Superintendent's Compendium

 

A. Introduction

1. Superintendent’s Compendium Described

The Superintendent’s Compendium is the summary of park specific rules implemented under 36 Code of Federal Regulations (36 CFR). It serves as public notice, identifies areas closed for public use, provides a list of activities requiring either a special use permit or reservation, and elaborates on public use and resource protection regulations pertaining specifically to the administration of the park. The Superintendent’s Compendium does not repeat regulations found in 36 CFR and other United States Code and CFR Titles, which are enforced without further elaboration at the park level.

The regulations contained in 36 CFR, Parts 1-7, are the basic mechanism used by the National Park Service (NPS) to preserve and protect the natural and cultural resources of the park and to protect visitors and property within the park. Parts 1 through 6 are general regulations applicable to all areas of the National Park system, and Part 7 contains special regulations specific to individual parks. Each of these Parts has many sections and subsections articulating specific provisions. Within some of these Part 1-7 sections and subsections, the superintendent is granted discretionary authority to develop local rules to be responsive to the needs of a specific park resource or activity, park plan, program, and/or special needs of the general public.

As an example, 36 CFR 1.5(a) Closures and Public Use Limits provides the superintendent certain discretion in allowing or disallowing certain activities. The authority granted by the Section, however, requires the superintendent to comply with the Administrative Procedures Act (6 USC Section 551), which requires public notice on actions with major impact on visitor use patterns, park resources or those that are highly controversial in nature.

Another example is 36 CFR 1.6 Permits, which allows the superintendent to require a permit for certain uses and activities in the park. This Section, however, requires that a list of activities needing a permit (and a fee schedule for the various types of permits) be maintained by the park.

A final example is 36 CFR 2.1(c) (1) Preservation of Natural, Cultural and Archeological Resources, which provides the superintendent the authority to designate certain fruits, nuts, berries or unoccupied seashells which may be gathered by hand for personal use or consumption. This activity can occur, however, only if a written determination shows that the allowed activity does not adversely affect park wildlife, the reproductive potential of a plant species, or otherwise adversely affect park resources.

This Compendium should be used in conjunction with Title 36 CFR, Parts 1-7, to more fully understand the regulations governing the use and enjoyment of all the areas of the national Park System.

A copy of Title 36, CFR, can be purchased from the U.S. Government Printing Office at:
Superintendent of Documents
P.O. Box 371954
Pittsburgh, PA 15250-7954
The CFR is also available on the Internet at:
www.ecfr.gov

2. Laws and Policies Allowing the Superintendent to Develop This Compendium

The National Park Service (NPS) is granted broad statutory authority under 54 United States Code (U.S.C.) Section 100101, and Section 100301 et.seq. (Organic Act of 1916, as amended) to “…regulate the use of the Federal areas known as national parks, monuments, and reservations…by such means and measures as conform to the fundamental purposes of the said parks…which purpose is to conserve the scenery and the natural and historic objects and the wildlife therein and to provide for the enjoyment of the same in such manner and by such means as will leave them unimpaired for the enjoyment for future generations” (54 USC §100101(a)). In addition, the NPS Organic Act allows the NPS, through the Secretary of the Interior, to “make and publish such rules and regulations as he may deem necessary or proper for the use and management of the parks, monuments, and reservations under the jurisdiction of the National Park Service” (54 U.S.C. §10751).

In 1970, Congress amended the NPS Organic Act to clarify its intentions as to the overall mission of the NPS. Through the General Authorities Act of 1970 (54 U.S.C. §100101(b)), Congress brought all areas administered by the NPS into one National Park System and directed the NPS to manage all areas under its administration consistent with the Organic Act of 1916.

In 1978, Congress amended the General Authorities Act of 1970 and reasserted System-wide the high standard of protection defined in the original Organic Act by stating “Congress further reaffirms, declares, and directs that the promotion and regulation of the various areas of the National Park System, as defined by §100101(b) of this Title, shall be consistent with and founded in the purpose established by §100101(b) of this Title, to the common benefit of all people of the United States.”

54 U.S.C. §100102 defines the National Park System as”…any areas of land and water now or hereafter administered by the Secretary of the Interior through the National Park Service for park, monument, historic, parkway, recreational, or other purposes.”

In addition to the above statutory authority, the superintendent is guided by established NPS policy as found in the NPS Management Policies (2006). The superintendent is also guided by more specific policies promulgated by the Director, National Park Service, in the form of Director’s Orders. As stated in the Management Policies, the primary responsibility of the NPS is to protect and preserve our national natural and cultural resources while providing for the enjoyment of these resources by visitor and other users, as long as use does not impair specific park resources or overall visitor experience. The appropriateness of any particular visitor use or recreational experience is resource-based and will vary from park to park; therefore, a use or activity that is appropriate in one park area may not be appropriate in another. The superintendent is directed to analyze overall park use and determine if any particular use is appropriate. Where conflict arises between use and resource protection, where the superintendent has a reasonable basis to believe a resource is or would become impaired, than that superintendent is obliged to place limitations on public use.

3. Consistency of This Compendium with Applicable Federal Law and Requirements

The Superintendent’s Compendium is not considered a significant rule requiring review by the Office of Management and Budget under Executive Order 12866. In addition, this Compendium will not have a significant economic effect on a number of small entities nor impose a significant cost on any local, state or tribal government or private organization, and therefore does not fall under the requirements of either the Regulatory Flexibility Act or the Unfunded Mandates Reform Act.

The actions and requirements described in this Compendium are found to be categorically excluded from further compliance with the procedural requirements of the National Environmental Policy Act (NEPA) in Department of the Interior (DOI) Guidelines 516 DM 6 and as such, an Environmental Assessment will not be prepared.

