In accordance with regulations and the delegated authority provided in Title 36, Code of Federal Regulations (“36 CFR”), Chapter 1, Parts 1-7, authorized by Title 16 United States Code, Section 3, the following provisions apply to all lands and waters administered by the National Park Service, within the boundaries of Salem Maritime National Historic Site (SAMA) and Saugus Iron Works National Historic Site (SAIR). 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.
(a)(1) The following visiting hours, public use limits, and closures are established:
Visiting Hours:
- Visitor centers and public buildings are open as scheduled and posted at the facility and/or through press releases, websites, social media outlets.
- Park visitor centers and other public facilities are closed on the following designated federal holidays: New Years Day (January 1), Thanksgiving Day, and Christmas Day (December 25).
- The park superintendent may close park facilities due to severe weather on an as needed basis.
- The Salem Armory Regional Visitor Center (Downtown Salem, 2 New Liberty St) is open variably, subject to funding, visitation levels and season. The retail facility known as “Waite & Peirce” (Salem Waterfront, 193 Derby St) and is open variably, subject to operational capacity.
- The Saugus Iron Works Visitor Center, restrooms and museum are open daily from mid-spring through October unless otherwise posted or closed for holiday observance. Visitor services are not provided from November through mid-spring (the opening month is subject to funding and staff availability).
Closures:
- Derby Wharf National Recreation Trail between Derby St. and Derby Lighthouse is closed to all traffic, except authorized vehicles. This closure is established to protect the health and safety of park visitors and the fragile nature of historic structures, and is the minimum restriction necessary to achieve such protection.
- The Saugus Iron Works industrial area and the east bank of the Saugus River are intermittently closed seasonally during icy winter conditions (stairs that descend from the Iron Works House lawn overlook are blocked/signed as closed). This closure is established to protect the health and safety of park visitors and ensure that snow covered and icy walking surfaces do not cause slips and falls by visitors. Visitor services (tours and demonstrations) are not generally provided in the industrial area during winter. Visitors may, from the overlook area, view the industrial area and Saugus River from the charging bridge that overlooks the river.
- Access roads and maintenance areas. This closure is established to protect the privacy of park residents and the integrity of safe park operations, and is the minimum restriction necessary to achieve such protection.
- All buildings except park visitor centers, park offices, public restrooms, historic houses and exhibit areas. This closure is established to protect the health and safety of park visitors and the fragile nature of historic structures, and is the minimum restriction necessary to achieve such protection.
- All or portions of the park when it is necessary to protect the public from unsafe conditions or to protect the park resources from irreversible damage. Signs will be posted to announce such temporary closures. This closure is established to protect the health and safety of park visitors, and is the minimum restriction necessary to achieve such protection.
- All or portions of any building when needed to protect the building from damage or wear or to protect the public from unsafe conditions. Signs will be posted to announce such temporary closures. This closure is established to protect the health and safety of park visitors, and is the minimum restriction necessary to achieve such protection.
- Launching, landing or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of Salem Maritime and Saugus Iron Works National Historic Sites is prohibited except as approved in writing the by the superintendent. This closure is established for the maintenance of public health and safety, protection of environmental and scenic values, protection of natural and cultural resources and the avoidance of conflict among visitors use activities. Less restrictive measures do not suffice at this time because the use of unmanned aircraft has the potential to cause unacceptable impacts such as harming visitors, causing excessive noise, impacting view sheds and physical damage to protected natural and cultural resources. This closure condition will be revisited when a final determination of unmanned aircraft policy is implemented by the National Park Service.
(a)(2) The following designations, conditions, and/or restrictions are imposed on the following specific uses or activities:
Excavation:
Historic industrial level activity is recorded at 173 Derby Street (a large portion of the open lawn between Derby Street and Derby Beach) in Salem. Metals and poly aromatic hydrocarbons were detected within the fill and natural soils during testing and certified by a Licensed Site Professional in 1997. No releases of contaminants to the environmental have been identified that may be the source of the inorganic and organic contaminants detected in the fill and natural soils.
