Superintendent's Compendium

Superintendent signature

NPS Photo

In accordance with regulations and the delegated authorities provided in Title 36, Code of Federal Regulations (“36 CFR”), Chapter 1, the following provisions apply to all lands and waters administered by the National Park Service (NPS) within the boundaries of Kennesaw Mountain National Battlefield Park. These provisions apply in addition to the requirements contained in 36 CFR, Chapter 1. Written determinations, which explain the reasoning behind the superintendent’s use of discretionaryauthority, as required by 36 CFR 1.5(c), appear in this document in italicized print.
The NPS welcomes comments about its programs and act ivities at any time. Comments specific to the Compendium will be accepted any time by contacting [e-mail] . Any changes to this Compendium recommended by the general public or others, and accepted by the Superintendent, will be incorporated into this Compendium without further public comment and review. Some of the terms used in this Compendium may be unclear to you. If you are unsure about a specific term please consult 36 CFR 1.4 Definitions. A complete listing of National Park Service specific regulations is available in 36 Code of Federal regulations and Title 54 of the United States Code. The following definitions apply to the terms used in this Compendium:

Activity Fields: Fields within the park designated to recreational activities such as kite flying, ball playing, picnicking, etc.

Civil Dawn: The time of morning at which the sun is 6 degrees below the horizon. At this time, there is enough light for objects to be distinguishable and that outdoor activities can commence.

Civil Dusk: The time at which the sun is 6 degrees below the horizon in the evening. At this time objects are distinguishable but there is no longer enough light to perform any outdoor activities.

Day Use Area: Any area comprised of or adjacent to paved parking lots, buildings, or toilet facilities that are open to the general public.

Uncrewed Aircraft : A device that is used or intended to be used for flight 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, and drones) that are used for any purpose, including for recreation or commerce.

Walkway: Sidewalks, paths, trails, or hard-surfaced areas that are closed to the use of bicycles and
motorized vehicles.

 

 

Section 1.5

Visiting Hours, Public Use Limits, Closures, & Area Designations For Specific Use Or Activities

Section 1.5 - 1: Visiting Hours

(a)(1)   The following visiting hours, public use limits, closures, and area designations are established as follows:

Visiting Hours
The park will be closed on Thanksgiving, Christmas, and New Year days.

Park trails are open from Civil Dawn to Civil Dusk. Park buildings and parking lots have specific closing times that are listed below:
Parking Lot Entrances closes 30 minutes prior to the gate closure time.
Visitor Center parking lot: opens at 6:30 a.m.; closes at 6:30 p.m. during standard time and at 8:30 p.m. during daylight savings time.
Visitor Center: opens at 9:00 a.m.; closes at 5:00 p.m. daily. Restrooms open at 7:30 a.m. daily and close at 6:00 p.m. daily during standard time. Restrooms close at 8:00 p.m. daily during daylight savings time.
Mountain Road: opens at 8:30 a.m. Monday through Friday; closes at 5:30 p.m. during standard time and at 7:30 p.m. during daylight savings time. The Mountain Road may be closed at any time due to weather conditions, maintenance requirements, special events, or emergencies.
Cheatham Hill Drive: opens at 8:00 a.m.; closes at 5:30 p.m. during standard time and at 7:30 p.m. during daylight savings time.

Closing the park and gate entrances prior to gate closure times in the evening and on federal holidays is necessary because the NPS does not have sufficient staff to manage visitors during those times. In
addition, it is more difficult for visitors to stay on designated paths and trails, and outside of closed areas, during hours of darkness. Leaving these areas can cause significant damage to the natural and cultural resources in the park, including plants, wildlife, and archeological sites. This compendium action is covered by categorical exclusion 3.3.D.2 in the NPS NEPA Handbook.
 

Section 1.5 - 2: Public Use Limits and Closures

Public Use Limits
Closures

• Kennesaw Mountain Maintenance Drive is closed to public use.
• The area within 50 feet of the black powder storage magazine is closed to the general public.
• The rock quarry is closed to all public use including rock climbing. 
  • This closure is necessary to protect visitor safety due to the potential dangers from sheer cliffs, crumbling rock, explosive material, and the passage of large equipment such as tractors, mowers, and vehicles. This compendium action is covered by categorical exclusion 3.3.D.2 in the NPS NEPA Handbook.

36 CFR 1.5(a)(2) – Designated areas, conditions or restrictions on a use or activity. Conditions or 
Restrictions on a Use or Activity

•  Parking Areas: Parking areas are reserved for persons using the park facilities and services 
only. Leaving a vehicle in a parking area while traveling outside the park is prohibited. Organized 
social gatherings or sports activities conducted within parking areas are prohibited.

