Superintendent's Compendium

 

Devils Tower National Monument Compendium of Regulations

Devils Tower National Monument 2023 Superintendent’s Compendium

AUTHORITY
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 regulatory provisions are established for the proper management, protection, government and public use of those portions of Devils Tower National Monument under the jurisdiction of the National Park Service. Unless otherwise stated, these regulatory provisions apply in addition to the requirements contained in 36 CFR, Chapter 1, Parts 1-7.

As required by 1.7(b), designations, closures, permit requirements, and other restrictions imposed under the discretionary authority shall be updated annually and made available to the public upon request.

 

Section 1.5 - Closures and Public Use Limits

Visiting Hours

(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:

1. Except in the case of an emergency, or as required by law, park’s outdoor use areas shall remain open to the public 24 hours a day, 365 days a year.
2. Except in the case of an emergency, the Belle Fourche River Campground will be open 24 hours a day from approximately May 15th through October 15th.

Determination: The superintendent has determined that operating additional facilities is economically prohibitive due to low visitation.

Closures

1. Park Roads: All park administrative roads and gated fire roads are closed to public vehicular use unless authorized by the superintendent. This includes the maintenance/housing access road (Prairie Dog Lane), leach field service road, and South Road. The South Road will be closed to all public traffic with the exception of traffic going to the Campstool Ranch.
2. The following areas are closed to all public use unless authorized by the superintendent:
   1. The administrative area in the southwest corner of the park. (see appendix 1: Closed Areas)
      Determination: The superintendent has determined that this closure is necessary for visitor safety and the protection of government property.
3. The Old Stake Ladder Route on the Tower will be closed to climbing-related and any other non-governmental activity year-round.
   Determination: The superintendent has determined that this closure is necessary to protect the historic stake ladder, listed on the National Register of Historic Places. Reference 1995 Climbing Management Plan.
4. Seasonal closures of portions of trails, approach routes, climbing routes, or other areas delineated by signs, may be placed in effect to protect sensitive breeding and nesting areas of raptors. Closures will be implemented and posted accordingly during the critical time periods concerning nesting, breeding, and related activity. These closures may begin as early as April 1st. The closure shall be lifted or extended as conditions dictate.
   Determination: The superintendent has determined that this closure is necessary to protect the nesting and fledgling activities of the prairie or peregrine falcons. The superintendent will determine the boundaries of each closure. Reference 1995 Climbing Management Plan and 1918 Migratory Bird Treaty Act.
5. Fire Closures: The superintendent may close all or a portion of the park to the lighting or maintaining of a fire during periods of high fire danger and/or management activities.
   Determination: The superintendent has determined that this closure is necessary to protect life and property.
6. Unmanned Aircraft Drones (UAVs): Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of Devils Tower National Monument is prohibited except as approved in writing by the superintendent.
   Determination: The closure is necessary to maintain public health and safety and to maintain wilderness character, scenic values, and soundscapes. It is also necessary to protect park natural and cultural resources including, but not limited to, the protection of wildlife mating, breeding, nesting, and feeding activities of birds of prey.

(a)(2) The following restrictions and/or conditions are in effect for the specific uses or activities noted:

1. 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.
   
   Determination: By relying on the best available data and science based public health measures in order to protect the health and safety of NPS employees, volunteers, partners, contractors, and park visitors from COVID-19 and the on-going pandemic, the requirement to wear masks applies to the identified locations.
2. Parking of vehicles longer than 19 feet is prohibited in the visitor center lots from Memorial Day weekend through September 15. Private RVs and trailers may use the RV parallel parking area along the east side of the main road near the visitor center and the long vehicle parking near the picnic area.
   Determination: The superintendent has determined that this restriction is necessary for visitor enjoyment and safety, and also due to limited parking for long vehicles at the visitor center during the peak summer season’s traffic congestion.
3. All buses are prohibited from parking in the visitor center parking lots and parallel parking sites from Memorial Day weekend through September 15 (except to load and unload). Buses may use the long vehicle parking near the picnic area.
   Determination: The superintendent has determined that there is not sufficient space for buses in the visitor center lots and that this restriction is necessary for visitor enjoyment and safety.
4. Engine idling is prohibited when stopped in any parking area including the visitor center, administration building, campground, picnic area, and prairie dog town.
   Determination: The superintendent has determined that idling empty buses creates excessive noise and air pollution and this restriction is necessary for visitor enjoyment and safety.
5. The use of all-terrain vehicles (ATVs), off highway vehicles (OHVs), utility terrain vehicles (UTVs), and any other type of motorized conveyance manufactured for recreational, non-highway, off-road or all terrain travel is prohibited within the monument boundaries unless properly registered as a motor vehicle by a state government. Permission may be granted by the superintendent for agricultural use and administrative use.
   Determination: The superintendent has determined that this restriction on park roads is necessary for visitor enjoyment and safety and to protect park roads.
6. The term “e-bike” means a two- or three-wheeled cycle with fully operable pedals and an electric motor of less than 750 watts (1 h.p.).
   1. E-bikes are allowed within Devils Tower National Monument where traditional bicycles are allowed.
   2. 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.
   3. 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).
   4. Except as specified in this Compendium, the use of an e-bike within Devils Tower National Monument is governed by State law, which is adopted and made a part of this Compendium. Any violation of State law adopted by this paragraph is prohibited.
      