Any soil excavation or other soil removal activities performed at 173 Derby Street will be done in accordance with conditions identified in the Massachusetts Department of Environmental Protection/Bureau of Waste Site Cleanup Activity & Use Limitation Opinion Form (3-12889) (dated 12/11/2001); a health and safety plan shall be developed and implemented prior to start of activities; such activities shall be monitored by an Licensed Site Professional on-site periodically; such other precautions shall be taken which, in the opinion of a Licensed Site Professional, shall be required at the time to insure that the activities to be performed present no significant risk of harm to health, safety, public welfare or the environment; any excavated soils should be tested and disposed of pursuant to the appropriate and applicable Massachusetts Department of Environmental Protection and US Environmental Protection Administration regulations and guidelines.
Motor Vehicles:
- All trails and non-designated roads are closed to motor vehicle traffic except for park management, maintenance, law enforcement operations, or authorized vehicles during special events or approved activities. Operation of a wheeled vehicle used to accommodate handicapped individuals is permitted.
This restriction is established to protect park resources from unnecessary damage and erosion due to off-road motor vehicle use, and is the minimum restriction necessary to achieve such protection.
Trails:
- All trails, either paved or unimproved, are open to foot traffic only, except for wheeled vehicles used to accommodate handicapped individuals. See also 36 CFR § 2.1.
This restriction is established to protect park resources from unnecessary damage and erosiondue to off-road motor vehicle use, and is the minimum restriction necessary to achieve such protection.
Bicycles:
- Bicycle use is permitted on established park trails and Derby Wharf National RecreationTrail at Salem Maritime National Historic Site. No bicycles are permitted to be ridden within the fenced-in area of Saugus Iron Works National Historic Site. See also 36 CFR § 4.30. 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.). E-bikes are allowed at both Salem Maritime & Saugus Iron Works National Historic Sites where traditional bicycles are allowed. E-bikes are prohibited where traditional bicycles are prohibited. Except where use of motor vehicles by the public is allowed, using the electric motor to move an e-bike without pedaling is prohibited. 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 Salem Maritime & Saugus
Iron Works National Historic Sites 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. This condition is established to protect park resources from unnecessary damage and erosion due to off-road vehicle use, and is the minimum restriction necessary to achieve such protection
Picnicking
- Picnicking is allowed only in the following designated sites:
Salem Maritime National Historic Site - Throughout the waterfront area and outdoor areas around the Hawkes, Derby & Narbonne houses.
Saugus Iron Works National Historic Site - Picnic Areas (Upper and lower levels where picnic tables are placed.)
This restriction is established to protect park resources from unnecessary damage, and is the minimum restriction necessary to achieve such protection.
Recreational Activities:
- Kite flying, ball playing, Frisbee throwing, or similar recreational activities are not permitted on or within 10 feet of any walkway, trail, parking lot, or road.
This restriction is established to protect the health and safety of park visitors and to minimize conflict between user groups, and is the minimum restriction necessary to achieve such protection.
Camping:
- Camping is prohibited in the park. See also 36 CFR § 2.10
This restriction is established to protect the health and safety of park visitors and to minimize conflict between user groups, and is the minimum restriction necessary to achieve such protection.
Vehicle Maintenance:
- Washing, waxing, cleaning, or lubricating motor vehicles or repairing or performing any mechanical work upon motor vehicles, except in emergencies, are not permitted.
This restriction is established to protect the health and safety of park visitors, the fragile nature of the park, and is the minimum restriction necessary to achieve such protection.
Special Activities:
- Activities or temporary structures that detract from the visitor experience and that are not related to park purpose, themes, or co-sponsored by the park are not permitted.
This restriction is established to protect the health and safety of park visitors, the fragile nature of the park, to minimize conflict between user groups, and is the minimum restriction necessary to achieve such protection.
(b) Permit application.