•  Horse Trailer Parking: The dirt parking lot on Cheatham Hill Road near its intersection with 
Powder Springs Road is designated for horse trailers and associated vehicles only. All other 
vehicles are prohibited. Other locations for horse trailer parking may be designated by the 
Superintendent during special events. All manure, hay, wood shavings, and feed associated with 
horses and trailers should be removed by the visitor from the parking area upon departure.

• This restriction is necessary in order to provide safe and adequate parking that separates horses and riders from voluminous vehicular traffic that compromise safety. This compendium action is covered by categorical exclusion 3.2.H in the NPS NEPA Handbook.

•  Picnics: Picnics are restricted to designated picnic areas and activity fields only.

•  Recreational Activities: Recreational activities such as sunbathing, kite flying, picnicking, 
ball playing, and other similar activities not otherwise prohibited are allowed only in designated 
recreational activity areas. These recreational activity areas are designated as Activity Areas 
One, Two, and Three and are designated on the park’s brochure map. The small field in front of the 
Superintendent’s office and Administration Building is not designated a recreational area, but the 
park does allow picnicking, ball playing, etc.
- Activity Fields: There are 3 activity fields designated in the park:

•   Activity Area 1: On Old Highway 41 north of the railroad tracks
•   Activity Area 2: South of and adjacent to the Overflow Parking Lot on Old Highway 41
•   Activity Area 3: Across Cheatham Hill Road from the Cheatham Hill Road parking lot.
  • This restriction is necessary in order to preserve the solemn nature of the battlefield memorial yet still allow reasonable places for the public to recreate. This compendium action is covered by categorical exclusion 3.2.H in the NPS NEPA Handbook.

•  Launching, landing, or operating an uncrewed aircraft from or on lands and waters administered 
by the NPS within the boundaries of Kennesaw Mountain National Battlefield Park is prohibited 
except as approved in writing by the superintendent.

• This restriction is necessary to prevent unacceptable impacts to park resources and values from the use of uncrewed aircraft. Potential impacts include harming visitors, interfering with rescue operations, causing excessive noise, impacting viewsheds, and disturbing wildlife. This restriction is required by NPS Policy Memorandum 14-05 dated June 19, 2014. This compendium action is covered  by categorical exclusion 3.2.H in the NPS NEPA Handbook.

 

Section 1.6

Permits

Section 1.6 - 1: Permits

In addition to any applicable State licenses or permits, a permit from the Superintendent is required for certain visitor use activities.  Permit applications for these activities will be reviewed by the park Superintendent with consideration given to the appropriateness of the activity relative to the purpose for which the park was established, and whether the activity would negatively impact park resources and values. 

Permit applications are available at park headquarters during normal business hours.  A non-refundable application fee of $190 is required for all Special Use Permits and covers the cost of mailing, duplication, and processing of applications, whether the permit is approved or not.   Other fees which may be charged for approved Special Use Permits include an administrative fee, “fair market value” fees for general park use or facility used, and all costs incurred by the park associated with the supervision and management of the event.

The Superintendent will determine the location of each activity based on the nature and duration of the proposed event, the estimated number of persons expected to attend, and other information required to complete the permit application form.  A permit application may be denied if the activity does not allow for multiple use of the area, if the event presents a clear and present danger to the public health or safety, or if the printed materials are solely commercial.

Section 1.6 - 2: Activities Requiring A Permit

The following activities require a permit. Permits are issued by the Superintendent and permitted
activities are subject to applicable terms and conditions:

• Launching or landing uncrewed aircraft. 36 CFR 1.5.
• Carrying or possessing a weapon that is not otherwise authorized, a trap, or a net. 36 CFR 2.4(d).
• Specimen collection for research purposes. 36 CFR §2.5(a).
• Operating a public address system 36 CFR 2.12.
• Delivery or retrieval of a person or object by parachute, helicopter or other airborne means. 36 CFR 2.17.
• Soliciting or demanding gifts, money goods or services. 36 CFR 2.37.
• Using, possessing, storing, or transporting explosives. 36 CFR 2.38.
• Conducting a special event. 36 CFR 2.50.
• Conducting a demonstration by groups of more than 25 people. 36 CFR 2.51.
• Sale or distribution of printed matter by groups of more than 25 people. 36 CFR §2.52.
• Livestock use and agriculture. 36 CFR 2.60.
• Residing on federal lands. 36 CFR 2.61.
• Scattering of human ashes from cremation. 36 CFR 2.62.
• Displaying, posting, or distributing commercial notices or advertisements. 36 CFR 5.1
• Engaging in or soliciting any business. 36 CFR 5.3.
• Commercial filming. 36 CFR 5.5; 43 CFR 5
• Some still photography and audio recording (if conditions are met). 36 CFR 5.5.
• Commercial transportation of passengers by motor vehicles. 36 CFR 5.4.
• Constructing or attempting to construct any building, structure, road, trail, path, or utility. 36 CFR 5.7.
• Rights-of-way. 36 CFR part 14.
• Collection of Archeological resources. 43 CFR 49