      Determination: The superintendent has determined that this restriction on park roads is necessary for visitor enjoyment and safety and to protect park roads.

Public Use Limits

A carrying capacity of 300 vehicles is established for the visitor center parking area and Main Park Road. When the number of vehicles exceeds 300 total vehicles in these areas (except during the Sturgis Motorcycle Rally when the number of motorcycles may exceed this number), the Superintendent or their designee may temporarily close the park road at the entrance station or other location.

Determination: The superintendent has determined that this restriction on park roads is necessary for visitor enjoyment and safety and to protect park resources.

 

Section 1.6 - Permits

Activities Requiring a Permit

(f) The following is a compilation of activities for which a park permit is required:

• 2.1(5) Replacement of existing climbing bolts and fixed pitons on the Tower may be allowed pursuant to the terms and conditions contained in the Fixed Anchor Replacement permit.
• 2.5(a) Specimen collection (taking plants, fish, wildlife, rocks or minerals).
• 2.10(a) Camping in the Belle Fourche River Campground.
• 2.12(a)(2) Operation of a chain saw in developed areas.
• 2.12(a)(3) Operation of any type of portable motor or engine, or device powered by a portable motor or engine in non-developed areas.
• 2.12(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.
• 2.50(a) Special Events: conduct a sports event, pageant, regatta, public spectator attraction, entertainment, ceremony, and similar events.
• 2.51(a) Public assemblies of 26 or greater, meetings, gatherings, demonstrations, parades and other public expressions of views.
• 2.52(a) Sale or distribution of printed materials.
• 2.62(b) Memorialization: The scattering of human ashes from cremation is prohibited, except in certain areas within the park have been designated for this purpose. (see appendix 2: Memorialization Prohibited)
• 5.3 Business operations (engaging in or soliciting any business requires a permit, contract, or other written agreement with the United States, or must be pursuant to special regulations).
• 5.5(a) Commercial filming of motion pictures or television involving the use of professional casts, settings or crews, other than bona fide newsreel or news television.
• 5.5(b) Still photography of vehicles, or other articles of commerce or models for the purpose of commercial advertising.
• 5.6 Commercial vehicles used on park roads when such use is necessary for access to private lands, to which access is otherwise not available.

Permits will be specific in nature to the activity being permitted. In most cases a special use permit or letter of authorization that is signed by the superintendent and identifies the specific conditions under which the permitted activity is authorized will be prepared. In all cases, a permit or letter of authorization must be in the permittee’s possession at all times and exhibited to any authorized person upon request.

 

Section 2.1 - Preservation of Natural, Cultural & Archeological Resources

Firewood

(a)(4) Gathering firewood of any kind is prohibited within Devils Tower National Monument year-round to include down and dead wood.

Determination: The superintendent has determined that this restriction is needed because of the lack of available down and dead wood available leading to the use of live trees and shrubs.
 

Rock Climbing

(a)(5) The following rock climbing practices are prohibited at Devils Tower National Monument:

1. The operation of a power drill or motorized equipment used to support the placement of new climbing aides or otherwise to directly support a climb.
2. The gluing or chipping of rock, or the gluing, affixing, or placement of artificial hand holds on rock, or other damaging practices such as forcibly prying off rock or destroying vegetation to enhance a route.
3. Leaving fixed ropes unattended on the Tower (in an emergency, fixed ropes will be removed within 24 hours, unless weather conditions are prohibitive).
4. Installation of new bolts or fixed pitons on the Tower including the southwest shoulder area below the southwest buttress.

