PARK COMPENDIUM - 36 CFR 1.7 (b)
In accordance with regulations and the delegated authority provided in Chapter 36, Code of Federal Regulations (36 CFR), Chapter 1, Parts 1-7, authorized by Title 54 United States Code, the following Superintendent's Orders are established for this unit of the National Park Service. Unless otherwise noted, these orders apply in addition to the provisions contained in Parts 1-7 of Title 36 C.F.R.
1.5 Closure and Public Use Limits
Managing Filming Activities:
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 [outside of areas managed as wilderness]2 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 activity takes place in areas managed as wilderness or 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.
Hours of Visitation:
The National Monument visitor center grounds including the nature trail, parking lot and Matanzas River beach north of the Visitor Center dock and 1000 feet south of the dock are closed from 5:30 p.m. to 9:00 a.m. daily.
(Justification: To protect park resources when staff is not present)
The Fort Matanzas Visitor Center, ferry boat operation, nature trail and parking area is closed to all visitations on Thanksgiving and Christmas of each year.
(Justification: Limits access to these areas when sufficient employees are not present)
Other Monument parking lots and boardwalk trails are closed to public access from midnight until 6:00 a.m. daily.
(Justification: Closure is to protect resources, to prevent criminal activity and to promote visitor safety)
Parking of horse trailers is prohibited in any of the Monument parking lots.
(Justification: This is necessary to comply with the St. Johns County ordinance which designates specific county parking lots for horse trailer parking; and because horse use is prohibited in the Monument.)
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 Fort Matanzas National Monument is prohibited except as approved in writing by the superintendent. 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.
(Justification: Restrictions on unmanned aircraft are necessary to prevent damage to the historic fabric and to ensure the safety of the other visitors. Unmanned aircraft operation is prohibited under Policy Memorandum 14-05 until further guidance is issued by the agency.)
Fort Access
The Fort structure on Rattlesnake Island, the grounds immediately surrounding it and the Rattlesnake Island dock are open for visitation to National Park Service led groups as scheduled by the National Park Service. Only visitors arriving as part of a National Park Service led group may visit the fort. At all other times, this area is closed to public entry unless the Superintendent has granted specific, written permission.
(Justification: This is necessary for the protection of the historic resources of the fort and for the safety of the public.)
Severe Weather Conditions
During periods of severe weather conditions or other circumstances, all or portions of Fort Matanzas National Monument may be closed to the public in the interest of public safety. The Site Supervisor or person designated to act on his/her behalf is delegated the authority by the Superintendent to determine the need to close areas of the Monument for this purpose.
(Justification: The immediate closure of all or parts of the park during severe weather or other circumstances may be necessary for the protection of visitors and employees to prevent injury or death. Severe and sudden weather conditions or other circumstances can occur without advance notice. Therefore, closure authority is delegated to the on-site supervisor, so as not to needlessly endanger the visiting public during these times.)
Private Vessels
Private vessels are prohibited from using the shoreline above mean high tide within 200' of the fort and fort dock and within 50’of the visitor center dock as a place to beach or pull up on shore. Docking at, tying to, anchoring within 15’ of any dock structure or NPS vessel, boarding passengers from, or disembarking passengers to either of the park docks are prohibited at all times without written authorization from the park superintendent. Emergency response vessels are exempt from this prohibition.
(Justification: Beaching boats is prohibited to preserve shoreline vegetation, which is critical for shoreline stabilization. Private vessels are prohibited from using the Monument's docks due to the small size of the docks, and the fact that the operation of private vessels in the vicinity of the docks could place passengers and staff on the NPS ferry and docks in danger due to collision.)
Glass Containers
Glass containers of any type are prohibited in all parking lots, nature trail, boardwalks and beaches within the boundaries of the national monument. This includes beach areas east and west of highway A1A, including Rattlesnake Island.
(Justification: Most of the visitors utilizing the beaches, boardwalks and nature trail use these areas barefoot. Glass containers are prohibited due to the hazard broken glass represents to visitors. Glass containers will eventually become broken, jagged pieces of glass, partially buried in the loose sand, and frequently cause severe lacerations to exposed feet. This restriction provides protection for the public.)
Dock Use
Jumping, diving, snorkeling or swimming from the Monument's docks is prohibited.
(Justification: Recreational use of the docks would interfere with loading and unloading passengers on the ferryboat. The docks and the shore area surrounding them contain shells and other submerged objects that could cause injury or death.)
Dune Access
Entrance into the dune area on foot or by vehicle east and west of highway A1A is prohibited except when on designated trails and boardwalks.