4. Development of the Requirements of the Superintendent’s Compendium

As outlined above, the NPS has broad authority and responsibility to determine what types of uses and activities are appropriate in any particular National Park System area. The requirements of the Superintendent’s Compendium are developed through an analysis and determination process. The decision criteria used during this process are:

  • Is the use or activity consistent with the NPS Organic Act and NPS policy?
  • Is the use or activity consistent and compatible with the park’s enabling legislation, management objectives, and corresponding management plans?
  • Will the use or activity damage the park’s protected natural and cultural resources and other protected values?
  • Will the use or activity disturb or be in conflict with wildlife, vegetation, and environmental protection actions and values?
  • Will the use or activity conflict with or be incompatible with traditional park uses and activities?
  • Will the use or activity compromise employee or public safety?

5. Applicability of the Compendium

The rules contained in this Compendium apply to all persons entering, using, visiting or otherwise present on federally owned lands, including submerged lands, and waters administered by the NPS within the legislative boundaries of the park. This includes all waters subject to the jurisdiction of the United States, including all navigable waters.

6. Enforcement of Compendium Requirements

NPS Law Enforcement Park Rangers and United States Park Police enforce the requirements of the United State Code, 36 CFR, and this Superintendent’s Compendium.

7. Penalties for Not Adhering to the Compendium Requirements

A person who violates any provision of the regulations found in 36 CFR, Parts 1-7, or provisions of this Compendium, is subject to a fine as provided by law (18 U.S.C. 3571) up to $5,000 for individuals and $10,000 for organizations, or by imprisonment not exceeding six months (18 U.S.C. 3559), or both, and shall be adjudged to pay all court costs associated with any court proceedings. You may receive a list of fines associated with any particular provision by contacting the Chief Ranger at the park address found below.

8. Comments on the Compendium

The Compendium is reviewed annually and revised as necessary. The park welcomes comments about its program and activities at any time.

9. Effective Date of the Superintendent Compendium

The Superintendent’s Compendium is effective on the approval date listed on the first page of this document, and remains in effect until revised for a period up to one year.

10. Additional Information

Some of the terms used in this Compendium may have specific meaning defined in 36 CFR 1.4 Definitions.

11. Availability

A PDF is available here. Copies of the Compendium are also available at Building 210, New York Avenue, Staten Island NY 10305.

2024 Superintendent's Compendium


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 54 United States Code, Section 100101, 100751, 100752, 100753, 102102, and 103104 (e.g. previously 16 USC Section 3) the following provisions apply to all lands and waters administered by the National Park Service, within the boundaries of Gateway National Recreation Area (GNRA). 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.

 

Section 1.5 Visiting Hours, Public Use Limits, Closures and Area Designations for Specific Use or Activities


36 CFR § 1.5 - Closures and Public use Limits

Parkwide
The superintendent may temporarily close all or portions of the park during or as a result of emergency situations or hazardous conditions, which includes inclement weather. Closures will be identified by posted signs, maps, media notifications and by barriers and/or gates as appropriate. All permanent closures will be in accordance with the rulemaking procedures in the Federal Register.

Justification: Park roads and facilities may be closed during periods of inclement weather or other hazardous conditions in order to provide for visitor safety. Areas of new construction, reconstruction or rehabilitation may be closed to visitors for safety reasons and to avoid conflicts with authorized work.

Jacob Riis Park Bay 1, Bay 3 west, Bay 4, and Bay 5 east beaches are closed to access and swimming. Justification: Significant erosion has created extremely unsafe conditions, exposing deteriorating wooden groins, rockwork, and other structures. During high tide the erosion has also caused a significant reduction in beach area.

Standard Regulations

36 CFR § 1.5 - Closures and Public use Limits
In accordance with § 1.5(a)(1), the following closures have been established for the park:(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

In accordance with § 1.5(a)(1), the following visiting hours have been established for the Park:

 

Public Use Limits - Illumination:

The following public use limits for Illumination have been established for the Park: Illumination of or projections on NPS structures by third parties at Gateway is prohibited, except for limited circumstances under a special event permit issued at the discretion of the Superintendent where there is a meaningful association between the structure and the proposed event, and the event supports the NPS mission and interpretive themes and does not result in impairment of park resources or the visitor experience. The NPS does not consider the fabric of building and monuments themselves available for private speech but reserves the structures and monuments themselves for communicating messages related to the Park’s value, and interpretive themes.

Justification: Current projection technology allows lights and images to be projected from open areas of System units onto resources in open or closed areas. These projections across and onto open and closed areas may impact resources, the visitor experience and NPS operations. Although lighting and projecting images are not intended to permanently change the appearance of a physical resource, such as a facility or monument, authorizing the lighting or projection of images related to causes, issues, people, organizations, or viewpoints often results in unintended consequences. In order to promote public trust in the NPS’s ability to manage activities that occur within System units for the protection of resources, the NPS will not be responsible for deciding which causes, issues, people, organizations or viewpoints are worthy of recognition through lighting or projecting images onto such resources, including facilities and monuments.

 

Public use limits:

In accordance with § 1.5(a)(1), the following public use limits (parkwide capacity) have been established for the Park:

Parkwide Capacity limits for all public structures are set by code and posted, where applicable.

Justification: Limiting the number of people in buildings is required by life safety codes.

* Special events at Floyd Bennett Field are limited to 5,500 people during peak summer season, July 1 and Sept. 7.

* Special events at Jacob Riis Park are limited to 2,000 people during peak summer season, July 1 and Sept. 7.

* No more than one special event will be permitted No more than one special event will be permitted in any one location of the Jamaica Bay Unit on any given day during peak summer season, July 1 through Sept. 7. Permits are issued on a first come, first served basis.

* Special events occurring Sept. 8 through June 30 are limited to attendance of 10,000 people.

Justification: Special event limits reflect carrying capacity, resource protection, and health and safety issues for visitors and staff.


The following vehicular capacities have been established by the superintendent for the following areas in regards to motor vehicle access between July 1 and September 7.

