Superintendent compendiums supplement Title 36 of the Code of Federal Regulations (36 CFR) and other US Code and CFR Titles that apply to areas managed by the National Park Service with park-specific regulations related to park management, such as visiting hours, closures, permits, and visitor-use activities. The current Superintendent's compendium for Boston National Historical Park was signed by Superintendent Creasey on November 16, 2022, and will remain in effect until amended or supplemented by the Superintendent. In accordance with regulations and the delegated authority provided in Title 36, Code of Federal Regulations ("36 CFR"), Chapter 1, Parts 1-7, authorized by Title 16 United States Code, Section 3, the following provisions apply to all lands and waters administered by the National Park Service, within the boundaries of Boston National Historical Park and Boston African American National Historic Site. Unless otherwise stated, these regulatory provisions apply in addition to the requirements contained in 36 CFR, Chapter 1, Parts 1-7. 36 CFR §1.5 - Visiting Hours, Public Use Limits, Closures, and Area Designations for Specific Use or Activities**Due to COVID-19, please visit the Park website for the most updated information regarding operating hours.** www.nps.gov/bost (a)(1) The following visiting hours, public use limits, and closures are established:Visiting Hours
Boston Harbor Islands
Reason for Determination These visiting hours were determined based on historical visitor use patterns and public funding authorized and available to staff park sites. Visiting hours are established to allow access to park sites while providing for visitor safety and resource protection. These visiting hours are determined to be in the best interests of the park and are necessary for the proper management of the park. Public Use LimitsCOVID-19 Mask Requirement:When the COVID-19 Community Level is LOW or MEDIUM in the county or all the counties where the park is located based on data provided by the Centers for Disease Control and Prevention (CDC), individuals are not required to wear masks. When the COVID-19 Community Level is HIGH in the county or all the counties where the park is located based on data provided by the CDC, all individuals over the age of two must wear masks, regardless of vaccination status, in all common areas and shared workspaces in buildings owned, leased, or otherwise controlled by the National Park Service, including, but not limited to, park visitor centers, administrative offices, lodges, gift shops and restaurants. When the COVID-19 Community Level is HIGH in one or more, but not all, of the counties where the park is located based on data provided by the CDC, the superintendent will determine whether individuals are required to wear masks. The requirement, if any, will apply to all facilities within the park. Masks must cover the nose and mouth and fit snugly around the nose and chin with no large gaps around the sides of the face. Masks not designed to be protective, masks with ventilation valves, and face shields do not meet the requirement. Regardless of the COVID-19 Community Level, individuals may wear masks if they choose to do so. Where a state, local, tribal, or territorial government where the park is located imposes more protective mask-wearing requirements than those indicated by the COVID-19 Community Level, individuals must follow those more protective requirements within the park. More protective state, local, tribal, or territorial mask-wearing requirements are hereby adopted as federal requirements in all units of the National Park System located within that state, locality, area subject to a federally recognized Indian tribe's regulatory jurisdiction, or territory, regardless of a particular park's jurisdictional status. Additionally, all individuals must wear masks in or on public transportation conveyances and transportation hubs/facilities, to the extent required by current orders or directives issued by the CDC, the Transportation Security Administration (TSA), or other federal agencies with jurisdiction over those conveyances or areas. As of March 4, 2022, CDC and TSA orders or directives require all individuals regardless of vaccination status to wear masks in indoor areas of all forms of public transportation conveyances, including busses, trains, and boats/ferries, and in the indoor premises of transportation hubs/facilities. Individuals are not required to wear masks while outdoors on conveyances or while outdoors on the premises of transportation hubs/facilities. Winter Activities
Reason for Determination Bunker Hill and Dorchester have steep hills with no run-off areas and steep drop offs onto sidewalks. Serious visitor injuries have resulted from sledding accidents. Man-made snow piles contain hard packed ice and snow and are the result of snow removal from roads and walkways. Hidden objects may be concealed within man-made snow piles and run-off areas end on hard asphalt or concrete areas. Audio/Noise Disturbances
Reason for Determination The park is located within the City of Boston where a noise ordinance is established. The park is also located within residential neighborhoods and has residents within the park that may be impacted by excessive noise. Picnicking
