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  2. Employment & Training
  3. Job Seeker
  4. MSFW
  5. Migrant Labor Camps

Migrant Labor Camps

A migrant labor camp is any site and structures maintained as living quarters for any migrant worker or any other person, who is not related or married to the employer, who travels to another location to accept seasonal agricultural employment as defined in Wis. Stat. § 103.90(3)(a). Per Wis. Stat. § 103.92(1), any person maintaining a migrant labor camp, including employers, business owners, and migrant labor contractors must apply for a certificate to operate.

  • All migrant labor camp operators must apply and pay application fee annually by April 1.
  • New camps must be certified 30 days prior to opening of the new camp.
Information Regarding Variances Issued in 2024 from Providing Fire Inspection Documentation

EFFECTIVE February 1, 2024

Certifying a Migrant Labor Camp

All migrant labor camps must be certified to operate in Wisconsin. Camp operators must:

  • Complete the Application for Permit to Operate a Migrant Labor Camp (DETM-4849-E). This form must be completed online.
  • Get housing inspected by local fire department.
    • No more than 6 months before occupancy date.
    • Must submit documentation from fire department with application.
  • Develop an isolation plan.
  • Pay an application fee.
  • Get well water tested no more than 3 months before occupancy date.
  • Submit permit application, $100 application fee, documentation from fire department, and water test results to DWD.
  • Pass inspection scheduled by migrant labor inspector and receive Migrant Labor Camp Certificate.

The Department will not schedule a migrant labor camp inspection until the above steps are completed. See Wis. Admin. DWD § 301.07(1)(c).

Please print and mail in the Migrant Labor Camp application and the application fee.

  • Application fee: $100

Mail application and the application fee to:

  • Department of Workforce Development
  • Migrant and Seasonal Farmworker Programs
  • Dane County Job Service
  • 1819 Aberg Avenue, Ste. C
  • Madison, WI 53704

Inspection from local fire department.

  • Must be conducted by the fire department providing fire protection for the migrant labor camp.
  • Fire department must inspect the camp no more than 6 months before the application is submitted.
  • Must provide documentation that the structures used for the migrant labor camp meet all local and state fire codes for the number of expected occupants.
  • Documentation must be submitted as part of the camp application. Sufficient documentation includes:
    • A form provided by the fire department that includes the fire department name, address of the camp, name of the inspector, date of the inspection, and confirmation that the structures used for the migrant labor camp meet all local and state fire codes for the number of expected occupants.
    • A template provided by DWD: https://dwd.wi.gov/jobservice/MSFW/forms.htm
  • Migrant labor camps unable to schedule a fire inspection:
    • If the migrant labor camp previously received a variance from this requirement, additionally information can be found here.
    • Migrant labor camp operator may apply for a may apply for a temporary variance from DWD 301.07(1)(ag)1.
      • Migrant labor camp must still meet all local and state fires codes.
      • The variance application must include the following information:
        • The efforts taken by the camp operator to work with the local fire department to schedule and conduct an inspection of the facility.
        • How the camp operator will ensure the migrant labor camp meets local and state fire codes.
    • Migrant labor camp operators camp operators may need to go through the Plan Review process with their local municipality or delegated municipality to determine if the migrant labor camp's facilities are appropriately classified so a fire inspection can be conducted.

Develop an isolation plan.

  • The details of the plan must be included as part of the in the Application for Permit to Operate a Migrant Labor Camp (DETM-4849-E).
  • The plan must include written procedures for the temporary isolation of sick or injured occupants, including procedures for ensuring that, when required, space is available for the temporary isolation, which may include rooms in hotels, motels, or tourist rooming houses that are licensed under s. ATCP 72.04.
  • Hotels, motels, or tourist rooming houses do not have to be reserved prior to the need for isolation.
  • Provide procedures for the isolation of sick or injured camp occupants including:
    • How is the camp occupant informed of the need to isolate?
    • How are other camp occupants informed of the situation and any safety procedures?
    • Who is notified within your business or organization of the need to isolate workers?
    • Who is responsible for notifying the Department of Health, if required?
    • Where will the workers who need to isolate be housed? You must include a specific location, for example "Hotel X on Hwy 12."

