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occupancy." Would the state have also put in penalties for not enforcing that rule? <br /> That interpretation of the law makes no sense. <br /> Let's begin by looking at the state's definition of a campground for perspective on the intent of <br /> the 8-out-of-12 month rule, it states: 79.03(3) "Campground" means a parcel or tract of land <br /> owned by a person, state, or local government that is designed,maintained, intended, or used for <br /> the purpose of providing campsites offered with or without charge, for temporary overnight <br /> sleeping accommodations. <br /> Clearly the state defines campgrounds as places for temporary and overnight sleeping. <br /> What does the state mean by temporary? 79.11(1) is in there to help define what"temporary" <br /> means. <br /> I wanted to fully understand the code, so I submitted an Open Records Request for the rule <br /> making process of ATCP 79. It came back with nothing. I learned that is because the rules were <br /> not made while under DATCP. The rules were made under DHS and the enforcement was <br /> transferred to DATCP. <br /> So, I sent another Open Records request in July of 2020 to DHS. Finally in February of 2021 I <br /> got a response from DHS (Attached) <br /> You will see on pages 6 and 7 that 79.11(1) and campsite occupancy is specifically addressed. It <br /> does NOT focus on the person being on the campsite. It is specifically about the camping unit <br /> being on the campsite,here is a direct quote. "To provide operators with more flexibility in <br /> renting campsites to seasonal campers, the department proposes to allow camping units to be <br /> located on the same campsite for up to eight months in a 12-month period, so long as the <br /> camping unit is occupied by the same individual." <br /> The state is defining what it means by temporary. It is saying the camping unit can only be <br /> located on the same campsite for up to 8 months in a 12-month period. <br /> The reference to the individual is about whom is inside, occupying the camping unit. It is not <br /> about how many days or months the individual is occupying the campsite, it is clearly about how <br /> many months the camping unit is occupying the campsite. <br /> Let's think about what it means for a campsite to be occupied. If you came to a campground and <br /> asked to rent campsite#5, how would the campground operator determine if campsite#5 was <br /> occupied? Would he look to see if Mr. Jones was inside his camping unit? Or would campsite <br /> #5 be occupied if Mr. Jones camping unit was on site#5? Clearly campsite occupancy is about <br /> the camping unit,not about the person doing the camping. <br /> I asked in my open records request if DATCP had held any meetings or had any records about <br /> defining 79.11(1). No records of any kind were found. So, the last time 79.11(1)had the rules <br /> defined was by DHS in 2016 and that is what is attached here. <br /> For some reason DATCP is not enforcing the law as they appear to be intended during the 2016 <br /> rule making process. As mentioned, I've asked for all open records requests regarding the rule <br /> making process for 79.11(1) and what you see attached is all there is. There has not been a new <br /> rule making process to override this work in 2016, DATCP has not held any open meetings to <br /> redefine 79.11(1). <br /> As a result, we are ending up with exactly the opposite outcome from what 79.11(1)was <br /> designed to prevent. Instead of campgrounds being for temporary, overnight sleeping, they are <br /> becoming permanent long-term residential communities. Camping units occupy campsites <br /> indefinitely. 12 continuous months of the year without the 4-month break required by law. <br /> What we have now in Burnett County is a mess. Something is clearly wrong in the interpretation <br /> and enforcement of ATCP 79. Instead of getting campgrounds for temporary overnight use, we <br /> are getting long term residential settlements. <br /> Local Burnett County Campground developers have caught on to the lack of enforcement of the <br /> 8 out of 12 month rule. They are exploiting it to their financial benefit. They are going to the <br /> public and offering them a sweetheart deal, an up-north maintenance free modular home that is <br /> less than 400 sq ft. The home, while small, stays in one place as long as the campground <br /> 3 <br />