DHS 178.17 Garbage and refuse.
DHS 178.18 Fire protection.
DHS 178.21 Special event campgrounds.
Ch. DHS 178 Note
Note: Chapter H 78 as it existed on August 31, 1978 was repealed and a new chapter H 78 was created effective September 1, 1978. Chapter H 78 was renumbered chapter HSS 178, effective June 1, 1982; chapter HSS 178 as it existed on October 31, 1985 was repealed and a new chapter HSS 178 was created effective November 1, 1985. Chapter HSS 178 was renumbered chapter HFS 178 under s. 13.93 (2m) (b) 1., Stats., corrections made under s. 13.93 (2m) (b) 6. and 7., Stats.,
Register, January, 1997, No. 493. Chapter HFS 178 was renumbered chapter DHS 178 effective February 1, 2009, and corrections made under s. 13.92 (4) (b) 7., Stats.,
Register January 2009 No. 637.
DHS 178.01
DHS 178.01
Authority and purpose. This chapter is promulgated under the authority of ss.
250.04 (1) and
(7) and
254.47, Stats., to regulate the maintenance and operation of campgrounds in order to protect the health and safety of the public.
DHS 178.01 History
History: Cr.
Register, August, 1992, No. 440, eff. 9-1-92; correction made under s. 13.93 (2m) (b) 7., Stats.,
Register, January, 1995, No. 469;
CR 08-073: renum. from HFS 178.01
Register January 2009 No. 637, eff. 2-1-09.
DHS 178.02(1)(1)
Applicability. This chapter applies to the operator of any campground, except that only
ss. DHS 178.17 (1) through
(5) and
178.21 apply to special event campgrounds.
DHS 178.02(2)(a)(a) The department may approve an alternative to a method, practice, material, equipment or design required under this chapter that will not be contrary to public health, safety or welfare when the department is provided with satisfactory proof that the alternative will achieve results which are closely equivalent to the results of literal application of the requirement under this chapter.
DHS 178.02(2)(b)
(b) An alternative approved by the department under
par. (a) may be made conditional for:
DHS 178.02 History
History: Cr.
Register, August, 1992, No. 440, eff. 9-1-92;
CR 08-073: renum. from HFS 178.02
Register January 2009 No. 637, eff. 2-1-09; corrections in (1) made under s.
13.92 (4) (b) 7., Stats.,
Register January 2009 No. 637.
DHS 178.03
DHS 178.03
Definitions. In this chapter:
DHS 178.03(1)
(1) "Agent" means the city, county or village designated by the department under s.
254.69 (2), Stats., and
ch. DHS 192 to issue permits to and make investigations or inspections of campgrounds.
DHS 178.03(2)
(2) "Approved" means acceptable to the department, based on its determination of conformance with this chapter and good public health practices.
DHS 178.03(3)
(3) "Campground" means any parcel or tract of land owned by a person, the state or a local government, which is designed, maintained, intended or used for the purpose of providing sites for nonpermanent overnight use by 4 or more camping units, or by one to 3 camping units if the parcel or tract of land is represented as a campground.
DHS 178.03(4)
(4) "Camping unit" means any portable device, no more than 400 square feet in area, used as a temporary dwelling, including but not limited to a camping trailer, motor home, bus, van, pick-up truck or tent.
DHS 178.03(5)
(5) "Department" means the Wisconsin department of health services.
DHS 178.03(6)
(6) "Dependent camping unit" means a camping unit without a toilet and which therefore depends on campground toilets.
DHS 178.03(7)
(7) "Group campsite" means a piece of land within the campground for overnight camping use by more than 6 campers.
DHS 178.03(8)
(8) "Independent camping unit" means a camping unit which contains, at a minimum, a water storage facility and a toilet facility which discharges to a liquid waste holding tank that is an integral part of the unit or to a sewage disposal system.
DHS 178.03(9)
(9) "Individual campsite" means a piece of land within a campground for overnight camping use by not more than 6 campers unless all are members of an individual family.
