29.193 Approvals for disabled persons.

2,253 words·~10 min read·/wi/chapter-29/29-193-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1b)Definition. In this section, “nongovernmental issuing agent” means a person who is appointed under s. 29.024

(a)3.

(1m)Trolling permits.

(a)The department shall, after an investigation and without charging a fee, issue a trolling permit to any person who meets any of the following requirements:

1. Has an amputation or other loss of one or more arms above the wrist.

2. Has a permanent substantial loss of function in one or both arms or one or both hands and fails to meet the minimum standards of any one of the following standard tests, administered under the direction of a licensed physician, a licensed physician assistant, a licensed chiropractor, or a licensed advanced practice registered nurse:

Effective date note NOTE: Subd. 2. (intro.) is shown as amended eff. 9-1-26 by 2025 Wis. Act 17 . Prior to 9-1-26 it reads:

Effective date text 2. Has a permanent substantial loss of function in one or both arms or one or both hands and fails to meet the minimum standards of any one of the following standard tests, administered under the direction of a licensed physician, a licensed physician assistant, a licensed chiropractor, or a certified advanced practice nurse prescriber:

a. Upper extremity pinch.

b. Grip.

c. Nine-hole peg.

3. Produces a certificate from a licensed physician or optometrist stating that his or her sight is impaired to the degree that he or she cannot read ordinary newspaper print with or without corrective glasses.

(b)A disabled person who holds a current fishing license issued under this chapter or who is exempt from holding a fishing license under this chapter and who holds either a trolling permit issued under par.

(a)or a Class A permit issued under sub.

(2)may fish or troll in the waters of this state using an electric motor. A person who assists the disabled person in the same boat may also fish or troll if he or she also holds a current fishing license or is exempt from holding a license. A person may use an electric motor under this subsection notwithstanding any ordinances enacted under s. 30.77

(3)that prohibit the use of motor boats on navigable waters. The use of such motor is subject to any rules promulgated by the department regarding the use of electric motors for fishing or trolling by disabled persons.

(2)Hunting permits.

(a)Definitions. As used in this subsection:

1. “Accompanied” means being subject to continuous visual or voice contact without the aid of any mechanical or electronic amplifying device other than a hearing aid.

5. “Visually handicapped” means blind, as defined in s. 47.01

(1).

(b)Issuance of permit.

1. The department shall, after investigation and without charging a fee, except for the costs of review in par.

(e), issue a Class A, Class B, Class C, or Class D permit to any person, as provided in this subsection.

2. An applicant shall submit an application on a form prepared and furnished by the department, which shall include a written statement or report prepared and signed by a licensed physician, a licensed physician assistant, a licensed chiropractor, a licensed podiatrist, or a licensed advanced practice registered nurse prepared no more than 6 months preceding the application and verifying that the applicant is physically disabled.

Effective date note NOTE: Subd. 2. is shown as amended eff. 9-1-26 by 2025 Wis. Act 17 . Prior to 9-1-26 it reads:

Effective date text 2. An applicant shall submit an application on a form prepared and furnished by the department, which shall include a written statement or report prepared and signed by a licensed physician, a licensed physician assistant, a licensed chiropractor, a licensed podiatrist, or a certified advanced practice nurse prescriber prepared no more than 6 months preceding the application and verifying that the applicant is physically disabled.

3. As part of the application for a Class A, Class B, or Class D permit under this subsection, the applicant shall authorize the department by written release to examine all medical records regarding the applicant’s physical disability.

(c)Eligibility.

1. The department shall issue a Class A permit under this subsection to an applicant who is permanently disabled, as determined by the department, in any of the following ways:

a. Has a permanent or irreversible physical disability, is unable to ambulate and requires a wheelchair, walker, one leg brace or external prosthesis above the knee, 2 leg braces or external prostheses below the knees, 2 crutches or 2 canes for mobility.

b. Suffers significantly from lung disease, to the extent that forced expiratory volume for one second when measured by spirometry is less than one liter or the arterial oxygen tension is less than 60 millimeters of mercury on room air at rest.

c. Suffers significantly from cardiovascular disease, to the extent that functional limitations are classified in severity as class 3 or 4, according to standards accepted by the American heart association on May 3, 1988, and where ordinary physical activity causes discomfort, fatigue, palpitation, dyspnea or anginal pain.

2. The department shall issue a Class B permit under this subsection to an applicant who has a temporary disability which restricts mobility or ambulation due to injury or operative procedures and who either has a leg, hip or back, or any part thereof, casted by a licensed physician due to a fracture or has leg, hip or back surgery.

2m. The department may issue a Class B permit under this subsection to an applicant who has a temporary disability which restricts mobility or ambulation due to illness, injury or operative procedures.

3. The department may issue a Class B permit to an applicant who is ineligible for a permit under subd. 1. , 2. or 2m. or who is denied a permit under subd. 1. , 2. or 2m. if, upon review and after considering the physical condition of the applicant and the recommendation of a licensed physician, a licensed physician assistant, a licensed chiropractor, a licensed podiatrist, or a licensed advanced practice registered nurse selected by the applicant from a list of licensed physicians, licensed physician assistants, licensed chiropractors, licensed podiatrists, and licensed advanced practice registered nurses compiled by the department, the department finds that issuance of a permit complies with the intent of this subsection.

The use of this review procedure is discretionary with the department and all costs of the review procedure shall be paid by the applicant.

