Permit & Picnic Regulations

Record of Determination for a Public Use Limitation to Prevent Spread of COVID-19

This is a decision under 36 CFR 1.5 (c), and is limited to Interior Region 1- National Capital Area (NCA) parks. The National Park Service (NPS) is extending the public use limitation for all permitted events and demonstrations for the parks covered by the regulations at 36 CFR 7.96. This continues in response to public health advisories and limitations on mass gatherings from the Centers for Disease Control (CDC) and from the state and local jurisdictions where these parks are located. Specifically, the NPS will not accept applications for permits and demonstrations or special events through June 22, 2020. All events currently scheduled before June 22, 2020 will be cancelled or postponed to a later date, at the discretion of the applicant.

Because each jurisdiction is progressing through its phased recovery plan at a different rate, the NPS will reevaluate the postures of each jurisdiction and issue updated guidance on June 22, 2020. This limited public use restriction is based on the recommendations of the CDC and generally aligns with the local conditions in the affected localities and states.

Consistent with our decision not to issue permits for public gatherings, no event that would require a permit under the small group exception enunciated in 7.96 (g)(2)(i) will be permitted in any area covered by regulations at 36 CFR 7.96 This guidance generally aligns with guidelines for mass gatherings in the District of Columbia (https://coronavirus.dc.gov/sites/default/files/dc/sites/coronavirus/page_content/attachments/MO2020-067.pdf), Maryland (https://governor.maryland.gov/wp-content/uploads/2020/06/Gatherings-EIGHTH-AMENDED-6.3.20.pdf), and Virginia (https://www.governor.virginia.gov/media/governorvirginiagov/executive-actions/EO-61-and-Order-Of-Public-Health-Emergency-Three-AMENDED---Phase-One-Easing-Of-Certain-Temporary-Restrictions-Due-To-Novel-Coronavirus-(COVID-19).pdf) .

The limited number of areas where a larger small group exception normally exists by regulation at 7.96 (g)(2)(ii) will operate under the small group exception at 7.96 (g)(2)(i). This limited public use restriction is informed by the recommendations of the CDC and after consultation with affected localities and states. This is an unprecedented public health emergency. The NPS will continue to coordinate and consult with federal and local public health agencies and will periodically revisit this decision.

These public use limitations are necessary to ensure the safety of visitors and employees and prevent the spread of a disease that has already been designated as pandemic by the World Health Organization. Visitors may still visit open areas of the parks, and demonstrate without a permit in small groups, with adherence to guidelines for protecting vulnerable populations, hand hygiene, and social distancing.

The use limitation will not adversely affect the park’s natural, aesthetic or cultural values; nor require significant modifications to the resource management objections; nor given the circumstances should it be of a highly controversial nature. Accordingly, the NPS determines publication as rulemaking in the Federal Register is unwarranted under 36 C.F.R. § 1.5(c). This is consistent with hundreds of earlier partial and temporary park closures or public use limitations, the legal opinion of the Office of the Solicitor, and judicial adjudications. Mahoney v. Norton, No. 02-1715 (D.D.C. August 29, 2002), plaintiff’s emergency motion for injunction pending appeal denied Mahoney v. Norton, No. 02-5275 (D. C. Cir. September 9, 2002) (per curiam); Picciotto v. United States, No. 99-2113 (D.D.C. August 6, 1999); Picciotto v. United States, No. 94-1935 (D.D.C. September 9, 1994); Picciotto v. Lujan, No. 90-1261 (D.D.C. May 30, 1990); Picciotto v. Hodel, No. 87-3290 (D.D.C. January 26, 1988); Spiegel v. Babbitt, 855 F.Supp. 402 (D.D.C. 1994) aff’d in part w/o op. 56 F.3d 1531 (D.C. Cir. 1995), reported in full, 1995 US App. Lexis 5200 (D.C. Cir. May 31, 1995). Pursuant to 36 C.F.R.§ 1.7, notice of this public use limitation will be made through media advisories, maps, and by posting at conspicuous locations in the affected park areas and park websites. Finally, pursuant to 36 C.F.R. § 1.5(c), this determination is available to the public upon request.

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Lisa Mendelson-Ielmini
Acting Area Director
Interior Region 1 – National Capital Area

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National Capital Parks-East will not accept applications for permits for demonstrations or for special events that are scheduled to occur until June 22nd. All events currently scheduled will be cancelled or postponed to a later date, at the discretion of the applicant.

If you apply to host an event scheduled after June 22nd:
Depending on conditions when your event is scheduled, the National Park Service may make changes to permits it issues or cancel events in order to implement public health guidance.

 

The use of Fort Washington Park for any permitted activity is conditional and any violation of National Park Service regulations may result in the immediate expulsion from the park. The complete list of park regulations can be found in Code of Federal Regulations (CFR 36).

• All park visitors are responsible for complying with park regulations and public law. Permit holders are also responsible for the conduct of the group and may be held liable for any damage to government property.
• Fort Washington is an alcohol free park. Alcoholic beverages of all types are prohibited in the park.
  
• DJs or amplified music are not allowed in the park.
  
• Amusements such as slides, space walks, pony rides, bouncy castles and other activities that require a structure or use of animals will not be allowed in the park. Be sure to check with the park before arranging for any type of amusement service.
  
• Open fires are prohibited. All fires must be in the established fireplaces or charcoal grills and fires must be extinguished before leaving the picnic area.
  
• Portable, self-standing charcoal grills may be brought into the park and used in the picnic area.
  
• Propane and tabletop grills are not allowed.
  
• There is no electricity in the picnic areas.
  
• Generators are only allowed by permit only and must conform to the safety regulations stated within the permit.
• Dogs and other pets must be on a leash at all times. Owners are responsible for cleaning up after their pets.
  
• Contributions must not be solicited or accepted unless specifically allowed within the terms of a permit and ALL SALES ARE PROHIBITED in the park.
  
• Drivers must observe all traffic rules and drive carefully at all times. The maximum speed limit in the park is 15 mph.
  
• Vehicles must stay on established roads and park only in marked spaces within designated areas.
• Vehicle parking on the grass is not allowed and permit holder may be charged the cost of repairing any damage to lawn areas.
• Permittee may NOT drive on the grass to unload/load.
  
• Tables are not to be moved from one area to another. Each area has enough tables to accommodate the maximum capacity of the area.
  
• Signs, banners, markers, or other devices are not to be attached to any tree, park sign, lamp post, fence or other structures. Self-standing signs may be used to identify the picnic group but must be removed before leaving the area. Balloons are not allowed to be placed or tied on any table or sign.
• Screen type tents or sun protection may be erected provided the structure is less than 15 feet long and 15 feet wide and stakes do not exceed 18 inches.
• Any permitted ceremonies (i.e. weddings) must be concluded by 5:00 pm.
• If more than one area of the "B" picnic areas are rented by one group or individual, it is required to contact the park within 48 hours for additional requirements or permits concerning the use of more than one B areas. Failure to contact the park may result in cancellation of the reservation.