- Permit applications must be filed with the Superintendent at least 14 days before the anticipated activity. Applications for permits should be downloaded from the park website at https://www.nps.gov/sair/planyourvisit/permits.htm. Permit applications must be accompanied by a $50 non-refundable Application Fee, unless applicant is applying for a demonstration permit pursuant to 36 CFR § 2.51 and/or a permit for the sale or distribution of printed matter pursuant to 36 CFR § 2.52.
- Additional information or questions regarding permits should be directed to the Mgr. Special Park Uses - (978) 740-1696.
(e) Permit terms and conditions.
- Additional use and monitoring fees may be charged in accordance with established policy and procedure.
(f) Activities requiring a permit are listed throughout this document under the specific 36 CFR Section that authorizes or requires the issuance of a permit.
(a) Except as otherwise provided in this chapter, the following is prohibited:
- Possessing, destroying, injuring, defacing, removing, digging, or disturbing from its natural state: Living or dead wildlife or fish, or the parts or products thereof, such as antlers or nests. Plants or the parts or products thereof. Non-fossilized and fossilized paleontological specimens, cultural or archeological resources, or the parts thereof.
- Introducing wildlife, fish or plants, including their reproductive bodies, into a park area ecosystem.
- Tossing, throwing or rolling rocks.
- Using or possessing wood gathered from within the park area.
- Walking on, climbing, entering, ascending, descending, or traversing an archeological or cultural resource, monument, or statue, except in designated areas and under conditions established by the superintendent.
- Possessing, destroying, injuring, defacing, removing, digging, or disturbing a structure or its furnishing or fixtures, or other cultural or archeological resources.
- Possessing or using a mineral or metal detector, magnetometer, side scan sonar, other metal detecting device, or sub-bottom profiler.
(d) The transporting of lawfully taken wildlife through the park is permitted under the following conditions and procedures:
- Transportation of lawfully taken game is prohibited within the boundaries of the park unless prior notification has been received and approval given by the Superintendent. Approval will be given only if there is no other method or route to transport the wildlife without entering the park. Information must be given as to the circumstances of why it is necessary to enter the park, and a park staff member must be present during the transportation.
(e) The following areas are closed to the viewing of wildlife with the use of an artificial light: All areas of the parks are closed to the viewing of wildlife with an artificial light, including those areas within the parks along township roads and state highway routes.
(a) Fishing shall be in accordance with local laws and state regulations. Fishing will be permitted in the areas listed below:
- Salem Maritime National Historic Site: Fishing is permitted throughout the park, except within 25 yards of Friendship of Salem and the Pedrick’s Storehouse.
- Saugus Iron Works National Historic Site: Fishing is not permitted anywhere in the park.
(a)(2)(i) Weapons, traps, or nets may only be carried, possessed or used at the following designated times and locations:
- Historic weapons may be carried, possessed or used by appropriate staff members and/or volunteer individuals or groups who are invited and sponsored by the parks to participate in official and regulated historic weapons living history programs.
- 18 U.S.C. § 930 prohibits the possession of firearms in “federal facilities,” which are defined as “buildings or parts thereof owned or leased by the federal government, where federal employees are regularly present for the purpose of performing their official duties.” These places are marked with signs at public entrances.
- Park visitors who can legally possess and carry firearms under federal, state, and local law are allowed to carry them in the park. The role of the responsible gun owner is to know and obey the federal, state, and local laws appropriate to the park they are visiting.
- Weapons cannot be used in the park except by authorized federal, state, or local law enforcement officers in the performance of their official duties.
- Commercial traps and nets are not permitted in the park.
(a) Taking plants, fish, wildlife, rocks or minerals is prohibited except in accordance with other regulations of Chapter I of 36 CFR or pursuant to the terms and conditions of a specimen collection permit.
(a) Camping is allowed in the following designated sites or areas and is subject to the following established conditions:
- The park is closed to camping. See also 36 CFR § 1.5 of this document.
Picnicking is allowed only in the following designated sites:
This restriction is established to protect park resources from unnecessary damage, and is the minimum restriction necessary to achieve such protection.