Reason for Determination Picnicking inside of buildings open to the general public obstructs walkways and promotes insect and rodent infestations. Fishing
Reason for Determination Fishing hours are limited due to visitor use patterns during daylight hours and safety concerns associated with hook and line fishing in densely populated areas. Camping
Reason for Determination The park is located in a densely populated urban area within the city limits of Boston. The park has no facilities or areas to support camping activities. Swimming, etc
Reason for Determination The park has limited water area, all of which is near piers that present significant safety hazards and large daily tidal influence and currents that could sweep swimmers into pier areas. Piers have steep drop offs and there are no beaches or stairs that extend to water areas. Photography at Building 292, Security Screening Facility
Reason for Determination Photographs of the security screening facility or screening process create an unacceptable level of risk for the USS Constitution and US Navy personnel. Unmanned Aircraft
Reason for Determination The park is located in a densely populated urban area within the city limits of Boston. Due to the dense urban environment serious visitor injuries or significant damage to cultural resources could result from the use of unmanned aircraft. The park is the home to the USS Constitution, an active duty US Navy ship. Unmanned aircraft pose increased security concerns for the safety of the ship and her active duty US Navy crew. Vehicle Use within the Park
Exceptions include individuals providing services (e.g. phone company, gas company), legislative cooperators, legally placarded handicap vehicles, authorized official use vehicles and invited guests of the National Park Service, USS Constitution Museum, and US Navy, and by permit or written permission of the Superintendent.
Electric Personal Assistive Mobility Devises (EPAMD)Segways and other brands of EPAMD are considered motor vehicles as defined under 36 C.F.R. § 1.4. Therefore, pursuant to 36 CFR §§ 1.5(a) & 4.10(a) the Park will not allow the recreational use of Segways and other EPAMD within the park including on sidewalks, lawns or in buildings. Use by NPS or City of Boston emergency or law enforcement personnel is permitted. However, disabled visitors are permitted to use Segways or other EPAMD in the park on sidewalks, paths and on the ground floor (or floors reached by an elevator) of park buildings when such devices are used for the sole purpose of mobility assistance. Visitors who do not have substantial mobility limitations, as defined below, are not allowed to use Segways or EPAMD in the park. The use of Electric Personal Assistive Mobility Devices must adhere to the following:
Reason for Determination This restriction was based on the determination that emissions from idling engines negatively impact the health of park visitors, staff, and neighbors. Additionally, the noise and fumes from idling engines negatively impact visitor experiences at the park. Filming (Video)The following types of filming activities may occur in areas open to the public without a permit and without advance notice to the NPS:
The organizer of any other type of filming activity must provide written notice to the Superintendent at least 10 days prior to the start of the proposed activity. Based upon the information provided, the Superintendent may require the organizer to apply for and obtain a permit if necessary to:
If the Superintendent determines that the terms and conditions of a permit could not mitigate the concerns identified above in an acceptable manner, the Superintendent may deny a filming request without issuing a permit. Processing times will vary depending on the complexity of the proposed activity. If the organizer provides the required 10 day advance notice to the NPS and has not received a written response from the NPS that a permit is required prior to the first day of production, the proposed filming activities may occur without a permit. The following are prohibited:
Coverage of breaking news never requires a permit, but is subject to the imposition of restrictions and conditions necessary to protect park resources and public health and safety, and to prevent derogation of park values. ClosuresAll NPS owned grounds and waters within the established boundaries of Boston National Historical Park and Boston African American National Historic Site are open to the public on a 24-hour per day basis except as listed below: Reference Map B. The following areas are closed to all public access:
NOTES
Reason for Determination These closures were determined as necessary to ensure the safety and security of park visitors, staff, and resources. (a)(2) The following areas have been designated for a specific use or activity, under the conditions and/or restrictions as noted:
36 CFR §1.6 - Activities that Require a PermitActivities requiring a permit are listed above under Public Use Limits and throughout this document under the specific 36 CFR Section that authorizes or requires the issuance of a permit.
