Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 90-139 - Trade and Consumer Protection
Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids
Subchapter VI - Dispensing of Motor Fuels
Section ATCP 93.640 - Watercraft, snowmobile and ATV fueling

Current through August 26, 2024

(1) GENERAL REQUIREMENTS.

(a) General. Use of aboveground storage tank systems and fueling operations for watercraft, snowmobiles, and ATVs shall comply with NFPA 30A chapter 11, the requirements for dispensing systems in s. ATCP 93.615, and the requirements of this section, except as otherwise approved under this chapter.

(b) Tank location.
1. Aboveground tanks located on land shall be set back at least 10 feet from the ordinary high water mark of a navigable body of water.

Note: The ordinary high water mark is determined by the county zoning department or the department of natural resources.

Note: The municipality in which the tank is located may have additional requirements for the siting of the tank.

2. Tanks shall follow the setback requirements of Table 93.615-A, except that there is no required separation between the tank and the dispenser if the tank is used exclusively for watercraft, snowmobile, or ATV fueling.

(c) Tank appurtenances.
1. Any dispenser used for a fueling operation above or within 100 feet of navigable water shall use a dry-break connection or a listed no-drip nozzle with automatic shutoff.

2. A nozzle latch-open device may not be installed or used above or within 100 feet of navigable water.

(d) Hose. Hose lengths more than 18 feet long, used for dispensing fuel, shall be reeled, racked, or otherwise protected from damage.

(2) PUBLIC ACCESS WATERCRAFT FUELING. All piping systems and tank systems that are installed on or after November 1, 2019, for watercraft beyond the scope of sub. (4) shall comply with PEI RP1000 and sub. (3).

Note: See s. ATCP 93.400(3) for requirements relating to secondary containment for any underground piping, including any transition between aboveground and underground piping.

(3) SEASONAL INSTALLATION OF A FUELING SYSTEM ON A PIER.

(a) Plan requirements. Before installing a fueling system on a pier, plans shall be submitted for review and shall specify the requirements of this subsection.

(b) Pipe and tank requirements.
1. All connections that are broken shall use dry-break couplings listed for use with petroleum products.

2. Broken connections shall be plugged during storage.

3. The tank vent shall be left open.

(c) Management plan.
1. The owner shall develop and maintain on-site a written plan for safely draining the tank and pipe system before disassembly.

2. The disassembly plan under subd. 1. shall also be submitted with the plans for a proposed system that are required under s. ATCP 93.100.

(4) RESIDENTIAL WATERCRAFT FUELING OPERATIONS.

(a) Aboveground tanks for watercraft fueling for noncommercial purposes at a private residence shall comply with the requirements for aboveground tanks in ss. ATCP 93.400 to 93.420, and this subsection.

(b) No more than 2 tanks are allowed at any residence.

(c) Tanks shall be listed and may not exceed 600 gallons in aggregate capacity.

(d) The tank shall be used only by the residents of the property for fueling their watercraft or for maintenance of their property.

(e)
1. The tank shall be located outdoors, on land, at least 25 feet from the dwelling and other important buildings, and at least 10 feet from the ordinary high water mark of a navigable waterway, public roadway, or property line.

2. All setbacks shall be measured from the inside of the dike wall to the dwelling, important building, ordinary high water mark, public roadway, or property line.

(f) A means shall be provided to prevent the discharge of liquid due to a siphoning effect. Gravity dispensing systems may not be used.

(g) Transfer of product shall be from a tank by means of an approved, fixed, fuel dispensing hand pump, or a listed, fixed, electrical pump.

(5) EMERGENCY FUELING FROM A TANK VEHICLE. Where fixed dispensing facilities are not available, dispensing of Class I or II liquids directly from a tank vehicle into permanently installed fuel tanks of self-propelled watercraft shall be permitted for emergency fueling, provided the operation is in accordance with the requirements for tank vehicles in s. ATCP 93.610(3).

(6) SNOWMOBILE AND ATV FUELING.

(a) General. Tank systems used for fueling snowmobiles or ATVs shall meet the requirements for dispensing systems in s. ATCP 93.615.

(b) Tank location. Tank systems adjacent to a body of water shall also follow the requirements for watercraft fueling.

(c) Collision protection.
1. Aboveground tank systems used for snowmobile and ATV fueling shall be provided with collision protection.

2. The collision protection shall be spaced no more than 30 inches on center.

3. If the fueling area is adjacent to vehicle traffic or a parking area, bollards or equivalent protection shall be placed to separate the snowmobile or ATV fueling area from motor vehicle traffic.

Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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