IntroductionThese rules are applicable on the Delaware River from the confluence of the East and West Branches at Point Mountain in the vicinity of Hancock, New York to the #2 railroad trestle in the vicinity of Sparrowbush, New York, and on any lands owned or managed by the National Park Service (NPS) within the designated boundary of the Upper Delaware Scenic and Recreational River. 36 CFR § 1.5 – VISITING HOURS, PUBLIC USE LIMITS, CLOSURES, AND DESIGNATIONS FOR SPECIFIC USES OR ACTIVITIES (a)(1) The following visiting hours, public use limits, and closures are established:
Visiting Hours:
Public Use Limits:
Closures:
(a)(2) The following areas have been designated for a specific use or activity, under the conditions and/or restrictions as noted:Areas Designated for a Specific Use or Activity:
This condition is determined necessary to ensure public safety on the river and reduce pollution. There is a history of glass containers breaking in the river, on the rocky shoreline, gravel bars and islands. Broken glass can be difficult to pick up, can be unsightly, and can cause injury to people and animals. The river is frequented by swimmers and boaters who are often barefooted. Broken glass has caused numerous injuries over the years to recreationists.
This condition is deemed necessary for the maintenance of public health and safety; protection of environmental and scenic values; protection of natural and cultural resources; implementation of management responsibilities, equitable allocation of and use of facilities; and the avoidance of conflict among visitor use activities. Of special concern is the potential impact of this activity on nesting bald eagles and other endangered or threatened species. 36 CFR § 1.6 – ACTIVITIES THAT REQUIRE A PERMITThe following activities are prohibited without a permit. Criteria for approving or denying permits are established by applicable law (statues and regulations) and policy. Permitted activities are subject to applicable terms and conditions.
See Appendix A for permit procedures. 36 CFR § 2.1 - 2.62 GENERAL 36 CFR REGULATIONS(a) Collecting natural materials from the park is generally prohibited. However, pursuant to (c) (1), The Superintendent may designate certain fruits, berries, nuts, or unoccupied seashells which may be gathered by hand for personal use or consumption upon a written determination that the gathering or consumption will not adversely affect park wildlife, the reproductive potential of a plant species, or otherwise adversely affect park resources. The following fruits may be gathered by hand for personal use or consumption:
It has been determined that the gathering of dropped fruit from the Cowen Farm and Zane Grey orchard will not adversely affect park wildlife, the productive potential of a plant species, or otherwise adversely affect park resources. (d) The transporting of lawfully taken wildlife through federally managed land is permitted under the following conditions and procedures:
(a) Fishing shall be in accordance with the laws of New York and Pennsylvania.
Pursuant to (d)(8), fishing from motor road bridges is prohibited. Pursuant to 18 U.S.C. § 930, firearms are prohibited in federal facilities. Federal facilities 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.”
Pursuant to 54 U.S.C. 104906 (P.L. 111-24 Section 512), park visitors may carry firearms in National Parks if they are in compliance with federal, state, and local laws.
(a) Taking plants, fish, wildlife, rocks or minerals is prohibited except in accordance with the regulations contained in Chapter I of 36 CFR or pursuant to the terms and conditions of a specimen collection permit.(a) Camping is prohibited in the park, except pursuant to the terms and conditions of a permit.
(a)(2) Operating a power saw in developed areas is prohibited, except pursuant to the terms and conditions of a permit.
(a)(1) The lighting or maintaining of fires is generally prohibited, except as provided for in the following designated areas and/or receptacles, and under the conditions noted:
(a)(2) Using park refuse receptacles or facilities for dumping household, commercial or industrial refuse is prohibited.(a)(1) The following structures and/or areas are closed to the possession of pets: (except for use with disabilities)
(a)(2) Failing to crate, cage, restrain on a leash, which shall not exceed six feet in length, or otherwise physically always confine a pet.
(a)(5) Pet excrement must be disposed of in accordance with the following conditions:
(b) The use of dogs in support of hunting must be in accordance with Federal and State laws and the following conditions:
(a)(3) Delivering or retrieving a person or object by parachute, helicopter, or other airborne means is prohibited, except in emergencies involving public safety or serious property loss or pursuant to the terms and conditions of a permit.(c)(1) The removal of a downed aircraft, components, or parts thereof is subject to procedures established by the Superintendent (Permitting process).Using roller skates, skateboards, roller skis, coasting vehicles, hover boards, or similar devices are prohibited. (a) The following portions of the park, buildings, structures and/or facilities are closed to smoking as noted:
These designations are based on a determination that smoking is prohibited to protect park resources, reduce the risk of fire, and prevent conflicts among visitor use activities. These designations are in accordance with Federal law. (a)(2) Leaving property unattended for longer than 24 hours is prohibited.(a)(3)(i) The following areas and 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:
Soliciting or demanding gifts, money, goods or services is prohibited except pursuant to the terms and conditions of a permit that has been issued under §2.50, §2.51, or §2.52. 36 (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.(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 fewer 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 (see Appendix B for further description of location):
(b) The sale or distribution of printed matter by 25 people or fewer 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 areas when the Superintendent has issued a permit.(a) Livestock are generally prohibited on property owned or managed by the NPS. They are only permitted areas pursuant to the exceptions provided for in §2.60(a) and only pursuant to the terms and conditions of a license, permit, or lease.(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.(a) The installation of a monument, memorial, tablet, structure, or other commemorative installation in a park area without the authorization of the NPS Director is prohibited.(b) The scattering of human ashes from cremation is prohibited, except pursuant to the terms and conditions of a permit.36 CFR § 3.7 - 3.19 LIFE JACKET USE AND WATER USE ACTIVITIES(a) All requirements in Title 33 CFR part 175 related to PFDs are adopted.Pursuant to § 3.7(b), PFDs must be worn or carried on the designated waters, at the designated times and/or during designated water-based activities outlined in this document under 36 CFR § 1.5.