The National Park Service will also terminate any current activity subsequent to finding that any of the above conditions exist. 36 CFR §2.3 - Fishing(a) Fishing shall be in accordance with the laws and regulations of the Commonwealth of Massachusetts.Fishing is only allowed in the areas and at the times identified under § 1.5 Public Use Limits of this document. 36 CFR §2.4 - Weapons, Traps, and NetsVisitors may possess firearms within a national park unit provided they comply with federal, state, and local laws. The role of the responsible gun owner is to know and obey the federal, state, and local laws appropriate to the park they are visiting. Federal law prohibits firearms in certain park facilities and buildings. These places are marked with signs at public entrances. Firearms are not permitted within the restricted security area in Charlestown Navy Yard. (a)(2)(iii) Employees living in Government housing may only possess weapons (within their residence) with the concurrence of the Superintendent. All weapons must be declared as to the type make, model, and caliber, if applicable. Such possession must also be in accordance with federal, state, and local laws.36 CFR §2.5 - Research Specimens(a) Taking plants, fish, wildlife, rocks, or minerals is prohibited except in accordance with other regulations of Chapter 1 of 36 CFR or pursuant to the terms and conditions of a specimen collection permit.36 CFR §2.10 - Camping and Food Storage(a) The following conditions have been established for camping:
36 CFR §2.11 - PicnickingPursuant to and listed in 36 CFR § 1.5 of this document, picnicking is prohibited in all historic buildings.
36 CFR 2.13 - Fires(a)(1) The lighting or maintaining of fires is generally prohibited, except as provided for in the following designated areas and/or receptacles, and under the conditions noted:Designated Areas:
36 CFR §2.15 - Pets(a)(1) The following structures and/or areas are closed to the possession of pets:
Limitations on the Use of Service AnimalsBunker Hill Monument, USS Cassin Young Vessel With respect to closing areas to the use of service animals under 36 CFR 1.5(a), the NPS will construe 36 CFR 1.5(a) so as to be consistent with section 504. The NPS is not required to modify policies, practices, or procedures to accommodate service animals if such modifications would “fundamentally alter” the nature of the goods, services, programs, or activities provided to the public. Additionally, the NPS may impose legitimate requirements necessary for the safe operation of its services, programs, or activities. Therefore, a park may prohibit service animals in an area closed to pets if (1) allowing them would require a fundamental alteration to the nature of the goods, services, programs, or activities provided to the public in the area, or (2) the presence of a service animal would jeopardize the safe operation of its services, programs, or activities. (a)(5) Pet excrement must be disposed of in accordance with the following conditions:
(e) Pets may be kept by park residents under the following conditions:
36 CFR §2.17 - Aircraft & Air Deliveries(a)(1) Operating or using aircraft on lands or waters is prohibited.(a)(3) Delivering or retrieving a person or object by parachute, helicopter, or other airborne means, except in emergencies involving public safety or serious property loss is prohibited.36 CFR §2.18 - Snowmobiles(c) The use of snowmobiles is prohibited.36 CFR §2.20 - Skating, Skateboards, and Similar DevicesThe use of roller skates, skateboards, roller blades, coasting vehicles, or similar devices are allowed only in the following areas:
36 CFR §2.21 - Smoking(a) The following portions of the park, or all or portions of buildings, structures or facilities are closed to smoking and the use of ENDS (electronic nicotine device systems) as noted:
This designation is based on Executive Order 13058, published in the August 13, 1997 Federal Register. It is also designed to protect park resources and reduce the risk of fire. 36 CFR §2.22 - Property(b)(1) & (2) Leaving property unattended, for ANY period of time, within the park boundary is prohibited.Property left unattended in violation of this condition may be considered dangerous or threatening to park resources and impounded for inspection. Such an inspection may be destructive. 36 CFR §2.35 - Alcoholic Beverages and Controlled Substances(a)(3)(i) The following public use areas, portions of public use areas, and public facilities within the park are closed to consumption of alcoholic beverages, and to the possession of a bottle, can, or other receptacle containing an alcoholic beverage that is open, or has been opened, or whose seal has been broken or the contents of which have been partially removed:
Reason for Determination The park is closed to alcohol consumption because such activity is inappropriate considering the other uses of the park and the purpose for which the park was established and is maintained. 36 CFR §2.37 - Noncommercial SolicitingSoliciting or demanding gifts, money, goods or services is prohibited except pursuant to the terms and conditions or a permit that has been issued under §2.50, §2.51, or §2.52. 36 CFR § 2.50 - Special EventsA permit is required to hold a special event within the boundaries of Boston National Historical Park and Boston African American National Historic Site. Special events, such as sporting events, pageants, regattas, public spectator attractions, entertainment, ceremonies, and large encampments, may be authorized under permit by the Superintendent subject to the same criteria as other special park uses provided that there is a meaningful association between the park and the event, and the event contributes to visitor understanding of the significance of the park. The National Park Service will not permit the staging of special events that are conducted primarily for the material or financial benefit of participants, that involve commercialization, advertising, or publicity by participants, or for which a separate public admission fee is to be charged, unless the event is directly related to the purposes for which a park was established. Additional guidance and procedures are found in the Special Park Uses Guideline and in 36 CFR § 2.50. Further, the Superintendent will consider the following:
The primary concern of the Superintendent is the effect of the proposed event on the cultural and natural resources and the impact on normal visitor operations and the visitor experience. It may be possible to accommodate events at certain locations only before or after the public hours of the building. It may also be necessary to limit the size and/or duration of the proposed event to a small number of participants/observers or a shorter length of time in order not to interfere with public use or threaten the historical or natural resources of the park. Conditions for the Denial of a Permit ApplicationSports events, pageants, regattas, public spectator attractions, entertainments, ceremonies, and similar events are allowed: provided however, there is a meaningful association between the park area and the events, and the observance contributes to visitor understanding of the significance of the park area, and a permit therefore has been issued by the Superintendent. A permit shall be denied if such activities would: (1) Cause injury or damage to park resources; or Boston National Historical Park and Boston African American National Historic Site PolicyBoston National Historical Park and Boston African American National Historic Site are located in a dense urban setting in the City of Boston. Open space in the park is at a premium, and the park must manage use of the space equitably among the competing needs of the nearly 5 million visitors and a large number of people who utilize the park for special events, filming and photography, and for public assemblies. For this reason, private invitation-only events staged on public space in the park are restricted to only those events sponsored by the park, a park partner, or a government agency (City, State or Federal) and with approval of the Superintendent of Boston National Historical Park. 36 CFR § 2.51 - DemonstrationsBoston National Historical Park and Boston African American National Historic Site will accommodate the use of park land for activities protected under the First Amendment of the United States Constitution. Demonstrations include picketing, speechmaking, marching, holding vigils or religious services, and all other like forms of conduct which involve the communication or expression of views or grievances, engaged in by one or more persons, the conduct of which is reasonably likely to draw a crowd of onlookers. To ensure public safety and the protection of park resources and values, and to avoid assigning the same location and time to two or more activities, for groups larger than 25 persons, the park will issue permits that specify/organize the time, location, number of participants, use of the facilities, and number and type of equipment used, but not the content of the message presented. The Superintendent shall, within ten days, issue a permit upon proper application. No public assembly permit shall be issued for a period in excess of 14 consecutive days, provided that permits may be extended for like periods upon a new application, unless another applicant has requested use of the same location and multiple occupancy at that location is not reasonably possible. The use of message bearing signs may be used in conjunction with public assemblies, vigils, rallies, demonstrations, religious activities and other forms of public expression provided that a Special Use Permit has been issued and approved by the park Superintendent, unless group is less than 25 persons and is in a designated First Amendment area. All such signs are to be attended at all times. “Attended” is defined as an individual being on-site either holding or immediately next to his or her sign. Signs are not permitted in public buildings. Any use of Amplified sound requires