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Superintendent’s Compendium of Designations, Closures, Permit Requirements and Other Restrictions Imposed Under Discretionary Authority 2024 Under the National Park Service’s jurisdiction, Antietam National Battlefield establishes the regulations to properly manage, protect and govern the park’s public use. Title 54, United States Code, Subtitle I, Division A, Chapter 1001 authorizes these regulations in Title 36, Code of Federal Regulations, Chapter 1, Parts 1-7.The written determinations that Section 1.5(c) requires for the Superintendent’s discretionary authority appear in this document in italicized print. Table of ContentsIntroduction A. What is the Compendium? B. What laws and policies allow the Superintendent to develop this Compendium? C. Does this compendium comply with applicable Federal law and requirements? D. How are the requirements of the Superintendent’s Compendium developed? E. Where does the Compendium Apply? F. Who enforces this Compendium? G. Is there a penalty for not adhering to the requirements found in this Compendium? Regulations Part 1 - GENERAL PROVISIONS CLOSURES AND PUBLIC USE LIMITSAREAS DESIGNATED FOR A SPECIFIC USE OR ACTIVITYACTIVITIES THAT REQUIRE PERMITS Part 2 – GENERAL REGULATIONSPRESERVATION OF NATURAL, CULTURAL, AND ARCHEOLOGICAL RESOURCESWILDLIFE PROTECTIONCAMPINGPICNICKINGFIRESPETSHORSESSKATING, SKATEBOARDS, AND SIMILAR DEVICESSMOKINGPROPERTYRECREATION FEESPUBLIC ASSEMBLIES, MEETINGSPARKING Part 4 – VEHICLES AND TRAFFIC SAFETY SPEED LIMITS Part 1.5 FILMING AND PART 5.5 STILL PHOTOGRAPHY FILMING STILL PHOTOGRAPHY NATIONAL CEMETERY SECURITY CAMERA / CCTV POLICY STATEMENT IntroductionA. What is the Superintendent’s Compendium?The Antietam National Battlefield’s Superintendent’s Compendium summarizes park specific rules implemented under the Park Superintendent’s discretionary authority. It is public notice that gives the public a chance to comment, identifies areas closed for public use, provides a list of activities requiring either a special use permit or reservation, and elaborates on those public use and resource protection regulations regarding the specific administration of the park. It does not contain those regulations found in Title 36 Code of Federal Regulations (C.F.R.) and other United States Codes (U.S.C.) and C.F.R. Titles, which are enforced without further elaboration at the park level.36 C.F.R. Parts 1-7 regulations are the National Park Service’s (NPS) basic mechanism to preserve and protect the park’s natural and cultural resources and to protect visitors and property in the park. Parts 1 through 6 are general regulations applicable to all National Park System areas and Part 7 contains special regulations specific to individual parks. Each Part has many sections and subsections articulating specific provisions. Certain Part 1-7 sections and subsections grant the Superintendent discretionary authority to develop local rules responding to a specific park’s resource or activity, park plan, program, the general public’s special needs or a combination of these.This compendium should be used with 36 C.F.R. Sections 1-7 to understand more fully the regulations governing all National Park System areas’ use and enjoyment.Title 36 CFR and the Superintendent’s Compendium are available for review on the park website www.nps.gov/anti, the Superintendent’s office, Chief Ranger’s office, Visitor Center information desk or through a request to a park ranger. Additional information may be requested by writing or calling:SuperintendentAntietam National BattlefieldPO Box 158Sharpsburg, MD 21782-0158Phone: 301-432-7648 B. What laws and policies allow the Superintendent to develop this Compendium? 54 U.S.C. Subtitle I, Division A, Ch. 1001, § 100101(a) (National Park Service Organic Act of 1916, as amended) grants the NPS broad statutory authority to “... regulate the use of the National Park System by means and measures that conform to the fundamental purpose of the System units, which purpose is to conserve the scenery, natural and historic objects, and wildlife in the System units and to provide for the enjoyment of the scenery, natural and historic objects, and wildlife in such manner and by such means as will leave them unimpaired for the enjoyment of future generations.”In 1970, Congress amended the NPS Organic Act to clarify its intentions regarding the NPS’ overall mission. Through the General Authorities Act of 1970 (54 U.S.C. Subtitle I, Division A, Ch. 1001, § 100101 (b)(1), Congress brought all areas the NPS administered into one National Park System and directed the NPS to manage all areas under its administration consistent with the Organic Act of 1916. In 1978, Congress amended the General Authorities Act of 1970 and reasserted System wide the high standard of protection defined in the original Organic Act by stating “Congress reaffirms, declares, and directs that the promotion and regulation of the various System units shall be consistent with and founded in the purpose established by subsection (a), to the common benefit of all people of the United States.” 54 U.S.C. Subtitle I, Division A, Ch. 1005, § 100501 defines the National Park System as “... any areas of land and water administered by the Secretary, acting through the Director, for park, monument, historic, parkway, recreational, or other purposes.”36 C.F.R. § 1.7(b) requires the Superintendent to compile in writing all the designations, closures, permit requirements, and other restrictions imposed under discretionary authority. This compilation, called the Superintendent’s Compendium, will be updated annually and made available to the public upon request. Besides the above statutory authority, the Superintendent is also guided by established NPS policy found in the NPS Management Policies (2001). As this Compendium outlines, the NPS’ primary role is to protect and preserve our national natural and cultural resources while providing for the visitors’ enjoyment of these resources and other users, as long as use does not impair specific park resources or overall visitor