DHS 178.03(10)
(10) "Individual family" means the principal campsite occupant and persons related to that person as spouse, child, parent, grandparent, sibling or grandchild, or the spouse's child, parent, grandparent, sibling or grandchild.
DHS 178.03(11)
(11) "Operator" means the owner of a campground or the person responsible to the owner for the operation of the campground.
DHS 178.03(12)
(12) "Permanent structure" means a structure resting on its own foundation and not intended to be part of the camping unit as it is in transit.
DHS 178.03(13)
(13) "Person" means, for purposes of issuing a permit, an individual, partnership, association, firm, company, corporation, municipality, county, town or state agency, whether tenant, owner, lessee or licensee, or the agent, heir or assignee of any of these.
DHS 178.03(14)
(14) "Sanitary station" means a facility connected to approved sewerage, and designed for receiving liquid and water-carried waste from camping unit holding tanks.
DHS 178.03(15)
(15) "Shelter unit" means a structure located on an individual or group campsite which is designed only to protect occupants from the elements and does not have a permanent water supply, a sewage system, electricity, or heating and cooking facilities.
DHS 178.03(16)
(16) "Special event" means a single event such as a fair, rally or festival involving the gathering of camping units for a maximum of 7 consecutive nights.
DHS 178.03(17)
(17) "Temporary dwelling" means a dwelling occupied no more than 4 continuous months in a 12 month period.
DHS 178.03(18)
(18) "Vault toilet" means a structure not connected to a water supply system, which is used by persons for the deposit of human body wastes.
DHS 178.03 History
History: Cr.
Register, August, 1992, No. 440, eff. 9-1-92; correction in (1) made under s. 13.93 (2m) (b) 7.,
Register, January, 1995, No. 469; correction in (1) made under s. 13.93 (2m) (b) 7., Stats.,
Register, August, 1998, No. 512;
CR 08-073: renum. from HFS 178.03 and am. (5)
Register January 2009 No. 637, eff. 2-1-09; correction in (1) made under s. 13.92 (4) (b) 7., Stats.,
Register January 2009 No. 637.
DHS 178.04
DHS 178.04
Plan approval. The operator shall submit plans and specifications for a new or expanded campground to the department for examination and approval before beginning construction or modification. No change in plans or specifications which involves any provision of this chapter may be made unless the change is approved and dated by the department.
DHS 178.04 Note
Note: Operators should consult the department of safety and professional services as well as local building and zoning regulations before commencing construction or modification.
DHS 178.04 History
History: Cr.
Register, August, 1992, No. 440, eff. 9-1-92;
CR 08-073: renum. from HFS 178.04
Register January 2009 No. 637, eff. 2-1-09.
DHS 178.05(1)(a)(a) No campground may be opened to the public until the operator of the campground has obtained a permit from the department or its agent by submitting an application under
sub. (4) and paying the applicable fee specified in
s. DHS 178.06. A separate permit is required for each campground.
DHS 178.05(1)(b)
(b) If a permit holder sells or otherwise transfers ownership or operation of a campground to another person, except as provided in
sub. (3), a new initial permit is required, and the campground may not be opened to the public until the department has issued a new permit.
DHS 178.05(2)(a)(a) 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.
DHS 178.05(3)
(3) Transferability of permits. An individual may transfer a permit to an immediate family member, as defined in s.
254.64 (4) (a) 2., Stats., 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. Except as provided in this subsection, no permit issued under this chapter is transferable from one premise to another or from one person or entity to another.
DHS 178.05 Note
Note: Under s.
254.64 (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.
254.64 (4) (a) 1. and
179.70 (1), Stats., a "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.
DHS 178.05(4)(a)(a)
Initial permit. Application for an initial or new permit shall be made on an application form furnished by the department or its agent and shall be accompanied by all of the following:
DHS 178.05(4)(a)2.
2. Documentation that the department of safety and professional services under
s. SPS 390.04 (1) has approved plans and specifications for the campground, if required.