approval in permit per 36 CFR 2.12(a)(4). Demonstrations involving 25 persons or fewer may be held without a permit provided that the other conditions required for the issuance of a permit are met and provided further that the group is not merely an extension of another group already availing itself of the 25-person maximum under this provision or will not unreasonably interfere with other demonstrations or special events. Individuals and small groups who take advantage of the permit exception may make use of hand-carried signs, but not stages, platforms, or structures (including tables). While it is not mandatory, the organizer is requested to provide reasonable notice of the proposed event to the park superintendent, including whether there is any reason to believe that there may be an attempt to disrupt, protest, or prevent the activity. (c)(2) The following park areas are designated as areas for public assemblies:
Assembling or distributing printed material within 20 feet of a building entrance or exit is prohibited. Visitors must be allowed unimpeded entry and exit of buildings for safety reasons. Assembling or distributing printed material within 12 feet of a crosswalk is prohibited. Blocking crosswalks impedes the flow of pedestrian traffic and creates safety concerns. 36 CFR §2.52 - Sale or Distribution of Printed MatterThe sale or distribution of printed matter in connection with a public assembly is allowed, subject to a permit for groups over 25 people, and subject to the regulations listed above regarding public assemblies. Printed matter is defined as message-bearing textual printed material such as books, pamphlets, magazines, and leaflets, provided that it is not solely commercial advertising, whose primary purpose is the advocacy, definition, or explanation of a group's or individual's political, religious, scientific or moral beliefs. Message-bearing merchandise such as t-shirts, posters, patches, hats, flags, records, compact disks and tapes, photographs, mugs and decals may not be sold. The sale or distribution of printed matter involving 25 persons or fewer may be engaged in without a permit provided that the other conditions required for the issuance of a permit are met and providing the activity will not unreasonably interfere with other demonstrations or special events. (b) The sale or distribution of printed matter by 25 people or less is allowed within the park areas designated as available under §2.51(c)(2) (see above). The sale or distribution of printed matter by more than 25 persons is allowed within designated park areas when the Superintendent has issued a permit.36 CFR §2.62 - Memorialization(a) The installation of a monument, memorial, tablet, structure, or other commemorative installation in a park area without the authorization of the Director is prohibited.(b) The scattering of human ashes from cremation is prohibited, except pursuant to the terms and conditions of a permit, or in designated areas according to conditions which may be established by the Superintendent.
36 CFR §3.3 - Vessel PermitsPermits are required for the use of a vessel pursuant to §1.5(d). See §1.5(d) of this document for details. 36 CFR §3.7- Personal Floatation Device (PFD) RequirementsPFDs must be worn or carried on the designated waters, at the designated times and/or during designated water based activities outlined in §1.5 of this document. 36 CFR §3.16 - Swimming and WadingSwimming or wading is prohibited in all park waters pursuant to §1.5 of this document. 36 CFR §3.18 - Scuba and Snorkeling(a) Snorkeling and underwater diving is prohibited in all park waters pursuant to §1.5 of this document.36 CFR §3.19 - Use of SubmersiblesThe use of manned or unmanned submersibles may only occur in accordance with a permit issued by the superintendent. 36 CFR §4.21 - Speed LimitsAll roads within Boston National Historical Park that have City of Boston posted or regulated speed limits, and limited federal ownership along the roadway, will retain the City of Boston posted or regulated speed limit.
(a)(1) The maximum speed limit on all roads and paved areas within the gated area (areas closed to public motor vehicle traffic) is 15 MPH.
36 CFR §4.30 - Bicycles
36 CFR §4.30(i) E-BikesThe term "e-bike" means a two- or three-wheeled cycle with fully operable pedals and an electric motor of less than 750 watts (1 hp). E-bikes are allowed in the National Parks of Boston where traditional bicycles are allowed. E-bikes are prohibited where traditional bicycles are prohibited. Except where use of motor vehicles by the public is allowed, using the electric motor to move an e-bike without pedaling is prohibited. A person operating an e-bike is subject to the following sections of 36 CFR part 4 that apply to the use of traditional bicycles: sections 4.12, 4.13, 4.20, 4.21, 4.22, 4.23, and 4.30(h)(2)-(5). Except as specified in this Compendium, the use of an e-bike within the National Parks of Boston is governed by State law, which is adopted and made a part of this Compendium.