Determination: Reference the 1995 Climbing Management Plan for written determination of these conditions.


See also Climbing for more regulations on this activity.
 

Fruit Collecting

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

1. The fruit of chokecherries and wild plums may be picked by hand for personal consumption as long as the plants are not damaged.
2. No picking is allowed within 50 feet of the main park road. The main park road includes the roadway from the entrance station to and including the visitor center area.
3. There is a two-quart limit per family per day of chokecherries and/or plums picked in the monument.

Determination: The superintendent has determined that chokecherry and plum picking will not adversely affect wildlife or the reproductive potential of these plants at this time.

 

Section 2.2 - Wildlife Protection

Game Animal Transportation

(d) Wildlife taken lawfully outside the legislative jurisdiction of the monument may be transported through the monument under the following conditions:

1. The carcasses will be tagged in a manner compliant with state hunting regulations.
2. Individuals are required to declare wildlife when entering the park through the entrance station.
3. Animal carcasses will be subject to inspection at any time by an authorized person.
4. The carcasses will be covered with a tarp or similar covering.

Determination: The Monument does not wish to impede those hunting legally nor impede the transportation of legally taken game. The transportation of game through the Monument, which is closed to hunting, has elicited visitor complaints and could cause confusion with the Monument’s hunting regulations. Law Enforcement Rangers are authorized to check hunters transporting game to ensure wildlife was not taken illegally within the Monument boundaries.

Wildlife Viewing

(e) The monument is closed to viewing of wildlife with any artificial light, which includes and is not limited to spotlights and vehicle headlights directed beyond those areas covered in normal highway driving.

Determination: The viewing of wildlife at night with the use of artificial lights temporarily blinds animals, which causes them to become unnatural prey for predators and poachers.

 

Section 2.10 - Camping and Food Storage

Camping

(a) A permit system has been established for camping in the Belle Fourche River Campground. Conditions for camping and camping activities are in effect as noted:

1. Overnight stays or camping is only allowed in established sites within the Belle Fourche River Campground. Camping in tents or vehicles outside the Belle Fourche River Campground is prohibited, unless authorized by permit.
2. Campsite limits are as follows:
   1. Individual campsites are limited to eight people and two vehicles (including motorhomes and all types of trailers).
   2. Individual sites include all sites except designated group sites B9, B10, and B12. Group campsites are limited to 20 people and four vehicles including motorhomes and all types of trailers (limit exceptions if permitted by superintendent).
3. Creating or sustaining unreasonable noise between the hours of 10:00 p.m. and 6:00 a.m. is prohibited. Quiet hours for the use of generators in the campground are from 8:00 p.m. to 8:00 a.m. Generators will not be operated during these hours.
4. Campsite occupancy by one party may not exceed 14 cumulative days within a 28-day period.
5. Vehicle must be parked in established parking areas at campsites.
6. Camping fees are due within 30 minutes of occupying a site.
7. Attaching or suspending any item from trees that may cause trees and their limbs damage is prohibited. This includes the use of swings, hammocks, and slacklines.

Determination: The superintendent has determined that permits for, and restrictions upon, specified camping areas is necessary for the maintenance of public health and safety, for the protection and preservation of the environmental and scenic values of the areas, and as equitable uses of park resources.

Food Storage

(d) All food, coolers, garbage, and equipment used to cook must be kept in a vehicle or hard-sided camping unit.

Determination: Animals are attracted to food and other scented items that are not secured.
Securing these items minimizes human versus wildlife conflicts and protects wildlife.

 

Section 2.13 - Fires

Campfires

(a)(1) The lighting or maintaining of fires is prohibited, except as provided for in the following designated areas or receptacles, and under the conditions noted:

1. Except in the case of fire bans, open fires are allowed in the provided fire grates in the campground and picnic area, or by written permit from the superintendent.
2. The campfire ring at the amphitheater.
3. Employee housing area within established fire grates or rings.