DHS 178.05(4)(a)3.
3. Information, as determined by the department or its agent, indicating that the campground will be maintained and operated in compliance with applicable federal and state laws and that rules have been implemented for the operation of the campground that will protect the health, safety, and welfare of the public.
DHS 178.05 Note
Note: To obtain a copy of the application form for a permit to operate a campground or to determine which agent to contact for an application form, write or phone: Bureau of Environmental and Occupational Health (BEOH), P.O. Box 2659, Madison, Wisconsin 53701-2659 (608-266-2835). You may also contact the BEOH at
www.dhs.wi.gov/fsrl.
DHS 178.05(4)(b)
(b)
Renewal permit. To renew the permit of an establishment, the operator shall pay the department, the applicable establishment permit fee specified under
s. DHS 178.06 before the license expires. If the payment to renew the permit of an establishment is not made to the department before the expiration date of the establishment permit, the late fee specified under
s. DHS 178.06 (2) (c) shall be paid in addition to the permit fee.
DHS 178.05 Note
Note: Local health departments that are agents for the department have authority under s.
254.69 (2) (d), Stats., to establish and collect fees for permits issued by the local health department. If your establishment was permitted by a local health department, contact the local health department for its permit fee schedule.
DHS 178.05(5)
(5) Department or agent action on permit application. DHS 178.05(5)(a)(a) The department or its agent shall issue or deny a permit within 30 days after receiving a complete application, all applicable fees, and the other information required under
sub. (4).
DHS 178.05(5)(b)
(b) Except as provided in ss.
250.041 and
254.115, Stats., the initial issuance, renewal or continued validity of a permit issued under this subsection may be conditioned upon the requirement that the permit holder correct a violation of this chapter, s.
254.47, Stats., or ordinances adopted under s.
254.69 (2) (g), Stats., within a period of time specified. If the condition is not met 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 under this paragraph, and any person who does so shall be subject to the penalties under s.
254.47 (3), Stats. An operator whose permit is voided under this paragraph may appeal the decision under
s. DHS 178.09.
DHS 178.05(5)(c)
(c) The department or its agent may refuse to issue or renew a permit to operate a campground under any of the following circumstances:
DHS 178.05(5)(c)1.
1. The department or its agent has not conducted a preinspection of a campground for which an initial or new permit is required under
sub. (1).
DHS 178.05(5)(c)2.
2. The operator of a campground has not corrected a condition for which the department or agent has issued a written a health or safety-related order.
DHS 178.05(5)(c)3.
3. All applicable fees under
s. DHS 178.06 have not been paid, including the permit fee, preinspection fee, reinspection fee, or other applicable fees.
DHS 178.05(5)(c)4.
4. 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.
DHS 178.05(5)(c)5.
5. The operator, applicant, or permit holder has failed to provide the department or its agent with information required under
sub. (4).
DHS 178.05(5)(c)6.
6. The operator or applicant has violated
ch. 254, Stats., this chapter, or any order, ordinance, or regulation created by a village, city, county, or local board of health having jurisdiction, provided such violation is related to the operation of the campground.
DHS 178.05(5)(d)
(d) 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 under
s. DHS 178.09
DHS 178.05(6)
(6) Voided permit for failure to pay fees. If an applicant or operator fails to pay all applicable fees, late fees and processing charges under
s. DHS 178.06 within 15 days after the applicant or operator receives notice of an insufficiency under
s. DHS 178.06 (3), or within 45 days after the expiration of the permit, whichever occurs first, the permit is void. An operator whose permit is voided under this subsection may appeal the decision under
s. DHS 178.09. In an appeal concerning a voided permit under this subsection, the burden is on the permit applicant or operator to show that the entire 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. DHS 178.06 (2) (e) in addition to the fees otherwise due, unless the applicant or operator meets its burden of proof under this subsection.
DHS 178.05(7)
(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.
DHS 178.05 History
History: Cr.