Jamaica Bay Unit

Location Capacity (Vehicles)
Canarsie Pier 327
Floyd Bennett Field 3000
Fort Tilden 534
Jacob Riis 8500
Jamaica Bay Wildlife Refuge 76
North Channel Bridge 85
Riis Landing 90

Justification: Allowing more vehicles into these areas than available parking space causes damage to park resources and facilities and compromises visitor safety.
Sandy Hook has 4200 beach parking spaces. When these spaces are full, the vehicle entrance to the park is restricted to non-recreational users, residents, and those individuals occupying a facility subject to the terms and conditions of a government instrument.

Justification: Allowing more vehicles into the park than available parking spaces causes damage to park resources and facilities and compromises public safety.

The following parking time limits have been established by the superintendent for the following areas:

Sandy Hook Unit
Location Time Limit
Spermacetti Cove Visitor Center * 2 hours
Entrance Station 10 minutes
Fort Hancock Building #58 Parking Lot Authorized Use Only
Fort Hancock Building #26 Parking Lot ** Authorized Use Only
Fort Hancock Building #32 Parking Lot Authorized Use Only
Sandy Hook Lighthouse 2 hours
N Lot (across from Building #58) 2 hours

Note: *Spermacetti Cove Visitor Center is currently closed due to damage sustained from Hurricane Sandy.
** Restriction does not apply to park staff or persons on official park business.

Justification: The areas listed are not beach use lots and in order to accommodate non-beach use visitors and their vehicles, a parking duration limit time has been set.

The following parking time limits have been established by the superintendent for the following areas:

Staten Island Unit
Location Time Limit
Ft Wadsworth Bldg 120 Parking Lot Visitor Parking and Authorized Use Only
Ft Wadsworth Hudson Road Parking Lot Visitor Parking and Authorized Use Only

* Special events at Miller Field are limited to 250 participants; 100 participants at the picnic area. The parking lot may not be used for special events, sports, recreational classes, or activities; except by NPS issued permit or other legal instrument.

* Special events at Great Kills Park are limited to 250 participants. The parking lot may be not used for special events or activities; except by approved NPS permit.

Justification: Special event limits reflect carrying capacity, resource protection, and health and safety issues for visitors and staff.

 

Closures and Restrictions

In accordance with § 1.5(a)(1), the following closures have been established for the Park:

Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of Gateway National Recreation Area is prohibited except as approved in writing by regional aviation manager, ADVRP or in limited instances, the park superintendent.

Definition: 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, communicator 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.

NYC Administrative Code § 10-126 Aviation in and over the city-
Take offs and landings. It shall be unlawful for any person to pilot, steer, direct, fly or manage an aircraft in or through the air, whether controlled from the ground or otherwise, an aircraft to take off or land, except in an emergency, at any place within the limits of the city other than places of landing designated by the department of transportation or the port of New York authority.
The superintendent may temporarily close all or portions of the park during or as a result of emergency situations or hazardous conditions, which includes inclement weather. Closures will be identified by posted signs, maps, media notifications and by barriers and/or gates as appropriate. All permanent closures will be in accordance with the rulemaking procedures in the Federal Register.

Justification: Park roads and facilities may be closed during periods of inclement weather or other hazardous conditions in order to provide for visitor safety. Areas of new construction, reconstruction or rehabilitation may be closed to visitors for safety reasons and to avoid conflicts with authorized work.

Note: Public notice regarding closures can be found on Gateway National Recreation Area social media websites, the Gateway homepage at www.nps.gov/gate, and via local news media.

Unless otherwise identified, all structures, buildings, houses and remnants, to include historic gun batteries and other military fortifications are closed to the public. (See the Visiting Hours section for public use facilities).

Justification: Some non-public structures are only for Park administrative purposes while other structures and remnants may be unsafe. These historic structures are in various conditions of repair, some may be hazardous.

* The primary dune systems along the ocean and bay shorelines are closed to the public except at designated dune crossings.
* Marshes and wetlands.

Justification: Dunes are fragile resources and easily harmed by social trails. Dune systems protect upland areas from storm surge. Dunes are easily damaged and destabilized when vegetation is trampled. Marshes and wetlands are fragile resources and provide important habitat and storm surge protection.

As needed to protect park resources, to include threatened and endangered species, the superintendent or his/her designee may restrict public access to portions of the park on a temporary basis. This may include large areas of the seashore on the ocean and bay sides. Closures will be designated by signs and some type of physical barrier (i.e., string line, composite markers/posts, etc.).
○ Access is prohibited within 150 feet of posted shorebird nesting areas.

Justification: Threatened and endangered shorebirds (e.g., piping plovers) are very susceptible to disturbances, particularly during nesting season. Visitors cause disturbances to the shorebirds natural environment, which in turn can cause the nest failures.

36 CFR §1.5 and in accordance with §3.17(c), the superintendent has restricted the following activities or items on swimming and bayside beaches:

* Glass containers, prohibited at all times

* Tents, shade structures, prohibited at all times (see below for umbrella restrictions)

* Umbrellas, prohibited at all times, except for umbrellas with mounted pole and no larger than 8' in diameter

* Fire or any other combustibles, prohibited at all times, except on Sandy Hook designated Fishing Beach by permit.

* Grills, barbecues, prohibited at all times.

* Power Generators or inverters, prohibited at all times.

* Electrical appliances, prohibited at all times.

* Amplified sound producing devices, prohibited at all times.

* Tables, prohibited at all times.

* Warming trays, prohibited at all times.

* Fishing, on designated lifeguarded swimming when lifeguards are on duty..

* Kite flying, on ocean beaches when lifeguards are on duty and on any beach with posted shorebird nesting areas.

* Scuba diving and snorkeling, at all times.

* Alcohol, at all times, as follows: Sandy Hook Unit - within the entirety of Sandy Hook; Jamaica Bay Unit- Jacob Riis Park lifeguarded beach and Fort Tilden beach; and, Staten Island Unit - Great Kills Park lifeguarded beach.

* Smoking, at all times

* Coolers more than 24-quart capacity, at all times.

* Vessels, at all times, except by authorization or NPS program.

* Dogs and all pets, prohibited at all times, on bayside beaches with posted shorebird nesting areas and all ocean beaches from March 15 to September 15.