Stoves and Lanters

(a)(2) The following restrictions are in effect for the use of stoves or lanterns:

1. The use of stoves or grills is prohibited in the area inside the Tower Trail including on the Tower.

Determination: The superintendent has determined that this restriction is necessary to maintain public safety, and for the protection of the environmental and scenic value of the park.

 

Section 2.15 - Pets

Pets

(a)(1) Possessing a pet in a public building, public transportation vehicle, or location designated as a swimming beach, or any structure or area closed to the possession of pets by the superintendent is prohibited.

Pets are permitted in Devils Tower National Monument with some restrictions. Pets cannot be left unattended. While visiting the park, pets must be kept on a leash no more than six feet in length at all times. Pets are only allowed in developed areas, such as campgrounds and picnic areas, and other areas open to motor vehicles, such as gravel and paved roadways, roadway corridors, and parking lots and accompanying sidewalks. Pet etiquette dictates always cleaning up animal waste and disposing of it in trash receptacles.

Pets are prohibited from hiking trails, public buildings (i.e. visitor centers and offices), and backcountry areas, including areas with prairie dog colonies. Leaving your animal unattended or tied to a fixed object is prohibited, as well as a danger to your pet.

Service animals are an exception to most pet restrictions and are allowed on trails, in public buildings, and within public transportation vehicles. Service animals must be kept on a leash at all times and, due to potentially infectious wildlife diseases, are not allowed in areas with prairie dog colonies.

Determination: The superintendent has established that pets are prohibited within Devils Tower National Monument with the exceptions of those listed above. Pets, such as dogs and cats, can carry disease into the park’s wildlife populations. In turn, infectious diseases in wildlife can be transmitted to visiting animals. Pets can chase and threaten wildlife, scaring birds and other animals away from nesting, feeding, and resting sites. The scent left behind by an animal can signal the presence of a predator, disrupting or altering the behavior of park wildlife. Pets may be injured by park wildlife, such as rattlesnakes or porcupines, or may become prey for predators, such as coyotes. During the summer season, hiking trails and popular visitor areas can become congested. Many dogs and strangers do not mix well, presenting a danger to other visitors. Many people, especially small children, are frightened by dogs, even small ones. Dogs bark and disturb the quiet of Devils Tower. Unfamiliar sights, sounds, and smells can disturb even the calmest, friendliest, and best-trained dog, causing them to behave unpredictably or bark excessively.

(e) Pets may be kept by residents of park areas consistent with the provisions of this section and in accordance with conditions which may be established by the superintendent. Violation of these conditions is prohibited.

Determination: The superintendent has established conditions for the keeping of pets by residents of Devils Tower National Monument.

 

Section 2.16 - Horses and Pack Animals

(b) The use of horses or pack animals is not permitted in the park, unless approved by the superintendent through a special use permit.

Determination: The superintendent has determined that the use of horses or other pack animals is detrimental to the resources of the park. The animals can cause undue soil erosion, damage cultural resources, and spread exotic plants. In addition, the monument does not include enough acreage to sufficiently separate horses from pedestrian traffic creating a significant safety hazard.

(g) Other conditions concerning the use of horses or pack animals:

1. Horses and pack animals may not be kept overnight in the monument.
2. Visitors hauling horses or pack animals are permitted to bring their trailers into the park as long as the animals remain in the trailer at all times.
3. Horse/pack animal trailers may not be cleaned in the monument.
4. Horses may be used by adjacent land owners to remove trespass cattle in the park with the permission of the Chief Ranger.

 

Skating, Skateboards, and Similar Devices

Section 2.20 - Skating, Skateboards, and Similar Devices

 
Skateboards, roller skates, or similar devices are prohibited except in the government housing area by park employees or their families. However, use of these devices on park mobility ramps, over stairs, or at government offices is strictly prohibited.

Determination: The residential area for park employees provides the principle areas for play and activity by children and residents. Skating and using skateboards are activities one can expect children and adults to enjoy. These areas do not have any conflicting uses involving visitor recreation and are areas in which traffic hazards are minimized.

 

Section 2.21 - Smoking

(a) Smoking is prohibited in all public use and administrative buildings and facilities, as well as within 25 feet of a public building entrance.

Determination: It is the NPS policy that public use and administrative facilities be smoke-free.