(Justification: Fragile plants and several endangered species inhabit this ecosystem, unrestricted access would subject the system to excessive damage and deterioration.)
Recreational Activities
Organized athletic or recreational activities such as softball, football, soccer, Frisbee matches and other similar sports are prohibited within the boundaries of the monument. Other sporting events which could present a danger to other visitors, including but not limited to golf, archery, kite boarding and other activities, are prohibited.
(Justification: This is necessary to reduce likelihood of injury to park visitors.)
Children
Persons under the age of 16, riding the ferryboat and visiting the fort structure must be accompanied by an adult.
(Justification: Minimum age requirement is necessary to ensure those individuals riding on the NPS ferryboat and visiting the fort comply with safety regulations.)
Clothing
All visitors to the fort and visitor center must be wearing footwear of a type that covers, at a minimum, the entire sole of the wearer’s foot and provides some measure of protection against cuts and puncture wounds.
(Justification: Adequate footwear is necessary to protect the wearer from rough surfaces on the shell footpath and the fort decks).
Conservation Zones
All activity within the Conservation Zone is prohibited except at vehicle approaches, and pedestrian walkways and walkovers. The Conservation Zone is the area not less than 15 feet seaward from the seaward toe of the most seaward dune, dune scarp, sea wall or line of permanent vegetation, or one-half the distance to mean high-water level, whichever is the lesser.
(Justification: To protect endangered sea turtles during nesting season and be consistent with St. Johns County ordinances and the St. Johns County Habitat Conservation Plan).
The following activities are prohibited within the monument’s boundaries:
Preservation of Natural, Cultural and Archeological resources.
2.1 (7)(b)Visitors are restricted to the maintained portions of trails and boardwalks. Travel off the designated path is prohibited.
(Justification: The formation of secondary trails off the main path would lead to the deterioration of the surrounding natural resources.)
(a)(1)(ii) Possessing, destroying, injuring, defacing, removing, digging, or disturbing from its natural state: Plants or the parts or products thereof is prohibited. Tying, stringing, chaining or locking bicycles, mopeds, motorcycles, hammocks, slacklines, clotheslines, anchor lines or tarps to trees is prohibited.
(Justification: These closures are in place to protect fragile natural resources, habitats and environments and to provide for a safe and memorable visitor experience.)
Fishing
2.3 (a)Fishing is prohibited from all park boardwalks, docks, and from the shoreline above mean high tide within 50 feet of the docks.
(3)(6) Digging for bait, except in privately owned lands is prohibited.
(Justification: Fishing is not allowed form boardwalks during high tides due to the congestion of visitors to the park and to keep visitors safe from the possibility of casting hooks and other debris. Casting of weights and hooks is a safety hazard to visitors using the docks to board the NPS ferry boat. The digging for bait damages the natural environment and presents tripping hazards to park visitors.)
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Weapons
2.4 (a)(1)(ii)It is prohibited to carry openly or concealed any weapon to include clubs, edged weapons, firearms or facsimile thereof inside any federal facility to include the fort and ferry boat operation. See also, Florida statute Chapter 790 and 18 U.S.C 930.
(Justification: Concealed weapons permits do not authorize carry in federal facilities and the ferry operation is the only authorized transportation to Ft Matanzas. NPS trained individuals involved in or conducting living history programs are exempt from this prohibition while conducting business for the NPS.)
Camping
2.10 (b)(10) Camping within the boundaries of the national monument is prohibited. Camping is defined as the erecting of a tent or shelter of natural or synthetic material, preparing a sleeping bag or other bedding material for use, parking of a motor vehicle, motor home, or trailer or mooring of a vessel for the apparent purpose of overnight occupancy.
(Justification: Camping is prohibited due to the fragile environment, lack of facilities and the purpose for which the monument was set aside.)
Picnicking
2.11 Picnicking is allowed on the beach areas east and west of highway A1A and in the picnic area located in the grassy central area of the Visitor Center parking lot. It is prohibited in all other areas, including all trails and boardwalks.
(Justification: Picnicking in areas other than designated picnic areas detracts from the natural and historical setting of the park. Also, litter generated by picnicking is more easily controlled in designated areas.)
Audio Disturbances
2.12 The use of Grinch Winch and similar devices is prohibited on NPS beaches due to the noise level created. In addition, the wire associated with their operation creates a hazard to others in the area enjoying the beach and adjacent waters.
(Justification: Noise levels created by winch devices exceed acceptable levels and range above 60 decibels measured at 50 feet. Their operations also create a safety hazard to others in the area and to the operator due to their high speeds.)