* Events of any kind exceeding 25 people, except by permit or other legal authorization.

* Windscreens prohibited on designated lifeguard swimming beaches within 25 feet of high tide (wrack) line an must not be between lifeguard stands and the waterline. No physical structure or combination of such structure may exceed 36 inches in height, 15 feet in uninterrupted straight length with no curves or bends. An obstruction-free corridor measuring at least 15 feet must be maintained between the barriers specified above to ensure free access. The construction of windscreens from driftwood is prohibited.

* Sports/Frisbee/Ball playing, restrictions as follows:
- Prohibited on designated lifeguard swimming beaches except by special use permit or other legal authorization or be restricted to less populated areas within the swimming beach or restricted to areas outside the designated swimming beach.
- Prohibited on all beaches within 150 feet of posted shorebird nesting areas from March 15 to September 15.


Justification: These restrictions have been established for visitor safety and to minimize conflicts, disorderly offenses, hazardous conditions and unintended consequences that would likely impact park visitors if these activities were allowed.

Note: A portion of Area “G” (South Gunnison) on Sandy Hook is used by visitors as a clothing optional area. While this area is not designated as clothing optional, there is no prohibition against this activity. The Park acknowledges the popularity and history of the use and advises unfamiliar visitors of this activity through signs. Nudity, outside the traditional use area, may be considered Disorderly Conduct (36 CFR §2.34(a)(2)).

All vegetated wetland areas are closed to visitor access.

Justification: Wetlands are fragile ecosystems and are easily damaged by people and vehicles.

The following areas are closed to public use or access:

* West Beach back dune and grassland areas and all other dune systems are closed to visitor use.

* All Grassland Management Areas on Floyd Bennett Field.

* All islands within Jamaica Bay (above mean high water line also, no access on islands or within 300 feet of vegetated shoreline of marsh islands).

* Ecology Village Campgrounds (except by legal authorization).

* Dead Horse Bay land area from the Marine Parkway Bridge on the south to the Marina of the Future’s southernmost property line, Flatbush Ave. on the East and the shoreline on the west*


Justification: These closures are in place to protect fragile natural resources, habitats and environments and to provide for a safe and memorable visitor experience. * The area identified within Dead Horse Bay is closed to all visitor activities due to potentially hazardous contaminations.

The following roads and areas are closed to public motorized vehicle use:

* All roads in the “Back Fort” historic area in Fort Tilden, west of Hero Road.

* Beach 169th Street, south of the “Do Not Enter” sign.

* Riis Park Boardwalk.

* Shore Road East and Davis Road south of Beach 169th Fort Tilden from March 15 - September 15.

* The Riis Landing Basin parking lot located behind old Station Rockaway.

* Vehicle access to the beach at the Breezy Point Tip is prohibited from March 15 through August 31.

* Roads leading to, and areas immediately surrounding park housing, are closed to visitor access, with the exception of Aviation Road for pass through to permit only fishing areas.

* Floyd Bennett Field, Ranger Road, east of the Building #272 access road (Navy Pier area) is closed to visitor access.

* All unpaved roads within the North Shore District (North Forty, Dead Horse Bay, Raptor Point Trail, and campgrounds).

* Flatbush Avenue Greenway (Multi-Use Pathway – MUP).

* All roads (paved and unpaved) within the Jamaica Bay Wildlife Refuge.

* Runways 6-24, 11-19 and 12-30.


Justification: These roads are closed to protect park visitors, staff and resources, to limit conflicts with pedestrians, or because they do not meet highway standards.

Parking Restrictions:
* Parking is only allowed in designated parking spaces; parking on grassed areas, natural areas prohibited.
* All roadsides (shoulders) are closed to parking and stopping.
* Parking at Bay 3 East parking lot allowed for NPS staff and accessible parking only May 15-September 15.
* Parking by permit for Fishing Access only:
- Jamaica Bay Unit
222nd Street Fishing Lot, Breezy (all times)
Fort Tilden Interior (March 15- September 15)
Riis Landing (all times)
193rd Street Fishing Lot, Fort Tilden (all times)
Shore Road East, Fort Tilden (all times September 16-March 14)
Aviation Road, Floyd Bennett Field (all times)
- Staten Island Unit
Crooke's Point (all times)
- Sandy Hook
Fishing Lot F (all times)
* Parking after park hours requires a permit

Justification: Parking restrictions are in place for park resources and visitor safety. Roadside parking damages road shoulders and creates safety hazards for vehicle traffic and pedestrians. Illegal parking damages resources and creates unsafe conditions.

Canarsie Pier is closed to carpooling, mass transit and commuter parking. Parking is for park visitor use only.

Justification: Use by commuters would limit access for park visitors.

All roadsides (shoulders) are closed to parking and stopping, except as designated for the following locations:

* Fishing beach at Area F.

* Paved pull-out at Horseshoe Cove (Loading and unloading only).


Justification: Roadside parking damages road shoulders and creates safety hazards for vehicle traffic and pedestrians.

The following areas are closed to visitor parking:


* The three National Oceanic & Atmospheric Administration (NOAA) parking lots.

* All Beach Center loading docks and storage areas.

* Lot A is closed from the Friday before Memorial Day until Labor Day.


Justification: Parking restrictions and designations are made to facilitate the administrative needs of the park and its cooperators and provide for visitor and staff safety.

The following areas are closed to public use or access:

* The Holly Forest, west of Hartshorne Drive, north of the observation boardwalk and south of Horseshoe Cove is closed to the public, except by reservation or guided tour.

* The freshwater marshes south east of Guardian Park and north and south of the Nike Missile Launch Site (except for the access to the public bird observation blind at Nike Pond).

* The bayside saltmarshes of Spermaceti Cove, Skeleton Hill Island and Horseshoe Cove (north of the boardwalk).


Justification: These public use closures are in place to protect fragile natural resources, habitats and environments of the holly forest, the freshwater marshes and the saltwater marshes and to provide for a safe visitor experience.