All well water must be tested.

  • A Certified State Lab report must be tested for nitrate and bacteria levels.
  • Test results must be conducted in the 3-month period before occupancy.
  • Test results must be emailed to MSFW@dwd.wisconsin.gov before the inspection date.

All Migrant Labor Camps must be inspected and meet all requirements of Wis Stats § 103.92 and Wis. Admin. Code § DWD 301.07 prior to certification.

Failure to provide the required information and application fee may result in processing delays.

Failure to pay court-ordered child or family support, delinquent taxes, or delinquent unemployment insurance contributions may result in denial of your migrant labor camp certificate. See Wis. Stat. § 103.92(3).

Contact information: MSFW@dwd.wisconsin.gov

Frequently Asked Questions

Expand All | Collapse All

Wis. Admin. § DWD 301.07(15)(c) says "Urinals of the approved type shall be provided in toilets to be used by 10 or more males in the ratio of one per 40 males or fraction thereof." On January 1, 2028, the ratio will change to one per 25 males.

The number of male workers using an individual bathroom is used to determine whether a urinal is required. . In making this determination, DWD looks at the occupancy of each unit or facility. If the bathroom is intended to be used by 10 or more males, then a urinal is required.

Examples:
  • An apartment building with five separate apartment units is certified as a migrant labor camp. Six male workers reside in each apartment and each apartment has one single-use bathroom. Camp occupancy is 30 male workers.
    • No urinal is required because the toilet facility/bathroom, in each apartment unit is only intended to be used by the occupants of that specific unit and the occupancy of the unit is only six, which is less than the 10 or more males ratio outlined in the rule.
  • A migrant labor camp has a two-story house that houses 16 males and has two single-use bathrooms.
    • Because both bathrooms will be used by all 16 males, the urinal requirement would apply.
      • Camp operator needs to come into compliance or submit a variance request.

Wis. Admin. § DWD 301.07(7) allows DWD to grant camp operators a variance from a particular provision in DWD 301.07: Migrant Labor Camps. The variance allows the migrant labor camp to be certified and operate as a migrant labor camp, even though it does not meet the specific requirement listed in the variance.

Additionally, DWD 301.09(7) allows DWD to grant a variance from a particular provision under DWD 301.09: Field sanitation standards. A variance can only be granted is the applicant provides an equivalency that meets the intent of the provision.

A camp operator must submit a request in writing to DWD through the online form: DETM-5942-E Petition for Variance Application.

The variance application from migrant labor camp requirements must demonstrate to DWD that the variance is necessary in obtaining a beneficial use of an existing facility and preventing a practical difficulty or unnecessary hardship.

If the camp operator is applying for a permanent variance, the application must also include a description of the appropriate alternative measures taken that protect the health and safety of the occupants and serve the purpose of the provisions from which variance is sought.

A variance application from field sanitation standards must include how an equivalency that meets the intent of the provision will be provided. An equivalency is when appropriate alternative measures have been taken to protect the health and safety of workers and to assure that the purpose of the provision from which the variance is sought will be accomplished.

The camp operator must receive a response in writing from DWD before the variance can take effect.

A variance can be granted to a camp operator either temporary or permanently.

A temporary variance can be granted up to March 31 of the following year. In most cases, the temporary variance allows the camp operator time to come into compliance with the provision that they are currently unable to meet.

A migrant labor camp may request a temporary variance more than one year in a row in a situation where they may need additional time to comply.

A permanent variance can be granted to a migrant labor camp that allows the camp operator to not meet a specific provision permanently or until the facility undergoes new construction.

A permanent variance requires that the camp operator take other measure to ensure the health and safety of the occupants, and the needs of the occupants are still being met.

Need an Alternate Format?

If you have comments regarding any documents on DET's website or need an alternate format, you may contact us via email at: detweb@dwd.wisconsin.gov