Laws & Policies

 

Superintendent's Compedium

Of Designations, Closures Permit Requirements, and other Restrictions Imposed under Discretionary Authority

Approved June 4, 2024
Lewis Rogers, Interim 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 Cedar Creek and Belle Grove National Historical Park. Unless otherwise stated, these regulatory provisions apply in addition to the requirements contained in 36 CFR, Chapter 1, Parts 1-7.

Written determinations, which explain the reasoning behind the Superintendent’s use of discretionary authority, as required by Section 1.5(c), appear in this document identified by italicized print.

I. 36 CFR §1.5 – VISITING HOURS, PUBLIC USE LIMITS, CLOSURES, AND AREA DESIGNATIONS FOR SPECIFIC USES OR ACTIVITIES

(a)(1) The following visiting hours and public use limits are established for all or for the listed portions of the park, and the following closures are established for all or a portion of the park to all public use or to a certain use or activity:

Visiting Hours: Public areas administered by the National Park Service are open from sunrise to sunset.

In order to protect the Park’s cultural and natural resources, the above visiting hours pertain to the following areas:

• The Morning Attack Trails.
• Trailhead parking and surrounding area off Claven Lane.
• Trailhead parking and surrounding area off Valley Pike.
• Park Headquarters.

Public Use Limits (NPS Lands):

• Any athletic activity that interferes with other visitor use, enjoyment, or safety is prohibited.

• Athletic activities including but not limited to softball, football, horseshoes, badminton, Frisbee throwing, kite flying, etc. are prohibited.

• The washing, waxing, repairing, servicing of vehicles is prohibited. Emergency repairs to vehicles are allowed.

The nature and purpose of the park to commemorate the history of the Shenandoah Valley, including the Battle of Cedar Creek and to preserve and protect park resources and landscape features is not consistent with these activities.

Closures:

• Park lands administered by the National Park Service are closed to camping except for living history groups which may camp in conjunction with park-sponsored activities for interpretive/educational purposes.

The park is closed between sunset and sunrise. There are no designated campgrounds on NPS lands and the infrastructure to support overnight camping does not exist. Living history groups involved with NPS events camp in the park during interpretive events, and events supporting the administration of the park to further the park mission.

• Leaving property unattended in the park is prohibited:

See also 36 CFR §2.22 which prohibits park visitors from leaving property unattended for longer than 24 hours.

Under this provision geo-caching is prohibited throughout the park.

Unattended property includes flags, signs, wreaths, and mementos left on park property unless otherwise approved by permit by the Superintendent.

Most of the park is a sacred battleground, and therefore, contains historically significant resources. Methods of stashing items such as digging, burying, covering and otherwise concealing items are sometimes used while geocaching, and are inappropriate within these areas. Abandoning and leaving property unattended is illegal under this section. The activity itself will appear suspicious to bystanders and staff who might misinterpret what the individual is doing. This type of recreational activity is inconsistent with the park’s purposes and values.

Virtual geo-caching is allowed due to its non-intrusive nature.

• Areas of new construction, reconstruction and rehabilitation, and/or deconstruction will be closed to the public, unless applicable contract calls for non-closure.

Areas of new construction, reconstruction and rehabilitation, and deconstruction may be closed to visitors for safety reasons and to avoid unreasonable conflict with authorized work.

• Superintendent may close any portion of the park roadways to motor vehicle use during periods of ice, snow, or any other hazardous condition. Barricades with appropriate signage will be used to deny access to affected road areas. Driving around these gates is prohibited.

The Superintendent may affect road closures during inclement weather or periods or periods of other hazardous conditions in order to maintain public and employee safety.

• Unmanned Aircraft:

Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of Cedar Creek and Belle Grove National Historical Park is prohibited except as approved in writing by the superintendent.

Definitions: 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 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, drones) that are used for any purpose, including for recreation or commerce.

The park seeks to provide visitors with the opportunity to envision the historic scene in an atmosphere of quiet contemplation. While passive recreation, such as hiking on trails, jogging and hiking on park roads is allowed, activities which interfere with that scene and atmosphere are not. Ample opportunities exist outside the park for these activities. These types of activities are inconsistent with the preservation and protection of resource values and interfere with the peace and tranquility of the landscape and are inconsistent with the reason the park was created.

Filming

The following types of filming activities may occur in areas open to the public without a permit and without advance notice to the NPS:

• Outdoor filming activities involving five persons or less and equipment that will be carried at all times, except for small tripods used to hold cameras.