White Road, between South Gunnison Beach and Atlantic Drive is an emergency access point and is closed to public access.

Justification: This road is the primary emergency access road to Gunnison Beach and it has sections that are very narrow through steep dunes on soft sand. Pedestrians hinder emergency response as there are limited areas for them to leave the road.

* Vehicle access road (dirt road) across from Beach areas “C” and “D” which runs parallel with Hartshorne Dr. South is closed to vehicular access and is for official government vehicle use only. (This road is for Resource Protection Ranger and other authorized NPS/Gov. personnel/ vehicle access only for park operational purposes).

* Kessler Rd. for “Authorized Vehicle” use only.


Justification: Kessler Rd. is too narrow for two-way traffic and parking. Allowing vehicles to park along this roadway becomes a pedestrian and vehicle safety concern and also promotes picnicking in unauthorized areas along the Parade Grounds.

Permit is required to access the Sandy Hook Campground campsites. The campground parking lot is designated for campers only from April 1 to Columbus Day, a Campground parking permit is required at all times to park in this lot.

Justification: Campsites are for campers only, to protect the campers and their enjoyment; the campsites are closed to the public.

The following areas are closed to public use or access:

* All marshes (except by permit).

* Hoffman and Swinburne Islands (except by permit).

* Areas of Great Kills Park southeast of Hylan Boulevard and north of Great Kills Harbor to a line approximately 1000 feet south of Wetland Road are fenced, signed and identified on area maps as closed to visitation due to radium contaminated soil.

*Battery Weed (except by NPS tour) and seawall, Fort Tompkins (except by NPS tour), all other batteries and fortifications within Fort Wadsworth.


Justification: These public use closures are in place to protect fragile natural resources, habitats and environments of the marshes and provide for a safe visitor experience.

The following roads and areas are closed to public motorized vehicle use:

* Weed Road at Fort Wadsworth, except by permit or other legal instrument.

* Hudson Road at Fort Wadsworth, except by permit or other legal instrument (TBTA access is permitted)

* Roads leading to or surrounding employee housing, including North Road, South Road, Clifton Drive and USS New Mexico Court. This does not include Mont Sec Avenue.

* USS North Carolina Rd. between Range Rd. and USS Connecticut Ct.


Justification: Vehicle restrictions on Weed Road are in place to reduce pedestrian safety hazards. Vehicle restrictions around park housing are in place to reduce traffic congestion and increase safety and security. Vehicle restrictions on USS North Carolina Rd between Range Road and USS Connecticut Ct. are in place for pedestrian and bicycle safety as road closures at USCG housing areas have blocked roadways and vehicles must turn around in roadways.

All roadsides (shoulders) are closed to parking and stopping, except as designated for the following locations:

* Harbor Road in Great Kills Park.

* Chapel on New York Avenue at Fort Wadsworth (during services only).

* South side of Mont Sec Avenue at Fort Wadsworth.

* Battery Road at Building 301 and 305 at Fort Wadsworth.

* Miller Field Picnic Area (loading and unloading only).

* Fort Wadsworth Hudson Road Overlook (stopping by permit only).


Justification: Roadside parking damages road shoulders and creates a hazard for traffic and pedestrians.

 

1.5 (a)(2) Areas designated for specific uses and/or activities



 

1.5 (a)(2) Areas designated for specific uses and/or activities

Note: Area designations and activity conditions or restrictions will be addressed under the section of 36 CFR that codifies that particular activity. For example, 36 CFR § 2.11 applies to picnicking and under that authority the superintendent may restrict picnicking and establish conditions for picnicking in areas where picnicking is allowed. Those area designations and activity conditions or restrictions not codified in a particular section of 36 CFR will be addressed in this section.

 

Activities That Require a Permit

In accordance with 36 CFR §1.6(f), the following is a compilation of those activities for which a permit from the superintendent is required:

* Entering or remaining in the park after Park Hours of Operation, except for third party occupants authorized by a government instrument.

* 36 CFR §1.5 (d) Social gatherings by groups of 25 persons or more, whether organized through social media or other means shall be considered special events and require a permit be issued to the group through proper application prior to the event. (This does not include school groups and day camps that are only coming to utilize the beaches, have paid the daily amenity fee where required, and will not violate any other regulations or permit requirements).
* Using traps for fur bearing game species requires a permit. (NPS Scientific Research and Collection Permit required).

* Permits are required year round for use of the archery range on Floyd Bennett Field.
1. Permits expire January 31 following the year of issuance.
2. A $75.00 “Administrative Fee” is required.
Collecting Specimens of plants, fish, wildlife, rocks or minerals (NPS Scientific Research and Collection Permit required).
* Camping at all public and group campgrounds.

* Camping requires a tent in designated tent campgrounds
* Operating a power saw in developed areas.

* Operation of any type of portable motor or engine, or device powered by a portable motor or engine in non-developed areas.

* Operation of a public address system in connection with a public gathering or special event.
* Fire permits may be issued in conjunction with a Special Use Permit.

* Fire permits for after-hours fishing.

1. Only in conjunction with after-hours fishing.
2. Only issued at Sandy Hook Unit from October 15 through April 14.
3. Issued daily and are valid from sunset to sunrise.
* Delivery or retrieval of a person or object by parachute, helicopter or other airborne means.

* Removal of a downed aircraft.

* Runways at Floyd Bennett Field may be opened to aircraft for educational or interpretive purposes, (Public Law 92-592).
Leaving Property Unattended (see 36 CFR §2.22 under General Regulations for more).

Daily Site Use Fees

* In the Sandy Hook Unit the use of parking areas B, C, D, E, G, I, J and K. Memorial Day Weekend through Labor Day. (7:00 a.m. through 5:00 p.m.).

* In the Jamaica Bay Unit the use of Riis Park parking areas Memorial Day Weekend through Labor Day (7:00 a.m. through 5:00 p.m.).