Conditions for Picnicking: The use of open fires for food preparation is prohibited.
(a)(1) (1) Operating motorized equipment or machinery such as an electric generating plant, motor vehicle, motorized toy, or an audio device, such as a radio, television set, tape deck or musical instrument, in a manner: (i) That exceeds a noise level of 60 decibels measured on the A-weighted scale at 50 feet; or, if below that level, nevertheless; (ii) makes noise which is unreasonable, considering the nature and purpose of the actor's conduct, location, time of day or night, purpose for which the area was established, impact on park users, and other factors that would govern the conduct of a reasonably prudent person under the circumstances.
(a)(2) Operating a power saw in developed areas is prohibited.
(a)(4) Operating a public address system is prohibited, except in connection with a public gathering or special event for which a permit has been issued pursuant to §2.50 or §2.51.
(a)(1) The lighting or maintaining of fires is generally prohibited, except as provided for in the following designated areas and under the conditions noted:
Designated Areas:
Established Conditions for Fires:
- Fires may be lit by park employees or other approved officials in support of resource management activities or interpretive programming as outlined by the approved park Fire Management Plan.
(a)(2) The use of government refuse receptacles or facilities for dumping household, commercial or industrial refuse, brought as such from private or municipal property is prohibited.
Visitors are responsible for their own trash management, collection, and removal from the parks. Disposal of refuse in park restrooms, comfort stations, or port-a-johns is prohibited.
(a) The following are prohibited:
(1) Possessing a pet in a public building or area closed to the possession of pets by the superintendent. This subparagraph shall not apply to guide dogs accompanying visually impaired persons or hearing ear dogs accompanying hearing-impaired persons.
(2) Failing to crate, cage, restrain on a leash, or otherwise physically confine a pet at all times.
(3) Leaving a pet unattended and/or tied to an object.
(4) Allowing a pet to make noise that is unreasonable considering location, time of day or night, impact on park users, and other relevant factors, or that frightens wildlife by barking, howling, or making other noise.
(5) Failing to comply with pet excrement disposal conditions, visitors with pets must pick up all pet waste, place waste in sealed/tied bag, and disposed of in a trash receptacle.
(c) Pets or feral animals that are running-at-large and observed by an authorized person in the act of killing, injuring or molesting humans, livestock, or wildlife may be destroyed if necessary for public safety or protection of wildlife, livestock, or other park resources.
(d) Pets running-at-large may be impounded, and the owner may be charged reasonable fees for kennel or boarding costs, feed, veterinarian fees, transportation costs, and disposal. An impounded pet may be put up for adoption or otherwise disposed of after being held for 72 hours from the time the owner was notified of capture or 72 hours from the time of capture if the owner is unknown.
(e) This section does not apply to dogs used by authorized Federal, State and local law enforcement officers in the performance of their official duties.
(d) The use of all types of aircraft shall be in accordance with regulations of the Federal Aviation Administration.
Such regulations, including but not limited to the following, are adopted as a part of these regulations.
14CFR Part 91 §91.119 – Minimum safe altitudes: General.
Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes:
(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without due hazard to persons or property on the surface.
(b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft.
(c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle or structure.
(d) Helicopters. Helicopters may be operated at less than the minimums prescribed in paragraph (b) or (c) of this section if the operation is conducted without hazard to persons or property on the surface. In addition, each person operating a helicopter shall comply with any routes or altitudes specifically prescribed for helicopters by the Administrator.
(a) The following park roads and/or parking areas open to motor vehicle traffic may be used for skiing, snowshoeing, ice skating, inner-tubing, tobogganing, and similar winter activities under the conditions noted:
- Salem Maritime National Historic Site: Winter activities permitted on designated park trails.
- Saugus Iron Works National Historic Site: Industrial area and East Bank are intermittently closed during the winter season on an as needed basis due to ice and snow hazards on paths and stairs, winter activities are permitted in the Iron Works House lawn (i.e. upper area).
(a) Using roller skates, skateboards, roller skis, coasting vehicles, or similar devices is prohibited.