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:

• maintain public health and safety;
• protect environmental or scenic values;
• protect natural or cultural resources;
• allow for equitable allocation and use of facilities; or
• avoid conflict among visitor use activities.

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. The Superintendent will provide the basis for denial in writing upon request. The NPS will consider requests and process permit applications in a timely manner. 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:

1. Engaging in a filming activity without providing advance notice to the Superintendent when required.
2. Engaging in a filming activity without a permit if the Superintendent has notified the organizer in writing that a permit is required.
3. Violating a term and condition of a permit issued under this action.

Violating a term or condition of a permit issued under to this action may also result in the suspension and revocation of the permit by the Superintendent.

II. 36 CFR §1.6 – ACTIVITIES THAT REQUIRE A PERMIT

(f) The following is a compilation of those activities for which a permit from the superintendent is required (Contact the Site Manager's office for information or to obtain a permit):

§2.5(a) Specimen collection (Take plant, fish, wildlife, rocks or minerals)

§2.12 Audio Disturbances

(a)(2) Operating a chain saw in developed areas

(a)(3) Operation of any type of portable motor or engine, or device powered by a portable motor in non-developed areas

(a)(4) Operation of a public address system in connection with a public gathering or special event for which a permit has been issued pursuant to §2.50 or §2.51

§2.38 Explosives:

(a) Use, possess, store or transport explosives, blasting agents

(b) Use or possess fireworks

§2.50(a) Conduct a sports event, pageant, regatta, public spectator attraction, entertainment, ceremony, and similar events

Contact Site Manger’s Office for special use permit

§2.51(a) Public assemblies, meetings, gatherings, demonstrations, parades and other public expressions of views by groups of 26 or more people require a permit.Contact Site Manger’s Office for special use permit

§2.52(c) Sale or distribution of printed matter that is not solely commercial advertising by groups of 26 or more people requires a permit.

Contact Site Manger’s Office for special use permit

§2.62 Memorialization:

(a) Erection of monuments (Requires approval from Director)

(b) Scattering ashes from human cremationContact Site Manger’s Office for special use permit

§5.1 Advertisements – (Display, posting or distribution)

Contact Site Manger’s Office for special use permit

§5.5 Still Photography

Still photography that takes place a location(s) where or when members of the public are generally not allowed; or that uses model(s), set(s), or prop(s) that are not part of the location’s natural or cultural resource or administrative facilities.

Contact Site Manger’s Office for special use permit

III. GENERAL REGULATIONS

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

(c)(1), (c)(2) The following fruits, nuts, or berries or unoccupied seashells may be gathered by hand for personal use or consumption, in accordance with the noted size, quantity, collection sites and/or consumption restrictions:

Climbing trees to gather fruits and nuts is prohibited.

One gallon per person per day of the following edible fruits, berries, and nuts may be gathered for personal use or consumption:

• raspberries
• black walnuts
• hickory nuts

36 CFR §2.2 – WILDLIFE PROTECTION

(d) The transporting of lawfully taken wildfire through the park is permitted under the following conditions and procedures:

Hunters may transport legally taken, properly tagged and identified wildlife through park areas vial legally established accesses if no other access to their private property exists.

(e) The following areas are closed to the viewing of wildlife with the use of an artificial light:

Viewing, or attempting to view, wildlife by means of motor vehicle headlights, infrared lighting/beams or other artificial light (spotlighting) is prohibited parkwide.

36 CFR §2.4 – WEAPONS, TRAPS, AND NETS

(h) Notwithstanding any other provision in this Chapter, a person may possess, carry, and transport concealed, loaded, and operable firearms within a national park area in accordance with the laws of the state in which the national park area, or that portion thereof, is located, except as otherwise prohibited by applicable Federal law.

This authority does not extend to Federal facilities within the park (18 U.S.C. 930(a)). Federal facilities include: The Visitor Contact Station and the Headquarters office.

36 CFR §2.13 – FIRES

(a)(1) The lighting or maintaining of fires is generally prohibited, except under the following conditions as noted:

Fires may be allowed on a limited basis and under permission from the superintendent for living history groups who may camp in conjunction with a park sponsored activity for interpretive/educational purposes.

36 CFR §2.15 – PETS

(a)(1) The following structures and/or areas are closed to the possession of pets:

In order to avert health risks and inappropriate contact between pets and visitor, pets are not permitted in public buildings other than Use of Service Animals.