Special Recreation Permit Fees

* Access for Fishing Permits: $50.00

1. Off-Road Vehicle Access for Fishing Permit:
Breezy Point, Jamaica Bay Unit
Required year-round, all times, to access Breezy Point Sand Road and Sand Lot. The Off-Road permits allows for access to Breezy Point Tip only from September 16 to March 14.

2. Parking and After-Hours Access for Fishing Permit:
Parking and After-Hours Access to allow for fishing access after regular park hours of operation and to park in certain locations within the park specifically for the activity of fishing. The permits are not fishing permits.
* Sandy Hook Unit:
After-hours permit required, 8:00 p.m. - 6:00 a.m.
* Staten Island Unit:
Fishing Access Parking permit required year-round, all times.
* Jamaica Bay Unit:
222nd Street Fishing Parking Lot, Breezy Point:
Fishing Access Parking Permit required year-round, all times
Yacht Club Parking Lot, Tilden Bayside:
Fishing Access Parking Permit required year-round, all times
Riis Landing Parking Lot, Riis Landing
Fishing Access Parking Permit or program pass required year-round, all times
Fort Tilden-Interior Fort Area:
Fishing Access Parking Permit, Group Picnic Permits, Community Garden Permits, required March 15 -September 15
193rd Street Fishing Parking Lot, Fort Tilden:
Fishing Access Parking Permit required year-round, all times1
69th Street Fishing Parking Area, Fort Tilden:
Fishing Access Parking Permit required year-round, 9:00 p.m.-6:00 a.m., all times March 15-September 15- No Parking Permitted 6:00 a.m.- 9:00 p.m.
Shore Road East Parking Area, Fort Tilden:
March 15-September 15: Shore Road East Parking Area closed to vehicular use and vehicular access prohibited from Davis Road to Shore Road East Parking Area
Bay 3 East Lot, Jacob Riis Park:
Fishing Access Parking Permit required year-round, all times, 9:00 p.m.- 6:00 a.m.
Floyd Bennett Field:
Fishing Access Parking Permit required year-round, 9:00 p.m.- 6:00 a.m.
Aviation Road Fishing Parking Lot, Floyd Bennett Field:
Fishing Access Parking Permit required year-round, all times

Archery Permit: $75.00:
-Archery Field Permit, Floyd Bennett Field, Jamaica Bay Unit

Athletic Fields Permit:
-Athletic Fields Permits, Fort Tilden, Jamaica Bay Unit
-Athletic Fields Permits, Frank Charles Park, Jamaica Bay Unit
-Athletic Fields Permits (Soccer, Softball, Cricket), Miller Field, Staten Island Unit

Boat Launch Parking Permit: $50.00
-Boat Launch Parking Permit, Great Kills Park, Staten Island Unit
Required April 1 – October 31

Community Garden Permit: $50.00
-Community Garden Permit, Fort Tilden, Jamaica Bay Unit
-Community Garden Permit, Miller Field, Staten Island Unit

Group Barbecue-Picnic Area Permit: $50.00
-Group Barbecue-Picnic Area Permit, Fort Tilden, Jamaica Bay Unit
-Group Barbecue-Picnic Area Permit, Miller Field, Staten Island Unit

Nature Study Area Parking: $50.00
-Crook’s Point, Great Kills Park, Staten Island Unit
Required year-round during regular park operating hours

Note: Other activities such as special events, ceremonies, filming and photography, and use of park buildings are subject to special use permit fees and may have additional costs associated with cost recovery for park supplied services.
Soliciting or demanding gifts, money goods or services.
* Use, possession, store, transport explosives, blasting agents.

* Use or possession of fireworks.
Large gatherings, bicycle and running events, sporting events, parades, ceremonies, and similar events.
* Public assemblies, meetings, gatherings, demonstrations, parades and other activities for public expressions of views.

* Groups of less than 25 persons do not require a permit within designated areas.
Groups of less than 25 persons do not require a permit within designated areas.
Permit, lease or contract required.
* Erection of monuments (Requires approval from the Regional Director or designation by Congress).

* Scattering ashes from human cremation.
Exceeding vehicle load, weight, length and width limitations as established by state law.
Commercial notices or advertisements.
Requires a permit, contract or other written agreement. Can only be goods and services within park.
Sale of alcoholic, spirituous, vinous or fermented liquor (more than 1% of alcohol by weight) requires Regional Director approval.
Engaging in or soliciting any business requires a permit, contract or other written agreement
* Commercial photography is not allowed between March 15-Sept 15 at park designated bird nesting areas.
* Still photography of vehicles or other artilces of commerce or professional models for the purpose of commercial advertising.
Use of commercial vehicles on park area roads requires a permit.
Any building, structure, boat dock, road, trail, path, telephone line, power line, or public or private utility over, upon, across, under, or through any park areas.

Justification: Permits are required per the provision found in 36 CFR and are intended to protect the visitor, protect the resource, reduce user conflicts, provide for an equitable visitor experience and help manage the operations of the park.

Note: Permits can be obtained through www.nps.gov/gate and at the following locations (hours and times vary, please check the website to confirm):

* Sandy Hook Unit Headquarters Office, 26 Hudson Rd., Fort Hancock.

* Sandy Hook Entrance Station.

* Ryan Visitor Center, Floyd Bennett Field, Jamaica Bay Unit.

* Miller Field Ranger Station, Building 26, Staten Island Unit.

* NPS Scientific Research and Collection Permits (irma.nps.gov/rprs)
 

Part 2 Resource Protection, Public Use, and Recreation

 

Part 3 - Boating and Water Use Activities

In accordance with § 3.3, a permit is not required to operate a vessel in the park.

Justification: No exceptions designated.
In accordance with § 3.7(b), the superintendent has designated that PFDs are required during the following times, locations, and activities:

* PFDs must be worn or carried on the designated waters, at the designated times and/or during designated water-based activities outlined in §1.5.

* During NPS-led interpretive tours or programs.

Justification: PFD use insures visitor safety during park led programs and when operating watercraft.
(a)(2) Launching or operating a vessel is prohibited, except at one of the following launch sites:

* Boats on trailers may be launched and recovered at the Great Kills Park Boat Ramp. Conditions of use are as follows:

○ Use of the facility is by permit only.