Fires
2.13 (a)(1) Contained fires used for cooking are permitted on the beach when contained in devices specifically designed for that purpose. Open fires, other than for park administrative purposes, are prohibited within the Monument boundaries. Cooking, and the use of grills, stoves and other devices used for cooking is prohibited at the visitor center picnic area unless permission is granted in writing from the Superintendent.
(Justification: Only fires contained in grills are allowed on the beach to reduce litter and minimize risk of burns to visitors. Cooking and the use of grills and fires are prohibited at the visitor center picnic area to minimize the burn hazard to visitors, and to prevent wildfires.)
Pets
2.15 (a)(1)Pets are prohibited on the passenger ferry and at the fort. This section does not apply to animals specially trained and certified for use as “service animals”. Service animals are defined as “a dog that has been individually trained to do work or perform tasks for the benefit of an individual with a disability. The rule states that other animals, whether wild or domestic, do not qualify as service animals. Dogs that are not trained to perform tasks that mitigate the effects of a disability, including dogs that are used purely for emotional support, are not service animals.”
(Justification: Pets are prohibited at the fort and aboard the tour boat for safety reasons and to reduce the opportunity for conflict due to human & pet interactions.)
(a)(5)Any person or legal entity, who owns, is in charge of, responsible for or in control of any pet must, when within the Monument grounds, collect and remove to a proper waste receptacle any excrement left by the pet.
(Justification: Owners are required to clean up pet excrement and dispose of the excrement in a suitable trash receptacle. This is required due to the high percentage of bare foot visitors in the park and beach area and the possibility of pet to human disease transmission through failure to remove the excrement.)
Smoking
2.21 (a)Smoking, including the use of E-cigarettes or similar devices is prohibited in all public park buildings, aboard the NPS ferry boat, on the grounds immediately surrounding the fort and inside Fort Matanzas.
(Justification: Smoking is prohibited to prevent the danger of fire and to comply with government smoking regulations.)
Alcoholic Beverages
2.35(3)(i) The superintendent may close all or a portion of a public use area or public facility within a park area to the consumption of alcoholic beverages and/or to the possession of a bottle, can or other receptacle containing an alcoholic beverage that is open, or that has been opened, or whose seal is broken or the contents of which have been partially removed.
- The following locations are closed to the consumption, use and possessions of alcohol:
- Visitor center, visitor center picnic area, government offices and buildings, unless authorized by a Special Use Permit by the Superintendent
- All portions of the beach within the jurisdiction of the park, boardwalks and walking trails within the boundaries of the national monument
(Justification: These areas are where the public engages in business with the government or participates in interpretive and educational opportunities. As such, the consumption or possession of an open container would be inappropriate considering the uses of the location and the purpose for which they are maintained and established. Visitors are reminded that the possession of an open container of alcohol is prohibited within 600 ft of the shoreline on all beaches within St. Johns County. Additionally, county ordinances prohibit the use of any glass bottle or container outside the confines of any vehicle. These prohibitions are in place to maintain consistent safe beach management policies and practices with the neighboring jurisdiction of St. Johns County, Florida.)
Demonstrations and Designated Available Park Areas
2.51 Permits associated with First Amendment activities are necessitated by the group size. First Amendment Activities may include demonstrations, 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. Excluded from this definition is the casual park use by visitors which is not reasonably likely to attract a crowd or onlookers. The Superintendent shall, within ten (10) days of receiving a complete and dully executed application, issue a permit or written denial. (b) Permits and the small group exception: 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. This group must not unreasonably interfere with other demonstrations, special events or park program activities. Individuals and small groups who take advantage of the permit exception may make use of hand-carried signs, but not stages, platforms, amplified sounds or structures. 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. A large group is defined as more than 25 people and is required to obtain a First Amendment Permit even if they are utilizing a park designated First Amendment location. There are no fees associated with First Amendment right permits. No public assembly permits shall be issued for a period in excess of 14 days.(c) Designated available park areas: Refer to the attached map (See Attachment A) for areas open to first Amendment activities. The Visitor Center Picnic Area is the designated First Amendment area. Any area not designated for these activities would require a permit regardless of size.
(Justification: Freedom of speech, press, religion and assembly are constitutional rights. However, the courts have recognized that activities associated with the exercise of these rights may be reasonably regulated to protect legitimate government interests such as the protection of park resources. Therefore, in order to protect these resources, the NPS may regulate certain aspects of First Amendment activities, such as the time, the place and the manner in which they are conducted. It is the conduct associated with the exercise of these rights that is regulated and not the content of the message.)
Those groups or individuals using park land for activities protected under the First Amendment of the U.S. Constitution are subject to all applicable local, state and federal laws.