 

Section 2

General Regulations

Section 2.1 - Preservation of Natural, Cultural & Archeological Resources

36 CFR 2.1(c)(1)-(2) – Designation of natural products for personal use or consumption.

The following fruits, nuts, and berries may be gathered by hand for personal use or consumption, in accordance with the noted size, quantity, collection sites and use or consumption restrictions

• Nuts, such as acorns and hickory nuts, when collected from the ground. One quart per person per day
• All species of edible berries by hand for immediate personal consumption on site. No more than one handful may be taken per person.
• Edible mushrooms: No more than 4 per person per day.

The superintendent has determined that the gathering and consumption of these natural products in the manner allowed will not adversely affect park wildlife, the reproductive potential of a plant species, or otherwise adversely affect park resources. Collecting nuts that have already fallen to the ground will have no impact on the plants that created the nuts. There is a sufficient volume of nuts to allow for the designated harvest amounts without creating any adverse impacts to the propagation of the species or to wildlife that consume nuts for subsistence. The species of edible berries in the park, including mulberries and blackberries, are widespread.. These berries are found along several hiking trails and can provide energy and sustenance to hikers. Collection is limited to one handful in order to ensure that enough berries are available to feed fauna in these locations. This compendium action is covered by categorical exclusion 3.3.D.2 in the NPS NEPA Handbook.

Section 2.2 - Hiking

36 CFR 2.1(b) – Hiking
Kennesaw Mountain visitors must remain on walkways. 

Kennesaw Mountain National Battlefield Park is an archeological site that is easily impacted by visitor use. In the past, dispersed use by visitors off trail during periods of heavy visitation caused adverse impacts to resources. This has resulted in the need to restrict access to identified trails to allow the rest of the sites to remain untouched. This compendium action is covered by categorical exclusion 3.3.D.2 in the NPS NEPA Handbook.

Section 2.10 - Camping & Food Storage

36 CFR 2.10(a) – Permits, designated sites or areas, and conditions for camping.

Camping is prohibited unless directly involved in a park living history program.
Kennesaw Mountain is a day use area only. The restriction of camping to park volunteers directly associated with living history events is necessary to facilitate those events and to add to the historical authenticity of the event itself. This compendium action is covered by categorical exclusion 3.3.D.2 in the NPS NEPA Handbook.


 

Section 2.11 - Picnicking

36 CFR 2.11 – PICKNICKING.

Picnicking is prohibited outside of picnic areas and Activity Fields 1,2,and 3.

Section 2.20 - Skating, Skateboards, and Similar Devices

36 CFR 2.20 – SKATING, SKATEBOARDS, AND SIMILAR DEVICES.

Skateboards may be used on the paved park multi use trails.

The designated locations are less crowded with visitors than other paved locations. This compendium action is covered by categorical exclusion 3.2.E in the NPS NEPA Handbook.
 

Section 2.21 - Smoking

36 CFR 2.21 – Smoking

Smoking is prohibited in all government facilities, residences, structures, and vehicles.

Section 2.35 - Alcoholic Beverages and Controlled Substances

36 CFR 2.35— ALCOHOLIC BEVERAGES AND CONTOLLED SUBSTANCES.

36 CFR 2.35(a)(3) – Closures to alcohol.

• Alcoholic beverages are not allowed in the Kennesaw Mountain National Battlefield Park.

Kennesaw Mountain National Battlefield Park is designated to commemorate the entirety of the Atlanta campaign in the American Civil War. The solemn nature of the park does not correspond with the recreational use of alcohol. This compendium action is covered by categorical exclusion 3.3.D.2 in the NPS NEPA Handbook.