○ Boat launch is not for commercial use.

○ Vehicles parked at the facility must have a trailer attached. Trailers may not be parked in other parking lots.

○ Vehicles may not park more than 72 hours.

Justification: Permits and conditions are needed to regulate the use of the boat ramps so that services are provided to visitors on a fair and equitable basis.

* Boats and vessels (hand carried/car top) may only be launched and recovered by hand at the following locations. Permits and/or fees may apply:

○ Jamaica Bay Plumb Beach.

○ Floyd Bennett Field Mill Basin inlet.

○ Floyd Bennett Field Seaplane ramp.

○ Riis Landing

○ Rockaway Point Cove.

○ Rockaway Point Yacht Club

○ Canarsie Pier.

○ Jamaica Bay North Channel.

○ Sandy Hook Bayside Area C and Horseshoe Cove.


Justification: These boating restrictions are in place to limit user conflicts, limit resource damage and to provide for the safety of park visitors utilizing the park beaches.

* Boats may be docked at the following locations:

○ Great Kills Marina (Staten Island Unit).

○ Gateway Marina (Jamaica Bay Unit).

Justification: The regulations are in place to allow park visitors the opportunity to dock their boats while enjoying the park. These locations are designated to prevent boaters from mooring off in administrative or prohibited areas.

Note: Cost and requirements for docking are set by the lessee and approved by the NPS.

(b)(5) Operating a power-driven or sailing vessel within 500 feet of a shoreline designated as a swimming beach is prohibited.
In accordance with §3.9, the superintendent may allow PWC use at Gateway NRA if promulgated by special regulations. No special regulations have been established, so PWC use is prohibited.

Justification: No exceptions designated.
In accordance with §3.12(a), the towing of persons by vessels is prohibited.

Justification: No exceptions designated.
(a) The removal of a vessel and its cargo must be done in accordance with the following established procedures:

A permit may be required for this activity depending on the location and conditions.
In accordance with §3.16, the superintendent has established the following closures and restrictions:

* Swimming is prohibited when lifeguards are not on duty.

* Swimming from vessels to oceanside beaches or swimming from ocean side beaches to vessels is prohibited within the view shed of on duty lifeguards.

* Swimming from vessels to beaches that have enclosures for the protection of shorebirds, other park resources, or for public safety is prohibited.

* Swimming from vessels to Fort Tilden Beach, West Beach and ocean and bayside beaches of Breezy Point Tip is prohibited from March 15 to September 15.

* Swimming at West Beach and ocean and bayside beaches of Breezy Point Tip is prohibited from March 15 to September 15.

* The following areas are unprotected and do not have lifeguards. Swimming is prohibited in areas that do not have lifeguards on duty.

o All bay side beaches and unprotected and non-lifeguarded oceanside waters.

* All ponds and landlocked bodies of water.

Justification: Visitors swimming outside protected areas or from vessels draws lifeguard attention away from the protected areas. These restrictions are in place to mitigate user conflicts and protect wildlife.

Note: Swim only in designated lifeguarded swimming beaches during the times that lifeguard services are provided.
In accordance with §3.17(a), the superintendent has designated the following conditions for swimming beaches.
The following areas are designated as swimming beaches from Memorial Weekend through Labor Day:

* Jamaica Bay Unit, Riis Park Bays 1 through 14.

* Sandy Hook Unit, Areas C, D, E, G (Gunnison) & North Beach.

* At the Staten Island Unit, Great Kills Park.

The following conditions are established for swimming beaches:

* Swimming is prohibited when lifeguards are not on duty.

* Swimming beaches are open Memorial Day Weekend through Labor Day

* Swiming beaches are lifeguarded 10 a.m. to 6 p.m. daily.

* Swimming is prohibited in all areas of the park not designated as swimming areas.

* Digging of holes on beaches is limited to no more than two feet deep due to hazard of collapse and suffocation.

* Also see section 1.5.

(b) Within designated swimming areas, the use of a surfboard or similar rigid device is prohibited.

Sandy Hook allows surfing at Oceanside B beach, an unprotected beach and Beach C Oceanside within the unprotected area.

(c) Prohibitions on the use or possession of flotation devices, glass containers, kites, or incompatible activities in swimming areas or swimming beaches are outlined in §1.5.
(a) Snorkeling and underwater diving is allowed in park waters, subject to the closures or restrictions designated in §1.5.

No closures or restrictions have been put in place. In accordance with § 3.18(e), underwater diving and snorkeling will be subject to the provisions of New York and New Jersey State laws.

Justification: No exception designated.
The use of manned or unmanned submersibles may only occur in accordance with a permit issued by the superintendent.
 

Part 4 Vehicles and Traffic Safety

(b) The superintendent has established the following routes and areas for off-road vehicle. These routes and areas are promulgated as special regulations in §7.29.

* Sand Road and the western tip of Breezy Point.

* Driving off designated roads or areas in other parts of the park is prohibited except by NPS employees operating government owned vehicles, by federal, state and local cooperating agencies, and by service and utility vehicles, when it is necessary for the protection, maintenance and operation of park resources and facilities and is authorized by permit or the superintendent.

Justification: These designations are necessary to protect the natural resources and habitats of the seashore environment as well as provide for the equitable use and protection of park visitors.

(c)(1) Operating a motor vehicle not equipped with pneumatic tires is prohibited, except that a track-laying motor vehicle or a motor vehicle equipped with a similar traction device may be operated on one of the following routes designated for these vehicles.
(a) The following load, weight and size limits, which are more restrictive than state law, apply to the roads indicated under the terms and conditions, and/or under permit as noted:

In accordance with §4.11(a), the load, weight and size limits established by the State of New York and the State of New Jersey apply to vehicles operated on park roads. A permit is required to operate vehicles which exceed the designated load, weight and size restrictions.