Reason for Determination The above mentioned streets are used for administrative traffic and public visitation pedestrian and bicycle use. No through streets exist on the above mentioned streets. There is no available public parking in Charlestown Navy Yard due to both space and security concerns. All administratively authorized vehicles entering the Charlestown Navy Yard are subject to security sweeps and inspections. 36 CFR §5.1 - AdvertisementsCommercial notices or advertisements shall not be displayed, posted, or distributed on federally owned or controlled lands within a park area unless prior written permission has been given by the Superintendent. Such permission may be granted only if the notice or advertisement is of goods, services, or facilities available within the park area and such notices and advertisements are found by the Superintendent to be desirable and necessary for the convenience and guidance of the public. 36 CFR §5.3 - Business OperationsEngaging in or soliciting any business is prohibited except as permitted by a Commercial Use Authorization, contract, or other written agreement with the NPS. 36 CFR §5.5 - Commercial Filming & Photography(a) Before any motion picture may be filmed or any television production or sound track may be made by any person other than bona fide newsreel or news television personnel, written permission must first be obtained from the Superintendent.(b) Under P.L. 106-206 all commercial filming requires a permit and is subject to a location fee and cost recovery. Commercial filming is defined as digital or film recording of a visual image or sound recording by a person, business, or other entity for a market audience, such as for a documentary, television or feature film, advertisement, or similar project; it does not include news coverage or visitor use. Permission to film or videotape in a historic park building can be granted by the Superintendent when:
The same considerations as those which apply to building interiors will be applied by the Superintendent in granting permission for exterior motion picture or television productions. The Superintendent may choose not to apply the criteria of a meaningful association with the historic resource or that it would contribute to the public understanding and appreciation of the historic resource to video production in other areas of the park. Coverage of breaking news never requires a permit, but is subject to the imposition of restrictions and conditions necessary to protect park resources and public health and safety, and to prevent derogation of park values. (b) Taking photographs of any vehicle or other articles of commerce or models for the purpose of commercial advertising without a written permit from the Superintendent is prohibited.The decision to require a permit for still photography activities in a park is based on the activity itself as opposed to the eventual use of the image. Generally, permits are not required for still photography activities unless:
If none of these conditions exist a permit is not required. Still photography permits are subject to cost recovery and location fees. 36 CFR §5.6 - Commercial Vehicles(b) & (c) Using commercial vehicles on government roads within park areas when such use is in no way connected with the operation of the park is generally prohibited, and requires permission or a permit from the Superintendent.36 CFR §5.7 - Construction of Buildings or Other FacilitiesSuch activities are prohibited, except in accordance with the provisions of a valid permit, contract, or other written agreement with the United States. National Parks of Boston Closed Captioned Television (CCTV) Monitoring Public NoticeCCTV Policy StatementIn accordance with National Park Service Law Enforcement Reference Manual 9 (RM-9), notice is hereby given that National Parks of Boston uses Closed Circuit Television (CCTV) security camera monitoring. The park's use of Closed Circuit Television (CCTV) for law enforcement and security purposes will only be to visually monitor public park areas and public activities where no constitutionally protected reasonable expectation of privacy exists. Such CCTV use - which will have adequate privacy and First Amendment safeguards - will be to help ensure public safety and security; facilitate the detection, investigation, prevention, and deterrence of terrorist attack and crime; help ensure the safety of citizens and officers; help assist in the proper allocation and deployment of law enforcement and public safety resources; and help facilitate the protection of the innocent and the apprehension and. prosecution of criminals. (RM-9, 26.1) This policy does not restrict the official use of CCTV in government administrative areas, including administrative buildings, jail holding facilities (RM-9, 26.3.7), revenue collection sites, etc., where the government may record/monitor its facilities. For example, the government may perform unrestricted video/audio recording at revenue collection points (entrance stations, visitor center counters, etc.). This policy does not restrict the use of an AudioNisual Recording Device (AVRD) in patrol vehicles or officerworn recording devices used by commissioned rangers. (RM-9, 26.1 ) Operation of CCTV cameras, maintenance of recorded images and use of recorded images will be in accordance with NPS and Department policy and applicable laws and regulations. (RM-9, 26.1-26.4) No person will be targeted or monitored merely because of race, religion, gender, sex, disability, national origin, or political affiliation or views. (RM-9, 26.4.2) Nothing in this policy statement is intended to create any rights, privileges, or benefits not otherwise recognized by law. Please notify the park via email to Bost_Email@nps.gov should you wish to comment about Boston National Historical Park's usage of CCTV camera monitoring. |
Last updated: November 17, 2022