Register, August, 1992, No. 440, eff. 9-1-92; emerg. am. (1), cr. (1m), eff. 9-1-94; am. (1), cr. (1m),
Register, January, 1995, No. 469, eff. 2-1-95; emerg. r. (1m) (a) 2., renum. (1m) (a) 3. and am., am. (1m) (b) and (c), eff. 7-1-96; r. (1m) (a) 2., renum. (1) (a) 3. to be (1m) (a) 2. and am., am. (1m) (b) and (c),
Register, January, 1997, No. 493, eff. 2-1-97; am. (1m), cr. (1m) (d),
Register, August, 1998, No. 512, eff. 9-1-98;
CR 01-016: am. (1m) (a) 2. and r. (1m) (d)
Register May 2002 No. 557, eff. 6-1-02;
CR 08-073: renum. from HFS 178.05, r. and recr.
Register January 2009 No. 637, eff. 2-1-09; correction in (4) (a) 2. made under s.
13.92 (4) (b) 6.,
7., Stats.,
Register January 2012 No. 673.
DHS 178.06(1)(1)
Fee schedules. The fees listed in Table DHS 178.06 A shall apply to permits issued from April 1, 2009 through March 31, 2011. The fees listed in Table DHS 178.06 B shall apply to permits issued on or after April 1, 2011.
DHS 178.06 Note
Note: Local health departments that are agents for the department have authority under s.
254.69 (2) (d), Stats., to establish and collect fees for permits issued by the local health department. If your establishment was permitted by a local health department, contact the local health department for its permit fee schedule.
DHS 178.06(2)(a)(a)
Preinspection fee. The operator of a campground shall, pursuant to
sub. (1), pay the applicable preinspection fee listed in Table DHS 178.06 A or B to the department before an initial or new permit is issued under
s. DHS 178.05.
DHS 178.06(2)(b)
(b)
Permit fee. The operator of a campground shall, pursuant to
s. DHS 178.06 (1), pay the applicable permit fee listed in Table DHS 178.06 A or B to the department for each campground that the operator applies for a permit to operate under
s. DHS 178.05 (1) or
(2).
DHS 178.06(2)(c)
(c)
Late fee. If the permit fee for a permit renewal is not paid before the expiration date of the permit, the operator of the campground shall pay to the department a late fee of $85.00 in addition to the renewal permit fee.
DHS 178.06(2)(d)
(d)
Reinspection fee. If the department conducts a reinspection of a campground under
s. DHS 178.07 (1) (b) 1. and
2., the operator shall, pursuant to
s. DHS 178.06 (1), pay to the department the applicable reinspection fee listed in Table DHS 178.06 A or B. The department shall assess an additional fee as listed in Table DHS 178.06 A or B, whichever is applicable, for any additional reinspection conducted under
s. DHS 178.07 (1) (b) 4.
DHS 178.06(2)(e)
(e)
Fees for operating without a permit. Any campground found to be operating without a permit shall pay to the department a fee of $749.00, in addition to all applicable fees and any processing charges under
s. DHS 178.05 (6).
DHS 178.06 Note
Note: Anyone operating a campground without a permit is also subject to a fine of not less than $25 nor more than $250 under s.
254.47 (3), Stats.
DHS 178.06(2)(f)
(f)
Duplicate permit. The department shall charge the operator of a campground $15 for a duplicate permit.
DHS 178.06(2)(g)
(g)
Fees for special condition inspections. For inspection or consultation activities that are not directly related to the department's permitting and licensing responsibilities, the departments shall charge the operator or the entity requesting the inspection or consultation $175.00.
DHS 178.06(3)
(3) Method of payment. If the payment for an initial or renewal permit 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.
-
See PDF for table 
-
See PDF for table DHS 178.06 History
History: CR 08-073: cr.
Register January 2009 No. 637, eff. 2-1-09.
DHS 178.07(1)(a)(a)
Inspections. Under ss.
254.69 (2) and
254.85 (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:
