Superintendent's Compendium

In accordance with applicable law and policy, and pursuant to the delegated authorities provided in Title 36, Code of Federal Regulations, Chapter 1 (“36 CFR”), the following compendium actions apply to all lands and waters administered by the National Park Service (NPS) within the boundaries of Capulin Volcano National Monument. This document is the written compilation of designations, closures, permit requirements and other restrictions imposed under the discretionary authority of the Superintendent, as required by 36 CFR 1.7(b). Violating any provision in this Compendium may result in criminal penalties under 36 CFR 1.3.

The compendium actions in this document apply in addition to all other laws that apply to the lands and waters administered by the NPS within the boundaries of Capulin Volcano National Monument. These include:

• Regulations in 36 CFR and other CFR titles such as Title 43, which contains regulations that apply on public lands administered by the Department of the Interior. The current version of the CFR can be found at www.ecfr.gov. Click on “Title 36” and then “Chapter 1” to access 36 CFR.
• Statutes codified in U.S. Code, in particular provisions in Titles 16 and 54.

This compendium is organized by the sections in 36 CFR that give the Superintendent discretionary authority to take the compendium action. Written determinations that explain why each compendium action is necessary appear in this document in italicized print.

Please contact Dale Kissner (575-278-2201 x210) if you have any questions or comments about this Superintendent’s Compendium.

Recommended by:
/s/ Dale Kissner
Site Manager
December 29, 2025

Approved:
/s/ Eric Leonard
Superintendent, High Plains Group of Parks
December 31, 2025

 

Definitions

NPS regulations in 36 CFR 1.4 define certain terms that are used in 36 CFR. Other sections in 36 CFR may define terms that are used in those sections. To the extent any terms defined in the CFR are used in this Compendium, those definitions apply. In addition to terms defined in the CFR, the following terms used in this Compendium are defined as follows:

Uncrewed Aircraft

Uncrewed Aircraft: A device that is used or intended to be used for flight 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 in command to operate or control the device (such as cameras, sensors, communication links). This term includes all types of devices that meet this definition (e.g., model airplanes, quadcopters, and drones) that are used for any purpose, including for recreation or commerce.

Service Animal

Service Animal: Any dog or miniature horse that is specifically trained to do work or perform tasks for the benefit of an individual with a disability, including physical, sensory, psychiatric, intellectual, or other mental disability. Service animals in-training, emotional support, therapy, comfort or companion animals are not considered service animals. Service animals are trained to be under a high level of physical and/or voice control.

Dark Hours

Dark Hours: The time between one hour after sunset and one hour before sunrise.

 

36 CFR 1.5 – CLOSURES AND PUBLIC USE LIMITS.

36 CFR 1.5(a)(1) Visiting hours, public use limits and closures.

 

Visiting Hours:

• The Capulin Volcano National Monument visitor center is open from 8:30 am to 4:30 pm; and motor vehicle access to the volcano top is available from 8:30 am to 4:00
pm. These are open and available every day except on the federal holidays of Thanksgiving, Christmas and New Year’s Day.
• The park or any portion thereof may be temporarily closed to public access at any time due to significant hazards to public safety or other administrative reasons. Examples may include, but are not limited to, the presence of severe weather hazards (e.g., lightning risk, winter snowstorms, icy roads), environmental hazards (e.g., rock/debris slides, wildlife concerns, or hazardous conditions), health and safety hazards (e.g. disease pandemic, presence of toxic materials); administrative (lapse in appropriations); or road damage caused by natural or human-caused events. These temporary closures could happen at any time and would be resolved by park staff as soon as possible.

Closures:

The park is closed during dark hours with the following exceptions:

• As a certified International Dark Sky Park, the park is required to have 24/7 public access to a dark sky viewing area. The overflow parking lot near the visitor center will remain open to the public 24 hours a day for the purpose of dark sky viewing. There is no overnight camping allowed and no other activities or amenities are available after the visitor center is closed. 
• Through an approved special use permit or park-sponsored event.

The visiting hours listed is the primary time for park visitation. The NPS does not have sufficient staff to manage visitor operations 24/7. The park closure during dark hours is more concerned with public safety and resource protection with visitors not following park regulations, going off-trail or in resource-sensitive areas. Leaving these areas open in the dark can be unsafe and cause significant damage to the natural and cultural resources in the park, including plants, wildlife, cultural sites and geologic resources.

36 CFR 1.5(a(2) – Designated areas, conditions or restrictions on a use or activity.

Conditions or Restrictions on Public Use or Activity:

Filming, still photography, and audio recording
Filming, still photography, and audio recording activity may require a permit,
consistent with 54 U.S.C. 100905.

• Filming, still photography, and audio recording activity that occurs in closed areas, requires exclusive use of a site or area, or involves a set or staging equipment other than handheld equipment (such as a tripod, monopod, and handheld lighting equipment) requires a permit, unless the activity is affiliated with an activity or event that has been allowed under a written authorization, such as a special use permit.
• Filming, still photography, and audio recording that involves more than eight individuals requires a permit, unless the NPS has specifically notified an individual or group that a permit is not required, or if the activity is affiliated with an activity or event that has been allowed under a written authorization, such as a special use permit.
• If a permit is required for the reasons stated above, or if the NPS otherwise determines and then notifies an individual or group that a permit is required for a filming, still photography, or audio recording activity, then engaging in that activity without a permit is prohibited. Violating a term or condition of a permit issued by the NPS for a filming, still photography, or audio recording activity is prohibited, and may result in the suspension or revocation of the permit, in addition to any penalties that may apply under 36 CFR 1.3.

Federal law at 54 U.S.C. 100905 states that permits and fees are not required for filming, still photography, or audio recording in park areas if certain requirements are met. These requirements address various topics, including, but not limited to, group size, location, equipment, potential impacts to resources and visitors, and the likelihood that the NPS will incur related administrative costs. If any of these requirements are not met, the law allows the Secretary of the Interior, acting through the NPS, to require a permit for the subject activity. Permit requirements are imposed by the superintendent under discretionary authority provided by 36 CFR 1.5(a)(2), which allows the superintendent to impose conditions or restrictions on a use or activity, consistent with applicable legislation, to implement management responsibilities. The general regulations for permits in 36 CFR 1.6 do not apply to permits issued for filming, still photography, and audio recording, which instead are governed by the statutory provisions in 54 U.S.C. 100905. The imposition of permit requirements, on a case-by-case basis, for filming, still photography, or audio recording does not require rulemaking under 36 CFR 1.5(b). Requiring a permit with reasonable terms and conditions in accordance with statutory requirements at
54 U.S.C. 100905 is not highly controversial, will not result in a significant alteration in the public use pattern of the System unit, will not adversely affect the System unit’s natural, aesthetic, scenic or cultural values, or require a long-term or significant modification in the resource management objectives of the System unit, because the permit requirement is limited in time and scope to the specific activities authorized by the permit, which contain terms and conditions that protect the values, resources, and visitors of the System unit, and implements federal law.

Launching, landing, or operating an uncrewed aircraft
Launching, landing, or operating an uncrewed aircraft from or on lands and waters administered by the NPS within the boundaries of Capulin Volcano National Monument is prohibited except as approved in writing by the Superintendent.

This restriction is necessary to prevent unacceptable impacts to park resources and values from the use of uncrewed or remotely piloted aircraft. Potential impacts include harming/harassing park visitors, interfering with rescue operations, causing excessive noise, impacting viewsheds and disturbing wildlife. Any permitted use would require a life safety element or a component that would benefit the park’s mission.

Motorized Wheelchairs or other equipment used for the sole purpose of mobility assistance by a person who could otherwise not access the visitor center or other paved areas of the park is allowed. Motorized mobility assistive devices may not be used on the crater rim or vent trails because of steep, narrow trails and concerns for public safety.

Allowing the use of motorized wheelchairs or other equipment in the park is part of an effort to make programs, facilities, and services accessible to people needing mobility assistance. Providing the highest level of accessibility that is reasonable and in conformance with applicable regulations and standards.

Traditional geocaching activities are not allowed in the park.

Due to concerns of the resultant development of associated social trails in areas of archeological, scenic, and biological significance within the park, and the concern of geocache placement in unsafe areas, public development of traditional caches is prohibited. Any objects left in the park will be considered abandoned property and removed. However, park-reviewed and approved virtual and educational forms of caching are an acceptable alternative for the caching community.

Rock Climbing in the Park is not allowed.

Rock climbing is not an acceptable activity in the park as the volcano is composed of loose cinders that wouldn’t safely hold when using climbing equipment and isn’t supported by the park’s enabling legislation. The activity would also contribute to erosion of the resource.

 

36 CFR 1.6 – ACTIVITIES THAT REQUIRE A PERMIT

36 CFR 1.6(f) – Activities that require a permit.

The following activities are prohibited without a permit. Criteria for approving or denying permits are established by applicable law (statutes and regulations) and policy. Permitted activities are subject to applicable terms and conditions.

• Launching or landing uncrewed aircraft. 36 CFR 1.5.
• Specimen collection for research purposes. 36 CFR 2.5.
• Gathering of plants or plant parts by Federally recognized Indian tribes. 36 CFR 2.6.
• Operating a power saw in developed areas and a motor or engine in undeveloped areas. 36 CFR 2.12.
• Operating a public address system. 36 CFR 2.12.
• Delivery or retrieval of a person or object by parachute, helicopter or other airborne means. 36 CFR2.17.
• Soliciting or demanding gifts, money goods or services. 36 CFR 2.37.
• Using, possessing, storing or transporting explosives; using or possessing fireworks or firecrackers. 36 CFR 2.38.
• Conducting a special event. 36 CFR 2.50.
• Conducting a demonstration by groups of more than 25 people. 36 CFR 2.51.
• Selling or distributing printed matter and other message-bearing items by groups of more than 25 people. 36 CFR 2.52.
• Running-at-large, herding, driving across, allowing on, pasturing or grazing of livestock, or using the park for agriculture. 36 CFR 2.60.
• Residing on federal lands. 36 CFR 2.61.
• Scattering of human ashes from cremation. 36 CFR 2.62.
• Towing a person using a parasail, hang-glider, or other airborne device. 36 CFR 3.12.
• Exceeding established vehicle load, weight, and size (length) limits. 36 CFR 4.11.
• Displaying, posting, or distributing commercial notices or advertisements. 36 CFR 5.1.
• Engaging in or soliciting any business. 36 CFR 5.3.
• Some audio recording (if conditions are met). 36 CFR 5.5, 54 USC 100905.
• Using commercial vehicles on NPS-administered roads. 36 CFR 5.6.
• Constructing or attempting to construct any building, structure, road, trail, path, or utility. 36 CFR 5.7
• Rights-of-way. 36 CFR part 14.
• Examining ruins, excavating archeological sites, and gathering of objects of antiquity. 43 CFR part 3.
• Some filming (if conditions are met). 36 CFR 1.5(a)(2), 54 USC 100905.
• Some still photography (if conditions are met). 36 CFR 1.5(a(2), 54 USC 100905.
• Excavating or removing archeological resources. 43 CFR part 7.
• Collecting paleontological resources. 43 CFR part 49.

 

36 CFR 2.1 – PRESERVATION OF NATURAL, CULTURAL AND ARCHEOLOGICAL RESOURCES

36 CFR 2.1(b) – Hiking

Visitors to the park must remain on designated trails.

Capulin Volcano National Monument is a fragile, sensitive and unique volcanic ecosystem that is impacted by visitor use. Off-trail use of the resource contributes to the increase of erosion and negative effects to the plants and wildlife present in the park.

36 CFR 2.1 (c)(1)-(2) – Designation of natural products for personal consumption.

The following fruits, nuts, and berries may be gathered by hand for personal consumption, in accordance with the noted size, quantity, collection sites and consumption restrictions. Going off trail to collect/consume is not permissible.

• Fruits of cactus, such as prickly pear cactus. One quart per person per day.
• Nuts, such as acorns and pinons, when collected from the ground. One quart per person per day.
• All species of edible berries (e.g., New Mexico raspberries, skunk bush berries, physalis/ground cherry, chokecherries, goose berries, wax currant berries, yucca berries, and juniper berries) for immediate personal consumption on site. No more than one handful may be taken per person.

The Superintendent has determined that the gathering and consumption of these natural products in the manner allowed will not adversely affect park wildlife, the reproductive potential of a plant species, or otherwise adversely affect park resources.

 

36 CFR 2.2 – WILDLIFE PROTECTION

36 CFR 2.2(d) – Transport of wildlife

Lawfully taken wildlife may be transported on U.S. Hwy 325 on park lands without a permit. Transport on other park lands is prohibited.

36 CFR 2.2(e) – Use of artificial light.

The park is closed during dark hours. Viewing wildlife by artificial light (spotlighting, redirection of vehicle headlights, use of infrared lighting/beams) is prohibited.

The park is surrounded by state trust land which allows legal permitted hunting activity. These regulations are necessary to help protect against the unlawful taking of wildlife within the park.

 

36 CFR 2.10 – CAMPING AND FOOD STORAGE

36 CFR 2.10(a) – Overnight Camping

Overnight camping is not allowed in the park (including vehicle camping in the parking lots).

The park does not have a public campground nor the staffing capacity to manage a campground.

 

36 CFR 2.11 – PICNICKING

36 CFR 2.11 – PICNICKING

Picnicking is allowed at the picnic tables around the visitor center and in the designated picnic area.

Picnicking in designated areas will lessen trash accumulation in other sensitive areas and provide the proper infrastructure and facilities to accommodate this activity. Having a picnic outside of these designated areas may become a public safety hazard with wildlife interactions or negative interactions with other visitors.

 

36 CFR 2.12 – AUDIO DISTURBANCES

36 CFR 2.12(a)(1(ii)) – Operating Motorized Equipment or Machinery

The idling of motor vehicles, operation of generators or other motorized equipment/machinery while stationary in the park for extended periods of time is not allowed.

The idling of engines and use of other motorized equipment while stationary in the park is considered unreasonable unless there is a life safety or other valid reason for doing so. This action directly contributes to air and noise pollution and diminishes the park experience and enjoyment for other park users.

 

36 CFR 2.13 – FIRES

36 CFR 2.13(a)(1) – Fires

36 CFR 2.13(a)(1) – Conditions on Lighting or Maintaining a Fire.
Lighting or maintaining open fires is prohibited in public areas. Use of personal gas grills, stoves or lanterns with containerized fuels are permitted at the designated picnic area per the following restrictions:

A fire may be ignited and maintained only by using fuel sources designed and commonly used for warmth or the preparation of food, such as charcoal briquettes or natural firewood. Lighting ormaintaining a fire with other materials including, but not limited to, flammable liquids, garbage, fireworks, plastics, aerosol canisters, batteries, or other manufactured or synthetic materials, is prohibited.

This action is necessary for the maintenance of public health and safety, protection of environmental or scenic values, protection of natural or cultural resources, and the implementation of management responsibilities. Materials other than approved combustibles – especially fire accelerants and substances prone to wind transport or explosion – creates serious risks when used to light or maintain fires. These combustibles can ignite or spread wildfires that directly threaten people and valuable resources and assets. The burning of manufactured or synthetic materials can contribute to air pollution, contaminate soil and water, and be toxic to humans and the environment. Less restrictive measures, such as an education campaign informing visitors of the risks of using certain materials to light or maintain a fire, would not be commensurate with the substantial risks associated with those activities and could lead to adverse outcomes that might be prevented by establishing an enforceable condition.

36 CFR 2.13(a)(2)

Use of personal gas grills, stoves or lanterns with containerized fuels are permitted at the designated picnic area and in government-owned residential areas.

It is unnecessary to have open fires as there is no overnight camping allowed in public areas. Open fires are dangerous to the park resources and to the public if they are not monitored and become uncontrolled.

 

36 CFR 2.15 – PETS

36 CFR 2.15(a)(1) – Pets (service animals as defined are exempt from this restriction)

All park areas are closed to dogs and other domestic animals except for the below exceptions:

• Nature trail
• Designated Picnic Area
• Parking lots
• Front area around Visitor Center

36 CFR 2.15(a)(3) – Unattended Pets

Pets can only be unattended or tied to an object due to a serious incident or emergency.

36 CFR 2.15(a)(5) – Pet Excrement

Pet excrement must be immediately collected and removed from the park by the party responsible. All animal waste must be removed no matter the location it occurs. Excrement will be containerized and removed from the park or placed in a trash receptacle. 

These restrictions are necessary to provide for the protection of park resources, wildlife, pet health and public safety. While visiting the park with pets can be a positive pet owner experience, pets have been shown to have negative impacts on park resources, wildlife, and visitors. These impacts include noise, pursuit and harassment of wildlife, defecation, scent marking of wildlife habitat and aggressive, violent behavior. These restrictions are also necessary to keep pets safe from wildlife, such as rattlesnakes and coyotes. The Park provides dog waste bags at the start of the nature trail and in the overflow parking lot as a convenience to the public.

 

36 CFR 2.21 – SMOKING

36 CFR 2.21(a) – Smoking (includes e-cigarettes, vaping and other electronic nicotine delivery syste

Smoking is prohibited in the following areas:

• All government-owned buildings including residences and residence garages.
• Within 25 feet of any government owned structure.
• In any government-owned vehicle.
• All park land that is under a fire restriction order.

Smoking is prohibited to protect park resources, reduce the risk of fire, prevent conflicts within visitor use activities and reduce the occurrence of second-hand smoke exposure in areas of limited ventilation and around people with compromised health conditions. This policy applies to both indoor and outdoor areas.

 

36 CFR 2.35 – ALCOHOLIC BEVERAGES AND CONTROLLED SUBSTANCES

36 CFR 2.35(a)(3)

The possession or consumption of open alcoholic beverages in the park is prohibited, except in the following locations:

• Designated picnic area.
• Government-provided housing, fenced-in backyard.

 

36 CFR 2.51 – DEMONSTRATIONS AND DESIGNATED AVAILABLE PARK AREAS

36 CFR 2.51 (c)(2) – Designated Location.

The location (see appendix) off the patio in the grass northeast of the visitor center is designated as available for demonstrations. A permit is not required for a demonstration in
the designated location if it involves 25 or fewer people and does not involve structures.

The designated location is in a prominent location near the visitor center that will allow individuals and groups to conduct demonstrations in a manner that will allow for effective
communication of speech and other protected activities. At the same time, the designated location leaves ample space for visitors to enter and leave the visitor center safely and for the NPS to conduct administrative activities such as interpretive events.

 

36 CFR 2.52 – SALE OF PRINTED MATTER AND THE DISTRIBUTION OF PRINTED MATTER AND OTHER MESSAGE-BEARING ITEMS.

36 CFR 2.52(b) – Designated Location.

The location (see appendix) off the patio in the grass northeast of the visitor center is designated as available for demonstrations. A permit is not required for a demonstration in the designated location if it involves 25 or fewer people and does not involve structures.

The designated location is in a prominent location near the visitor center that will allow individuals and groups to conduct demonstrations in a manner that will allow for effective communication of speech and other protected activities. At the same time, the designated location leaves ample space for visitors to enter and leave the visitor center safely and for the NPS to conduct administrative activities such as interpretive events.

 

36 CFR 4.11 – VEHICLE LOAD, WEIGHT AND SIZE LIMITS

36 CFR 4.11(a) – Vehicle Load (pull trailers) and Size Limits (Length)

Vehicles over 26 feet in length and all pull trailers are prohibited from driving from the visitor center to the volcano top

The vehicle length and trailer restrictions are based upon maintaining and protecting road access to the Volcano top. There are also public and traffic safety concerns due to the narrow nature of the road with blind curves and minimal guardrails on the outer edge of the road. Longer vehicles are heavier causing more cumulative damage to the outer edge of the road and require park staff assistance to safely make it up the road. The park doesn’t have the staff capacity to accommodate this service. The parking lot at the Volcano top has limited parking available and minimal turn radius, large vehicles and trailers will quickly congest the parking lot. Pull trailers can be dis-attached from vehicles and left in the overflow parking lot.

 

36 CFR 4.21 – SPEED LIMITS.

36 CFR 4.21(b) – Speed Limits

Unless otherwise posted in congested and/or hazardous areas, the following speed limits are established for the routes/roads indicated:

• 20 mph on all paved Park roads
• 10 mph in the residential and maintenance areas, parking lots and unpaved service roads

These speed limits are present for public and staff safety considerations in congested areas, the high volume of traffic, wide array of vehicle types, narrow road width and incline. Higher speed limits would be unreasonable, unsafe, and inconsistent with this road and the purposes for which the park was established.

 

36 CFR 4.30 – BICYCLES.

36 CFR 4.30(i) – Electric bicycles

Class 1 and Class 2 electric bicycles are allowed in the following locations where traditional bicycles are allowed:

• Volcano highway from the park entrance to the visitor center.
• Visitor Center parking lot
• Volcano highway from the visitor center to the volcano top (only when the vehicle access gate is closed)

Allowing electric bicycles on roads and parking areas will not create new, adverse impacts to resources or visitors because those locations are already used by motor vehicles and traditional bicycles. Electric bicycles provide a recreational opportunity for visitors who want to ride a bicycle but might not otherwise because of physical fitness, age, or convenience, especially at high altitudes and on terrain with changing elevations. Class 3 electric bicycles, which allow the motor to assist pedaling up to 28 mph, would create unacceptable risks to visitor safety on roads and parking areas in the park due to potential conflicts with heavier and faster motor vehicles, and with other electric bicycles and
traditional bicycles, which travel at slower speeds. Accidents that occur at higher speeds increase the risk of serious injury or death.

 

Appendix