During special events and public programs, pets may be restricted from Living History Demonstration areas.

All pets must be restrained on a leash with a maximum length of 6 feet while on park property.

(a)(5) Pet excrement must be disposed of in accordance with the following conditions:

All excrement must be immediately removed from developed areas, trails, or other public use 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 as noted:

Smoking is not permitted in any government building or structure.

No smoking is permitted within 25 feet of any building entrance, monument, exhibit, or demonstration area.

Federal regulations prohibit smoking within federal buildings, including within 25 feet of entryways.

36 CFR §2.35 – ALCOHOLIC BEVERAGES AND CONTROLLED SUBSTANCES

(a)(3)(i) The following public use areas, portions of public use areas, and/or public facilities within the park are closed to consumption of alcoholic beverages, and/or 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:

The Federally owned land, building and structures at Cedar Creek and Belle Grove National Historical Park are closed to the consumption of alcohol. Open alcohol containers are prohibited.

36 CFR §2.37 – NON-COMMERICAL SOLICITATION

Soliciting 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 §2.51 – PUBLIC ASSEMBLIES, MEETINGS

2.51(a) Demonstrations of 25 people or less area allowed within the park areas designated as available under paragraph (c)(2). Demonstrations of more than 25 people are allowed within the designated areas when the Superintendent has issued a permit for the activity.

(c)(2) The following locations are designated as available for demonstrations:

• Park Headquarters – Grassy area directly in front of the building on the north side of the driveway or the grassy area between the south side of the driveway and the garden.
• Claven Lane – the mowed grassy area to the east of the parking lot.

Permits and directions for authorized Section 2.51 activities area available and issued by the Superintendent’s Office. The areas listed above and designated on the attached maps are hereby authorized for permitted activities, provided no prior application for a permit for the same time and place has been made, that has been, or will be granted, and the activities authorized by that permit do not reasonably allow multiple occupancy of that particular area.

36 CFR §2.52 – DISTRIBUTION OF PRINTED MATTER

The sale or distribution of printed matter is restricted to those areas designated as First Amendment Assembly Areas. The distribution of printed material, as it is defined in 36 CFR Section 2.52, is prohibited in other areas of the park, if it:

(1) Causes injury or damage to park resources; or

(2) Unreasonably impairs the atmosphere of the peace and tranquility maintained in wilderness, natural historic or commemorative zones, or

(3) Unreasonably interferes with the interpretive, visitor service, or other program activities, or with the administrative activities of the National Park Service; or

(4) Substantially impairs the operations of public use facilities or services of National Park Service concessioners or contractors; or

(5) Presents a clear and present damage to the public health and safety.

36 CFR §2.62 – MEMORIALIZATION

(a) A permit is required for the scattering of ashes from cremated human remains, in accordance with the following terms and conditions:

• The remains to be scattered must have been cremated and pulverized.

• The scattering of remains by persons on the ground is to be performed at least 100 yards from any trail, road, developed facility, or body of water.

• The scattering of ashes from the air is prohibited.

• Ashes must be scattered over an area large enough so that they will not accumulate in once place.

• The use of commercial, for profit venture to distribute cremated remains on NPS land is prohibited.

• No marker, urn or container of any kind may be left to commemorate the event.

36 CFR §4.30 – BICYCLES

(c) Bicycles must stay on establish public roads and parking areas.

• The term ”e-bike” means a two- or three wheeled cycle with fully operational pedals and an electric motor o less than 750 watts (1 h.p.).
• E-bikes are allowed in Cedar Creek & Belle Grove National Historical Park 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 in 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 Cedar Creek & Belle Grove National Historical Park is governed by State law, which is adopted and made part of this Compendium. Any violation of State law adopted by this paragraph is prohibited.

CCTV Statement

In accordance with National Park Service Law Enforcement Reference Manual 9 (RM-9), notice is hereby given Cedar Creek and Belle Grove National Historical Park 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 Audio/Visual Recording Device (AVRD) in patrol vehicles or officer-worn 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.

 

Firearms in National Parks

The law governing possession of firearms inside a national park changed on February 22, 2010.

Visitors 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.

Please remember that federal law prohibits firearms in certain park facilities and buildings. These places are marked with signs at public entrances.

 

Cedar Creek and Belle Grove Research Conditions

This permit must be carried by field staff while in the park. Investigators should be prepared to show the permit and personal identification as requested by National Park Service staff member.