(a) The following portions of the park, or all or portions of buildings, structures or facilities are closed to smoking as noted:
- Smoking is prohibited within all public buildings, park offices, visitor facilities, multi-occupancy or dormitory government quarters and government vehicles.
- During periods of unusually high fire danger, smoking is prohibited in all areas of the park, outside of private vehicles. Signs will be posted along the entrance roads and at the Visitor Center to announce such a temporary restriction.
This restriction is established to protect park resources, reduce the risk of fire, or prevent conflicts among visitor use activities, park employees, and residents of government quarters, and is the minimum restriction necessary to achieve such protection.
(a)(3)(i) The following public use areas, portions of public use areas, and/or public facilities within the park are closed to consumption of alcoholic beverages, and/or to the possession of a bottle, can or other receptacle containing an alcoholic beverage that is open, or has been opened, or whose seal has been broken or the contents of which have been partially removed: All government buildings, grounds and facilities are closed to the consumption of alcoholic beverages, except pursuant to the terms and conditions of a permit.
These restrictions are established in order to prevent inappropriate activity considering the other uses of the location and the purpose for which it is maintained or established and are the minimum restrictions necessary to achieve such protection.
Soliciting or demanding gifts, money, goods or services is prohibited except pursuant to the terms and conditions or a permit that has been issued under §2.50, §2.51, or §2.52.
(a) Using, possessing, storing, or transporting explosives, blasting agents or explosive materials is prohibited, except pursuant to the terms and conditions of a permit.
(b) Using, or possessing fireworks and firecrackers is prohibited, except pursuant to the terms and conditions of a permit.
(a) Sports events, pageants, regattas, public spectator attractions, entertainments, ceremonies, and similar events are allowed, provided there is a meaningful association between the park area and the events, and the observance contributes to visitor understanding of the significance of the park area, and a permit therefore has been issued by the superintendent.
(b) Demonstrations of 25 people or less are allowed within the park areas designated as available under paragraph (c)(2). Demonstrations of more than 25 people are allowed within designated park areas when the superintendent has issued a permit for the activity.
(c)(2) The following locations are designated as available for demonstrations:
- Salem Maritime National Historic Site - Public assemblies/meetings are permitted at the following areas: The brick area on the west side of Forrester Foundation, adjacent to Waite & Peirce (193 Derby St.), between Central and Hatches Wharf.
- Saugus Iron Works National Historic Site - Public assemblies/meetings are permitted at the following areas: The grass area near the flag pole at the visitor center main parking lot.
(b) The sale or distribution of printed matter by 25 people or less is allowed within the park areas designated as available under §2.51(c)(2) (see above). The sale or distribution of printed matter by more than 25 persons is allowed within designated park areas when the superintendent has issued a permit.
(a) Residing in park areas, other than on privately owned lands, is prohibited except pursuant to the terms and conditions of a permit lease or contract.
(b) The scattering of human ashes from cremation is prohibited, except pursuant to the terms and conditions of a permit.
36 CFR §3.3 – PERMITS
Generally, you are not required to obtain a permit to operate a vessel in a park area. However, in certain circumstances, taking into consideration public safety, protection of park resources, and weather and park management objectives, the superintendent may require a permit for use of a vessel within a park area, under §§ 1.5 and 1.7, and will issue permits consistent with § 1.6 of this chapter.
Docking, anchoring, mooring and or tying up of any vessel is by permit only, including through an NPS permit issued to the City of Salem/Salem Harbormaster.
36 CFR §3.7 – PFD REQUIREMENTS
All occupants on any vessels within the park must wear personal flotation devices in accordance with State of Massachusetts and U.S. Coast Guard regulations.
36 CFR §3.8 – PROHIBITED VESSEL OPERATIONS
(a)(2) Unless otherwise posted, launching and retrieving of vessels is permitted only on Derby Wharf Beach or Central Wharf Marine Railway by hand, hand cart or dolly. No vehicle or mechanized launching permitted.