Effective date note NOTE: Subd. 3. is shown as amended eff. 9-1-26 by 2025 Wis. Act 17 . Prior to 9-1-26 it reads:

Effective date text 3. The department may issue a Class B permit to an applicant who is ineligible for a permit under subd. 1., 2. or 2m. or who is denied a permit under subd. 1., 2. or 2m. if, upon review and after considering the physical condition of the applicant and the recommendation of a licensed physician, a licensed physician assistant, a licensed chiropractor, a licensed podiatrist, or a certified advanced practice nurse prescriber selected by the applicant from a list of licensed physicians, licensed physician assistants, licensed chiropractors, licensed podiatrists, and certified advanced practice nurse prescribers compiled by the department, the department finds that issuance of a permit complies with the intent of this subsection.

The use of this review procedure is discretionary with the department and all costs of the review procedure shall be paid by the applicant.

4. The department shall issue a Class C permit to any person who is visually handicapped.

5. The department shall issue a Class D permit to any person who meets the requirements under par.

(cd).

(cd)Class D permit requirements.

1. A person is eligible for a Class D permit if he or she meets the requirements specified in subds. 2. and 3.

2. A person meets the requirements of this subdivision if any of the following applies:

a. The person has an amputation or other loss of one or more arms at or above the elbow.

b. The person has a permanent substantial loss of function in one or both arms and fails to meet the minimum standards of the standard upper extremity pinch test, the standard grip test, or the standard nine-hole peg test, administered under the direction of a licensed physician, a licensed physician assistant, a licensed chiropractor, or a licensed advanced practice registered nurse.

Effective date note NOTE: Subd. 2. b. is shown as amended eff. 9-1-26 by 2025 Wis. Act 17 . Prior to 9-1-26 it reads:

Effective date text 2. b. The person has a permanent substantial loss of function in one or both arms and fails to meet the minimum standards of the standard upper extremity pinch test, the standard grip test, or the standard nine-hole peg test, administered under the direction of a licensed physician, a licensed physician assistant, a licensed chiropractor, or a certified advanced practice nurse prescriber.

c. The person has a permanent substantial loss of function in one or both shoulders and fails to meet the minimum standards of the standard shoulder strength test, administered under the direction of a licensed physician, a licensed physician assistant, a licensed chiropractor, or a licensed advanced practice registered nurse.

Effective date note NOTE: Subd. 2. c. is shown as amended eff. 9-1-26 by 2025 Wis. Act 17 . Prior to 9-1-26 it reads:

Effective date text 2. c. The person has a permanent substantial loss of function in one or both shoulders and fails to meet the minimum standards of the standard shoulder strength test, administered under the direction of a licensed physician, a licensed physician assistant, a licensed chiropractor, or a certified advanced practice nurse prescriber.

3. A person meets the requirements of this subdivision if any of the following applies:

a. The person is unable to place his or her nondominant hand or prosthesis in a position that is level with his or her shoulders and at a minimum distance of 27 inches from his or her body or is unable to hold a 5-pound weight for 10 seconds when that person’s nondominant hand or prosthesis is in that position.

b. The person is unable to place his or her dominant hand or prosthesis in a position that is level with his or her shoulders at a minimum distance of 11 inches from his or her body.

(cg)Approval required. In order to hunt, fish or troll after receiving a permit under this section, the permit holder must apply for and be issued, or must already hold, any type of approval required under this chapter for the type of hunting or fishing that he or she will be doing.

(cr)Authorization.

1. A person holding a current resident or nonresident deer hunting license and a Class A or Class C permit may hunt deer of either sex during any season open to hunting of deer with firearms that is established by the department.

2. A Class A permit authorizes the holder to do all of the following:

a. Shoot or hunt from a stationary vehicle.

b. Fish or troll as authorized under sub.

(b).

3. A Class B permit authorizes the holder to use any of the hunting or fishing methods authorized in this chapter for a holder of a Class A permit that are specifically approved by the department for that Class B permit holder upon issuance or subsequent modification of the Class B permit.

4. A person holding a current resident or nonresident deer hunting license and a Class D permit may hunt deer of either sex with a firearm or airgun only during a special season established by the department that is open for hunting deer with firearms by disabled persons who hold a permit under this section.

(d)Assistance.

1. A holder of a Class A or Class B permit may be accompanied by a person who is not eligible to apply for a Class A or Class B permit. The accompanying person may not hunt or carry a firearm, airgun, bow, or crossbow unless that person has been issued the appropriate approval to do so. The assistance rendered by an accompanying person who has not been issued the appropriate approval is limited to field dressing, tagging, and retrieving game for the permit holder.

2. A holder of a Class C permit shall be accompanied by a person who is not eligible to apply for a permit under this section. The accompanying person may not hunt or carry a firearm, airgun, bow, or crossbow unless the person has been issued the appropriate approval to do so. The assistance rendered by an accompanying person may include sighting the firearm, airgun, bow, or crossbow, identifying the game, and field dressing, tagging, and retrieving game for the permit holder.

3. A holder of a Class D permit may use an adaptive device, as authorized by the department by rule, to facilitate the use of a firearm or an airgun and may be accompanied by a person who is not eligible to apply for a permit under this section. The accompanying person may not hunt or carry a firearm, airgun, bow, or crossbow unless that person has been issued the appropriate approval to do so. The assistance rendered by an accompanying person who has not been issued the appropriate approval is limited to field dressing, tagging, and retrieving game for the permit holder and any other assistance authorized by the department by rule.