirements under subs. (3) or (4) , as applicable.

2. If the department or its agent denies an application for a permit, the applicant shall be given reasons, in writing, for the denial and information regarding appeal rights provided under s. ATCP 79.09 .

(6)   Voided permit for failure to pay fees.

(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 permit, the permit is void.

(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 permit is void.

(c) Appeal rights. An operator whose permit is voided under this subsection may appeal the decision as provided under s. ATCP 79.09 . The burden is on the permit 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 permit 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.

(7)   Permit posting. A current permit issued by the department shall be posted in a place visible to the public. A permit may not be altered or defaced.

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 .

Note

Pursuant to s. 97.67 (1g) , Stats., a campground permit 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. Microsoft Windows NT 6.1.7601 Service Pack 1 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 179.70 (1) , 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. Microsoft Windows NT 6.1.7601 Service Pack 1 To notify the department of a transfer of ownership, call [phone] or send an e-mail to [e-mail] . Microsoft Windows NT 6.1.7601 Service Pack 1 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 permit to a person intending to operate a new public campground or to a person intending to be the new operator of an existing campground. Microsoft Windows NT 6.1.7601 Service Pack 1 As provided under s. 97.615 (2) (d) , Stats., a local health department can establish and collect fees for permits. If you were issued a permit by a local health department, contact the local health department for its permit fee schedule. Microsoft Windows NT 6.1.7601 Service Pack 1 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] . Microsoft Windows NT 6.1.7601 Service Pack 1