(a)(4) Allowable vessels must be no longer than 26' and powered by a motor not to exceed 4HP.
(b)(3) Vessels may not create a wake or exceed 5mph throughout the park area, in accordance with Salem Harbor regulations.
36 CFR §3.9 – PERSONAL WATER CRAFT
(a)(1) Personal Water Crafts not permitted at either park.
36 CFR §3.12 – WATERSKIING
(a)(1) Waterskiing is not permitted at either park.
36 CFR §3.16 – SWIMMING AND BATHING
(a)(1) Swimming and wading is not permitted at Saugus Iron Works NHS and is restricted at Salem Maritime NHS.
The Derby Beach area is inshore of an historic dump area, and often has broken glass, wood, metal and cracked brick present after tidal events. Waders are encouraged to use foot protection and exercise caution for uneven surfaces. Swimming is dangerous and there are no lifeguards on duty. The Saugus River is a very shallow area with protected species present. In addition, pollution is a frequent concern during and after high rain periods.
36 CFR §3.18 – DIVING AND SCUBA ACTIVITIES
(a)(1) Diving and scuba activities are not permitted at either park
Bicycles:
(a) Park areas that are closed to bicycles use are listed in section 1.5 of this document.
Commercial notices or advertisements shall not be displayed, posted, or distributed on federally owned or controlled lands within a park area unless prior written permission has been given by the Superintendent. Such permission may be granted only if the notice or advertisement is of goods, services, or facilities available within the park area and such notices and advertisements are found by the Superintendent to be desirable and necessary for the convenience and guidance of the public.
Engaging in or soliciting any business in park areas, except in accordance with the provisions of a permit, contract, or other written agreement with the United States, except as such may be specifically authorized under special regulations applicable to a park area, is prohibited.
The commercial transportation of passengers by motor vehicle except as authorized under a contract or permit from the Secretary or his authorized representative is prohibited in certain parks. See §5.4(a) for more information.
(a) Before any motion picture may be filmed or any television production or sound track may be made by any person other than bona fide newsreel or news television personnel, written permission must first be obtained from the Superintendent.
(b) Under P.L. 106-206 all commercial filming requires a permit and is subject to a location fee and cost recovery. Commercial filming is defined as digital or film recording of a visual image or sound recording by a person, business, or other entity for a market audience, such as for a documentary, television or feature film, advertisement, or similar project; it does not include news coverage or visitor use. Permission to film or videotape in a historic park building can be granted by the Superintendent when:
- The activity has a meaningful and accurate association with the historic resource or
- The production would contribute to the public understanding and appreciation of the historic resource.
The same considerations as those which apply to building interiors will be applied by the Superintendent in granting permission for exterior motion picture or television productions. The Superintendent may choose not to apply the criteria of a meaningful association with the historic resource or that it would contribute to the public understanding and appreciation of the historic resource to video production in other areas of the park.
Coverage of breaking news never requires a permit, but is subject to the imposition of restrictions and conditions necessary to protect park resources and public health and safety, and to prevent derogation of park values.
(b)Taking photographs of any vehicle or other articles of commerce or models for the purpose of commercial advertising without a written permit from the Superintendent is prohibited.
The decision to require a permit for still photography activities in a park is based on the activity itself as opposed to the eventual use of the image. Generally, permits are not required for still photography activities unless:
- The activity takes place at location(s) where or when members of the public are generally not allowed; or
- The activity uses model(s), sets(s), or prop(s) that are not a part of the location’s natural or cultural resources or administrative facilities; or
- The park would incur additional administrative costs to monitor the activity; or
- The park needs to provide management and oversight of the activity.
If none of these conditions exist a permit is not required. Still photography permits are subject to cost recovery and location fees.
(b) & (c) Using commercial vehicles on government roads within park areas when such use is in no way connected with the operation of the park is generally prohibited, and requires permission or a permit from the Superintendent.
Such activities are prohibited, except in accordance with the provisions of a valid permit, contract, or other written agreement with the United States.
|