Sandy Hook: Commercial vehicles greater than 8 feet wide and/or in excess of 7 tons (Class 3 Vehicle is the limit), are prohibited from use of Hartshorne Dr. at Magruder Rd. to Hartshorne Dr. at S. Bragg (in front of Officer’s Row).

Justification: Oversize/weight vehicles on narrow roads creates a traffic hazard for two way vehicle traffic as well as pedestrian and cyclists. Accelerated deterioration to the roadway in front of Officers Row is occurring due to heavy construction vehicles using this road.
(a) All park roads and parking areas are open to bicycle use. The superintendent has also designated the following routes as open to bicycle use:

* Greenway paths.

* Multi-use pathways.

Justification: Multi-use pathways and greenways were designed in developed areas to provide alternative transportation methods and recreational opportunities. These routes underwent public review and were designed in consideration of the parks natural and scenic values and the safety of park visitors. Use of bicycles on these pathways will not disturb wildlife or harm park resources.

In accordance with §4.30(h), bicycle use is prohibited in all undeveloped areas, such as beaches.

Justification: No exception designated.

In accordance with §4.30(h)(4), the superintendent has established the following conditions for riding a bicycle abreast of another rider:

* Bicycles may be ridden abreast of another rider under the following conditions:

○Riders are obeying established traffic regulations.

○ The center line is not crossed, or if no center line exists, riders are keeping to the right.

○ Riders are not creating a hazard and/or impeding traffic.

Justification: These restrictions are in place to provide for the safety of bicycle riders, pedestrians and motor vehicle operators and to mitigate user conflicts.

Use of Electric Bikes (e-bikes) in Gateway:

In accordance with the recent NPS e-bike policy, e-bikes are defined as a two or three-wheel cycle with fully operable pedals and an electric motor of fewer than 750 watts (1 horsepower) that provides propulsion assistance. On pathways and trails closed to motor vehicles but open to traditional bicycles, the operator of an e-bike may only use the motor to assist pedal propulsion. The motor may not be used to propel an e-bike without the rider also pedaling.

In the NJ portion of GATE, e-bikes will be allowed in the Sandy Hook Unit as outlined here:Class 1 and class 2 e-bikes are allowed on most routes open to traditional bicycles, including the Multi Use Paths (MUP). Class1 and class 2 e-bikes provide assistance to the operator only up to 20 miles per hour. Speed limits of 10 mph will be posted on the MUP’s. Class 3 e-bikes which can provide assistance up to 28 miles per hour are not allowed on any park trails or MUP’s. Additionally the park will maintain its prohibition of e-bikes on all trails where traditional bicycles are already banned. More information and frequently asked questions about e-bikes in national parks are available on the e-bike webpage.

1. 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.).

2. Comply with the requirements in 36 CFR 1.5, including the requirement to provide adequate public notice in accordance with 36 CFR 1.7.

3. Comply with all applicable laws implicated by the compendium action, including the National Environmental Policy Act of 1969 (NEPA). The compendium action will ordinariy fall within the categorical exclusion specified in section 3.3.D.3 of the National Park Service NEPA Handbook for which documentation is required.


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 Gateway National Recreation Area 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.

New York City DOT Regulation:Bicycle riders must use bike path/lane, if provided, except under the following situations:
* When preparing for a turn at an intersection or into a private road or driveway.
* When reasonably necessary to avoid conditions (including but not limited to, fixed or moving objects, motor vehicles, bicycles, pedestrians, pushcarts, animals, surface hazards) that make it unsafe to continue within such bicycle path or lane.

Other vehicles shall not drive on or across designated bike lanes except when it is reasonable and necessary:
* to enter or leave a driveway; or
* to enter or leave a legal curbside parking space; or
* to cross an intersection; or
* to make a turn within an intersection; or
* to comply with the direction of any law enforcement officer or other person authorized to enforce this rule, or to avoid an obstacle which leaves fewer than 10 feet available for the free movement of vehicular traffic. Notwithstanding any other rule, no person shall drive a vehicle on or across a designated bike lane in such a manner as to interfere with the safety and passage of persons operating bicycles.
* Bicyclists may use either side of a 40-foot wide one way roadway.

Pedal-assist bicycles:
* No such person shall operate or park a pedal-assisted bicycle on any public highway in the city of New York unless such bicycle has permanently affixed in a prominent location on the electric motor of the bicycle or elsewhere on the bicycle a legible original label of the manufacturer of the bicycle and/or of the electric motor containing the maximum motor-assisted speed and motor wattage of the bicycle.
* All pedal-assist bicycles and their operators must comply with the provisions of Article 34 of the New York State Vehicle and Traffic Law relating to the operation of bicycles, except as provided in section 4-02(e) of these rules.
* A pedal-assist bicycle that has been modified in any of the following ways shall not be considered a pedal- assist bicycle and may not be operated or parked on any public highway:

1. Any modification that increases the output of such bicycle to seven hundred fifty watts or greater;
2. Any modification that prevents the motor from disengaging when (i) the operator applies the brakes , (ii) the operator stops pedaling, or (iii) the bicycle achieves a speed of twenty miles per hour; or
3. Any modification that accelerates the speed of the pedal-assist bicycle motor by means other than pedaling.

§ Restricted areas of parks No person shall ride a bicycle in any park, except in places designated for bike riding; but persons may push bikes in single file to and from such places, except on beaches and boardwalks.

In accordance with §7.29(a), the superintendent has established the following beaches and over sand routes for 4 wheel drive off road vehicle use with valid NPS off road permit:

* Sand road and western tip of Breezy Point

In accordance with §7.29(b)(6), the superintendent has established the following limit on the number of over sand permits:

* 750 Special Use Permits for Off Road Vehicles will be issued annually.

○ Vehicle permit are required September 1 through March 14 to access the beach, and all year to access the sand parking lot. The beach is closed to vehicles during the remainder of the year.

○ Off Road Vehicle Permits are only issued for fishing access.

Justification: Vehicle operation limits are necessary for the protection of the coastal habitat.

Last updated: June 13, 2024

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