 

Section 2.23 - Recreation Fees

Read more about fees 

Entrance and Camping Fees

(b) Recreation fees, in accordance with Title 36 CFR part 71, are established for the following entrance fee areas, and/or for the use of the following specialized sites, facilities, equipment or services, or for participation in the following group activity, recreation events or specialized recreation uses:

Devils Tower National Monument

• Single, private, non-commercial vehicle $25.00, valid for 7 days.
• Motorcycle $20.00, valid for 7 days.
• Pedestrian or bicycle rider $15.00, valid for 7 days.
• Annual Devils Tower Pass $45.00, valid 1 year from month of purchase
• Camping fees:
  • Individual site per night $20.00
  • Interagency Senior Pass or Access Pass $10.00
  • Group camp site: 1-20 persons $30.00

Determination: Recreation and entrance fees are charged according to criteria set forth in 35 CFR Part 71.

 

Section 2.51 - Public Assemblies

Regulations for Public Assemblies

(b) Permits for public assemblies, meetings, gatherings, demonstrations, and other public expressions of views for groups of 26 persons or more are required and will be issued by the superintendent. All requests are subject to denial based on the criteria established in 36 CFR, Section 2.51 (b-c) and (e-j).

(b)(1) Demonstrations involving 25 persons or fewer may be held without a permit within designated 1st Amendment areas, provided that conditions are met as established in 36 CFR, Section 2.51 (b)(1).

(c)(2) The following locations are designated as available for public assemblies, meetings gatherings, demonstrations, and other public expressions of views:

• Groups of 25 and under: Between the front of the Ranger Station and the bus drop off. (see appendix 3: Upper Park Public Assembly Areas)
• Groups of 25 and under: At theTower Trail and Red Beds trailhead. (see appendix 3: Upper Park Public Assembly Areas)
• Groups of 51 or more: The Belle Fourche River Campground Amphitheater. (see appendix 4: Campground Public Assembly Area)

Determination: This action is necessary to comply with 36 CFR 2.51 to provide a map showing locations available for public assembly activities. The areas provided should not unreasonably interfere with visitor services and should provide adequate recognition for any public assembly activity.

 

Section 2.60 - Livestock Use and Agriculture

(a) Absent a permit, the running-at-large, herding, driving across, allowing on, pasturing or grazing of livestock of any kind in a park area for agricultural purposes is prohibited.

 

Section 4.21 - Speed Limits

Speed Limits

(b) The following speed limits are established for the routes/roads indicated:

• Main Park Road: 25 mph
• Campground Road: 15 mph
• Picnic Area and in the Campground: 5 mph
• West Road: 15 mph
• South Road: 15 mph
• Admin/Residence Road: 10 mph

Determination: 36 CFR 4.21(a) establishes a 45 mph speed limit for park roads outside of certain areas listed in 36 CFR 4.21 (a)(1) and (a)(2) unless the Superintendent determines that the speed is “unreasonable, unsafe, or inconsistent with the purpose for which the park area was established” as stated in 36 CFR 4.21 (b). The Superintendent has determined that the speed limits listed above are reasonable, safe, and consistent with park purposes.

 

Associations, Friends Groups, Conservatories, Etc.

Association Regulations

 
Devils Tower National Monument, i.e. gift shops or other businesses, for the purpose of assisting the park with monetary donations, shall pay their employees at least the prevailing OPM Federal Government Minimum Wage for U.S. Federal Civilian Employees.

President’s Directive Executive Order EO 14003, dated January 21, 2022, establishes Federal Government Minimum Wage at a pay rate of $15.00 per hour.

Additionally, these same Associations, Friends Groups, Conservatories, or other organizations operating within the park shall use industry standard pay scales that take into account each individual employee’s job experience and time within the organization to calculate pay, pay raises, etc.

Determination: The Superintendent has determined that the wages of all employees working within the boundaries of Devils Tower National Monument, whether employed by the Federal Government or by a cooperating group, in an effort to be fair and equitable, shall comply with requirements of Executive Order 14003.
 
 

 

The area of the monument shown in red is closed to public access.

 

The area around the Tower Trail and the northwest corner of the park are prohibited for spreading ashes and memorialization.

 

There is an area near the main parking lot designated for public assembly and First Amendment activities.

 

There is an area near the picnic area designated for public assembly and First Amendment activities.