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.
Decisions on applications: The existing rules do not include a time period within which the department will review and make a decision on an application for a new or renewal permit as required under s. 227.116, Stats. The department proposes to issue a decision on an application within 30 days after the department receives an accurate and completed application and supporting documents and further proposes to provide appeal rights if an application is denied. The 30 day period for issuing a decision on an application is consistent with current practice and other department administrative codes, codifies current practice, and conforms the rules to s. 227.116, Stats. The department does not anticipate any costs to the department, local governmental units, or the private sector due to this rule provision. Special event campground permits: As a matter of practice, the duration of a special event campground permit is limited to seven days. Existing rules require applicants for a permit for a special event campground to be submitted at least seven days before the permit.
Because many special event campground operators host several events throughout the summer, limiting the permit period to seven days may be burdensome by requiring the operator to obtain multiple permits resulting in multiple application and permit fees. To ease the potential burden on these operators, the department proposes to increase the permit period from seven days to 14 days. Increasing the special event permit duration would allow operators flexibility in their operations and may result in savings through fewer permit fees.
The department also proposes to require an application to be submitted to the department at least 30 days before the event as opposed to current seven days. Because many special event campgrounds involve the gathering of large numbers of people, the department has experienced issues with carbon monoxide poisoning and death related to improper campsite placement. Seven days is an insufficient amount of time for the department to review the campground map, campsite locations and spacing, water supply requirements, waste water disposal, garbage disposal and make the necessary field visit prior to issuing a permit. Thirty days will allow the department sufficient time to review and make a decision on the application including time for working with operators on the special event campground design. Because in practice, special events are normally planned months in advance, no costs to the operator are anticipated. Applications are provided to operators without charge.
Rustic campsites: Currently, only campgrounds operated by the department of natural resources in state parks and forests may offer rustic campsites to the public for camping. Rustic campsites are isolated campsites, with few to no operator-provided campground attributes, which are generally only accessible by canoe, boat, horseback, walking or other non-motorized means. The proposed rules exempt rustic campsites from most of the requirements of traditional campgrounds to maintain the integrity of what rustic camping is. The existing rules make no provision for this type of camping and would require that the campground sites be located close to campground amenities. The proposed rule will allow operators to install rustic campsites. The department expects little cost to private sector operators or the department of natural resources given that there is little cost associated with this type of camping (no requirement to provide amenities). Specifically, proposed rules require a minimum of 400 feet between campsites, and a minimum 500 feet from a parking area, a road, non-rustic campsites, a tourist-rooming house or any other campground building. The proposed rules also open the door to private sector operators to offer rustic campsites to the public, where previously the option was not available to private sector operators.
General Administration
Recordkeeping; maintenance of records: Existing rules require the operator to maintain a campground register of guests, but do not require the operator to maintain other records. The department proposes to require operators to maintain on the premises, records of approved variances; campground plans and specifications; water testing reports; and the most current copy of ch. DHS 178. Maintaining these records on site will help an operator quickly provide an inspector with information they need to collect and verify during the course of an inspection. The department anticipates little cost with keeping these records electronically or in an office file. Emergencies: Existing rules do not address emergencies in campgrounds. To assist campers who may need emergency services, the proposed rules require that the operator display durable signage providing directions to the nearest location where a telephone is available for emergency use. The costs for this requirement are expected to be negligible and limited to the cost of the material used (computer paper and frame, less than $10) for the number of signs needed. The number of signs posted is at the discretion of the operator.
Campsite occupancy: Under current practice, the department allows a camping unit to be located on the same campsite for up to four continuous months in a 12 month period. To provide operators with more flexibility in renting campsites to seasonal campers, the department proposes to allow camping units to be located on the same campsite for up to eight months in a 12 month period, so long as the camping unit is occupied by the same individual. Allowing campers to place and occupy camping units for up to eight months reflects current industry practice at seasonal campsites. This provision will also allow an operator to provide operator-provided camping units for use for up to eight months in a 12 month period. A campground by definition is for temporary overnight use, not for use as a full-time, permanent residence. This requirement helps operators by assuring that campers do not attempt to establish a full time residence in their campground.
General maintenance: The existing rules require that the campground be maintained in a clean, safe and sanitary condition and that operator-provided camping units be maintained in a clean and sanitary condition and in good repair. The proposed rules add language to maintain safety equipment such as smoke and carbon monoxide alarms.
Campground maps: Existing rules require that the operator mark each campsite on a map and make the map available to campers. The proposed rules maintain these requirements and require that campground maps include the layout and location of each operator-provided camping unit or tourist rooming house. The department expects little cost associated with adding the additional amenities to the existing campground map. An accurate campground map helps campers navigate the campground and helps emergency response personnel respond to emergencies more efficiently.
Campsite signage: Existing rules require that each campsite be designated by signage at the campsite. The existing rules do not specify size requirements. The department proposes to require that campsite signage use an alpha or numeric symbol, be at least two inches in height, and visible from the campground’s internal road system. The proposed changes would first apply to existing campground signage or symbols when the signage is changed or replaced after the effective date of the rule. The cost to the operator will depend on the number of campsite designations that are being changed or replaced at a given time. Because campsite designation is an existing code requirement, the department expects little additional cost to an operator. Adding a requirement that the campsite designation be visible from the campground’s internal road system will assist emergency personnel with efficient delivery of services.
Manufactured homes in a campground: The department of safety and professional services requires under ch. SPS 326 that campgrounds with more than two manufactured homes must have a manufactured home community license issued by the department of safety and professional services. Under the proposed rules, if a campground includes more than two manufactured homes, the operator must work with the department or its agent to formulate a corrective action plan for removal and subsequently remove all but two of the manufactured homes from the campground, unless the department of safety and professional services has issued the operator a license as a manufactured home community. The operator will incur a cost for this provision if the campground includes three or more manufactured homes, and the manufactured home community is not licensed as such by the department of safety and professional services. The department estimates that very few campgrounds will be impacted by this provision as many are already licensed as manufactured home communities or have already removed manufactured homes in excess of two. The cost of the manufactured home community license is determined by the department of safety and professional services. Sanitation and hygiene
Linens: Existing and proposed rules require that bed linens be washed after each occupancy. The proposed rules require that separate, nonabsorbent containers be used for handling clean and soiled linens to prevent the contamination of clean linens. The proposed rules would only impact operators that opt to offer linens for rent or bedding in operator-provided camping units. An online search of laundry container vendors reveals that containers range in cost from $5 to $50 per unit. The overall cost will depend on the amount of linens laundered and soiled, and occupancy rate, and rate of bedding rentals.
Mattress Covers: The public expects that rented camping units be maintained in a clean and sanitary condition. The proposed rules require that each mattress or sleeping surface be supplied with a washable mattress pad to help protect the mattress from the accumulation of soil, stains or debris and allow for proper cleaning. An online search of mattress pad vendors reveals that mattress pads range in cost from $12 to $30 per unit and will apply only to operators that rent operator-provided camping units. The actual cost to operators will depend on the number of mattresses.