Section 2.51 - Demonstrations and Designated Park Areas

36 CFR 2.51 – DEMONSTRATIONS AND DESIGNATED AVAILABLE PARK AREAS.

36 CFR 2.51(c)(2) – Designated location.

• The following location in Kennesaw Mountain National Battlefield Park in the center of the main visitor center parking lot is designated as available for demonstrations. A permit is not required for a demonstration in the designated location if it involves 25 persons or fewer and does not involve structures.
  • Visitor Center Lot Location
    • The designated location is in a prominent location near the visitor center that will allow individuals and groups to conduct demonstrations in a manner that will allow for effective communication of speech and other protected activities. At the same time, the designated location leaves ample space for visitors to enter and leave the visitor center safely and for the NPS to conduct administrative activities such as interpretive events. This compendium action is covered by categorical exclusion 3.3.D.2 in the NPS NEPA Handbook.

Section 2.52 - Sale of Printed Matter and the Distribution of Printed Matter, etc.

36 CFR 2.52 – SALE OF PRINTED MATTER AND THE DISTRIBUTION OF PRINTED MATTER AND OTHER MESSAGE-BEARING ITEMS.

• The following location in Kennesaw Mountain National Battlefield Park – the grass separation between the upper and lower visitor center parking lot- is designated as available for the sale or distribution of printed matter, and the free distribution of other message-bearing items. A permit is not required for these activities in the designated location if they involve 25 persons or fewer and do not involve structures.
  • Visitor Center Lot Location
    •  The designated location is in a prominent location near the visitor center that will allow individuals and groups to conduct these activities in a manner that will allow for effective communication of speech and other protected activities. At the same time, the designated location leaves ample space for visitors to enter and leave the visitor center safely and for the NPS to conduct administrative activities such as interpretive events. This compendium action is covered by categorical exclusion 3.3.D.4. in the NPS NEPA Handbook.

Section 4.21 - Speed Limits

36 CFR 4.21 Speed Limits

• The following speed limits apply to roadways administered the National Park Service. 
  • Visitor Center Parking Lot 15 MPH
  • Kennesaw Mountain Drive 25 MPH
  • Cheatham Hill Drive 25 MPH
  • Old Highway 41 (through the park) 35 MPH
  • Stilesboro Road (from Old Highway 41 to Old Mountain Road and vice versa) 35 MPH
  • Stilesboro Road (from Old Mountain Road to the park’s western boundary and vice versa) 35 MPH
  • Burnt Hickory Road (through the park) 35 MPH
  • Dallas Highway (S.R. 120) (through the park) 45 MPH
  • John Ward Road 45 MPHCheatham Hill Road 45 MPH
  • Powder Springs Road 45 MPH

The setting of the speed limits is due to the nature of the heavy pedestrian traffic and the animal species that reside or travel through the park. The speed limits are set in accordance with Cobb County DOT and 36 CFR. This compendium action is covered by categorical exclusion 3.3.D.4. in the NPS NEPA Handbook.

Section 4.30 - Bicycles

36 CFR 4.30 – BICYCLES.

Bicycles may only be used on open, paved roadways. Bicycles are prohibited on Kennesaw Mountain Drive on weekends and holidays due to the public shuttle bus. Bicycles are prohibited on all unpaved surfaces in the park, including trails.

• Allowing bicycles on roads and parking areas will not create new, adverse impacts to resources because those locations are already used by motor vehicles. The prohibition of bicycles on the mountain road when the shuttle bus is operating is necessary due to space issues that exist when trying to fit the bus, pedestrians, and cyclists simultaneously . This compendium action is covered by categorical exclusion 3.3.D.2 in the NPS NEPA Handbook.

 

Section 4.30(i) - Electric Bicycles

36 CFR 4.30(i) – Electric bicycles.

Class 1 and Class 2 electric bicycles are allowed in the following locations where traditional bicycles also are allowed:

• Open Park roads and parking areas.

Allowing electric bicycles on roads and parking areas will not create new, adverse impacts to resources because those locations are already used by motor vehicles and traditional bicycles.Electric bicycles provide a new recreational opportunity for visitors who want to ride a bicycle but might not otherwise do so because of physical fitness, age, or convenience, especially at high altitudes and on terrain with changing elevations. Class 3 electric bicycles, which allow the motor to assist pedaling up to 28 mph, would create unacceptable risks to visitor safety on roads and parking areas in the park due to potential conflicts with heavier and faster motor vehicles, and with other electric bicycles and traditional bicycles, which typically travel at slower speeds. Accidents that occur at higher speeds increase the risk of serious injury or death. This compendium action is covered by categorical exclusion 3.3.D.2 in the NPS NEPA Handbook.
 

 

See section 2.51 and 2.52 on uses of this Visitor Center parking lot area.

NPS Photo