experience. The appropriateness of any particular visitor use or recreational experience is resource-based and will vary from park to park; therefore, a use or activity that is appropriate in one park area may be inappropriate in another.Each Park Superintendent is directed to analyze overall park use and determine if any particular use is appropriate. Where conflict arises between use and resource protection, where the Superintendent has grounds to believe a resource is or would become impaired, then that Superintendent is obliged to place limitations on public use. C. Does this Compendium comply with applicable Federal law and requirements? The Superintendent’s Compendium is not considered a significant rule requiring an Office of Management and Budget review under Executive Order 12866. This Compendium complies with Title 54 United States Code and Title 36 Code of Federal Regulations, Chapter 1, Parts 1-7. D. How are the requirements of the Superintendent’s Compendium developed? As outlined above, the NPS has broad authority to determine what uses and activities are appropriate in any particular National Park System area.The Superintendent’s Compendium requirements are developed with an analysis and decision process for that particular NPS area. The decision criteria used during this process are
F. Who enforces the requirements of this Compendium?The regulations contained in this Compendium may be enforced by any commissioned employee of the National Park Service or sworn officer of the United States Park Police. At the Superintendent’s discretion, sworn law enforcement officers of partner agencies may also be granted authority to enforce these regulations. G. Is there a penalty for not adhering to the requirements found in this Compendium?A person who violates any regulations in Title 36 C.F.R. Parts 1-7 or this compendium is subject to a fine as provided by law (18 U.S.C. § 3571) up to $5,000 for individuals and $10,000 for organizations, or by imprisonment not exceeding six months (18 U.S.C. § 3559), or both, and will be adjudged to pay all court costs associated with any court proceedings. 36 C.F.R. Part 1 – General Provisions Visitor HoursThe visitor center is open from 9:00 a.m. until 5:00 p.m. daily. The visitor center is closed on Thanksgiving, Christmas, and New Year’s Day. Park buildings including Dunker Church, Observation Tower and restrooms at the Antietam National Cemetery will close at 5:00 p.m. All park areas including buildings, roads, and other public use facilities and areas are closed during night-time hours (30 minutes past sunset until 30 minutes before sunrise), except to those groups holding valid camping permits, special use permits, or volunteer event agreements. During closure periods, campers may occupy only the area designated in their permit, and are not to travel by foot, vehicle, horse, or any other method beyond permit designation. This includes all interpretive living history programs, which are limited also to shelter and restroom facilities. Local residents may use the following roads to access their residences: Dunker Church Road, Mansfield Avenue, and Cornfield Avenue. Determination of Closure/Limitations:The closures are necessary for public safety and to protect the park’s cultural, historical, and natural resources from damage, vandalism, and destruction during times when there may be limited personnel on duty.Closures:The following areas are closed to the public:
Recreational activities, such as kite flying, ball playing, sunbathing, rocket flying, sledding, and Frisbee playing are prohibited; except in the designated “Recreation Area” in the Rohrbach Campground.Determination of Closure/Limitations:Due to the significant historical events which took place on the battlefield, it was determined in the 1992 General Management Plan that recreational activities are inconsistent with the purpose for which it was established and is to be managed. Unmanned Aircraft: Launching, landing, or operating an unmanned aircraft from or on lands or waters administered by the National Park Service within the boundaries of Antietam National Battlefield is prohibited except as approved in writing by the superintendent.Definition: the term “unmanned aircraft” means a device that is used or intended to be used for flight in the air without the possibility of direct human intervention from within or on the device, and the associated operational elements and components that are required for the pilot or system operator to operate or control the device (such as cameras, sensors, communication links). This term includes all types or devices that meet this definition (e.g. model airplanes, quadcopters, drones) that are used for any purpose, including for recreation or commerce.Determination of Closure/Limitations:This closure is necessary to maintain public safety, protect the park’s wildlife, and to preserve the cultural resources of the park. Due to the significant historical events which took place on the battlefield, any less restrictive measures would interfere with visitors’ opportunity to understand the significance of the park and would be inconsistent with the purpose for which the park was established and is to be managed. Picnicking: The following areas are closed to picnicking:
Food and Beverages are prohibited in the visitor center lobby, theater, and museum.Determination of Closure/Limitations:The visitor center contains historic artifacts and paintings and it has been determined that damage from spilled food and beverages pose an unacceptable risk to the resources and visitor satisfaction with the facility. Alcoholic beverages are prohibited in the Rohrbach Campground.Determination of Closure/Limitations:The Rohrbach Campground is primarily used by scout groups and other youth groups and it has been determined that alcohol use in the area is inconsistent with the purpose for which the area was established. Launching, docking, or removing boats from the water of Antietam Creek within 500 feet of the historic Burnside Bridge is prohibited.Determination of Closure/Limitations:The Burnside Bridge serves as a historical landmark at Antietam National Battlefield and is susceptible to damage from soil erosion. It has been determined that the damage caused to vegetation along the Antietam Creek shoreline caused by the dragging of boats through the area would put the resource at risk and would be an intrusion on the historic setting of this area. Swimming within 500 feet of the Burnside Bridge is prohibited.Determination of Closure/Limitations:The Burnside Bridge serves as a historical landmark at Antietam National Battlefield and is susceptible to damage from soil erosion. It has been determined that the damage caused to vegetation along the Antietam Creek shoreline caused by people entering and leaving the creek would put the resource at risk and would be an intrusion on the historic setting of this area. Fishing is prohibited from any portion of or within 500 feet of the Burnside Bridge.Determination of Closure/Limitations:The Burnside Bridge is a heavily visited area of the park and in order to prevent injuries associated with the casting of hooks and weights it has been determined necessary to close the area to the activity for public safety. Additionally, the Burnside Bridge serves as a historical landmark at Antietam National Battlefield and fishing activities would be an intrusion on the historic setting of this area. Pets are prohibited within the Fulk House, Antietam National Cemetery, and Mumma Cemetery. Determination of Closure/Limitations:The Fulk House is used as group housing for volunteer and seasonal employees and in order to protect employees who may have allergies or related medical conditions triggered by exposure to pets and to protect furnishings it has been determined necessary to close the area to pets.Pets are prohibited in the park cemeteries to protect monuments and grave markers from damage.Electric powered mobility assistance devices (e.g. electric scooters, wheelchairs, Segway devices) for the purpose of transporting persons with disabilities are permitted on park walkways and trails.Reference: December 14, 2006 Memo from Director Bomar on “Use of Segways by Persons with Disabilities in the National Park System. Public Use Limits: Horseback riding along the shoulders of park tour roads is limited to groups of 5 or fewer.Determination of Closure/Limitations:Due to current tour road and shoulder width it is necessary to limit group sizes to prevent visitor use conflicts with vehicles and pedestrians using the tour road. Areas Designated for a Specific Use or Activity:(a)(2) The following areas have been designated for a specific use or activity, under the conditions and/or restrictions as noted: Bicycles and E-bikes:
Camping: The Rohrbach Campground is available to scouts and other organized youth groups for camping by reservation from March 1 – November 30. Horseback Riding in groups of five or fewer is permitted on the shoulders of park roads. Skating, skateboarding, and other similar activities: The use of roller skates, skateboards, Rollerblades, in-line skates, or similar devices is permitted on park tour roads. Use of these devices is prohibited on sidewalks, monuments, parking areas, and inside structures. 1.6 – Activities that Require Permits(f) The following is a compilation of those activities for which a permit from the Superintendent is required:
2.1 Preservation of natural, cultural, and archeological resources(a)(4) Dead wood on the ground may be collected for use as fuel for campfires within the park in the following area:
2.2 Wildlife Protection(d) The transportation of lawfully taken wildlife through the park is permitted under the following conditions and procedures:
2.13 Fires(a)(1)(2) The lighting or maintaining of fires is generally prohibited, except in the following designated areas under the conditions noted: Designated Areas:
2.21 Smoking(a) Smoking and vaping is prohibited in all park structures and during black powder demonstrations. 2.22 Property(a)(2) Leaving property unattended in the park is prohibited except for within the National Cemetery:
Annual Park Pass $35.00 Entrance fees are collected at the visitor center from 9:00 a.m. to 4:30 p.m. 2.51 Public Assemblies, Meetings and 2.52 Distribution of Printed Matter(c) Public assemblies and First Amendment activities and the sale or distribution of printed matter or free distribution of other message-bearing items in designated areas may be conducted by groups of more than 25 persons provided a special use permit has been issued; or by groups of 25 persons or fewer provided the conditions of § 2.51(b)(1) are met. The locations in Antietam National Battlefield designated as available for these activities are:
Roadside parking within the park is permissible when designated areas are full or when there is not a designated area in the vicinity. Roadside parking is not permitted within 6 feet of any fixed object including monuments, tablets, signs, buildings, intersections, etc., unless within a designated parking area. Vehicles must be parked paralel to the roadway, unless directed by park staff, and within 4 feet of adjacent roadway. Speed Limits§ 4.21 Speed LimitsThe following speed limits have been established by the superintendent for the roads indicated to provide for the safety of pedestrians, bicyclists, horseback riders, and other park visitors:
301-432-0306 x105 or email e-mail us. § 12.2 Purpose of National Cemeteries.National cemeteries are established as national shrines in tribute to the gallant dead who have served in the Armed Forces of the United States. Such areas are protected, managed and administered as suitable and dignified burial grounds and as significant cultural resources. As such, the authorization of activities that take place in national cemeteries is limited to those that are consistent with applicable legislation and that are compatible with maintaining the solemn commemorative and historic character of these areas.§ 2.15 Pets(a)(1) Possessing pets, to include horses, in the National Cemetery is prohibited.§ 12.10 Floral and Commemorative Events
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Last updated: June 11, 2024