(a)(2) Launching or recovering a vessel is prohibited, except at one of the following launch sites:
(b)(3) Operating a vessel in excess of flat wake speed is prohibited in the following areas:
(a) The towing of a person by a vessel is allowed only in the designated areas and in accordance with the conditions listed in this document under 36 CFR § 1.5.
(b) Towing a person using a parasail, hang-glider or other airborne device may be allowed only in accordance with a permit.(a) Swimming or wading is allowed in waters, subject to closures or restrictions designated in this document under 36 CFR § 1.5.
(a) Swimming areas and swimming beaches are designated in this document under 36 CFR § 1.5.
(a) Snorkeling and underwater diving is allowed in park waters.The use of manned or unmanned submersibles may only occur in accordance with a permit issued by the Superintendent. 36 CFR § 4.10 - 4.30 ROAD USE, AND TRAFFIC SAFETY(a) Operating a motor vehicle is prohibited except on the Delaware Aqueduct (Roebling Bridge) and established parking areas.(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:
(b) The following speed limits are established for the routes/roads indicated:
(a) The use of a bicycle is permitted on park roads and in parking areas that are otherwise open for motor vehicle use by the general public.
This restriction is determined necessary to manage the risk of visitor injury and damage to the trail surface; protection of environmental and scenic values; protection of natural and cultural resources; implementation of management responsibilities; and the avoidance of conflict among visitor use activities. Except as specified in this Compendium, the use of an e-bike within Upper Delaware S&RR 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. APPENDIX ASpecial Use Permits are issued for use at Upper Delaware under authority as outlined in 36 CFR 1.6 and 54 USC 100101. Special Use Permits (SUP)’s may be issued, at the discretion of the Superintendent, federal, state, and local governments, to businesses, civic organizations and private organizations who wish to utilize park resources for events, meetings, conferences, programs, and other activities. The use of any park facilities is limited in number as determined by the Superintendent. Regular monthly meetings shall not be permitted in order to avoid monopolization by any one group and to make the facilities available for use by a wide range of local and regional organizations. CUA’s may be issued, at the discretion of the Superintendent, to anyone wishing to conduct commercial business within the jurisdiction of the National Park Service. Contact the Special Park Uses Coordinator at (570) 729-7134, ext. 2234 for information and assistance. Organizations who have active cooperative agreements with the park may utilize Park facilities free of charge. Cooperators will only be assessed overtime charges as determined by the Superintendent. A liability insurance policy ranging from $1,000,000.00 to $5,000,000.00 + will be required for any special event conducted at the Upper Delaware S&RR. The Superintendent may determine reduced liability insurance coverage for small attendance programs. Events providing alcohol will be required to post a $1,000,000.00 policy naming the Department of the Interior, National Park Service, Upper Delaware S&RR as co-insured. Insurance will be issued in the name of the group. A certificate of insurance must be provided before the activity may take place and received before the permit will be issued. A performance bond is the permittee's guarantee payment for potential damages to park resources. A performance bond will be required if the Superintendent has determined that prior activities conducted by the permittee have resulted in damage to park-owned or legislatively protected resources. A performance bond may also be required if the Superintendent has determined that intensive use of the Upper Delaware Scenic & Recreational River by the permittee may result in damages to its facilities and resources. The amount of the bond will be calculated based on the total cost of repair for predictable or possible damages that the park does not consider as normal maintenance. Performance bonds will be placed in the park’s reimbursable account. Permittee may place a bond with a commercial bonding agent. Events that serve food for the general public will conform to health sanitation standards as outlined in PA/NY State standards. In accordance with provisions of 36 CFR 2.51, a permit may be issued, at the discretion of the Superintendent, for public assemblies for the purpose of expressing freedom of religion, speech, or press, including the right to peaceable assembles. No fees, liability insurance or bond shall be assessed for any individual or group claiming First Amendment Rights. The Superintendent shall determine special use permit conditions of time, place, and manner to provide for visitor safety and safeguard park resources. The Park shall not support or condone any opinion expressed by special use permittees. A permit may be issued, at the discretion of the Superintendent, for such use but the sale and distribution of printed material is limited to areas established in the Compendium (36 CFR 2.52). Permittees shall not restrict visitor traffic, flow, or interfere with interpretive services. Appendix B: Description of Designated First Amendment AreasLackawaxen Parking Lot (Delaware Aqueduct):Grassy area of parking lot bordered by parking lot and sidewalk leading to towpath on downstream side of Delaware Aqueduct and south of sidewalk paralleling roadway and entrance to parking area. Demonstrators may not obstruct the sidewalks or roadways. Zane Grey Museum:Grassy area to the south of the bluestone sidewalk leading to the front entrance of the Zane Grey Museum following along Lackawaxen Drive to the southeast corner of the NPS property (marked by concrete posts). West along the mowed portion of the NPS property to the northwest corner then (east) to the sidewalk at the south side of the Zane Grey Museum. Demonstrators may not obstruct the sidewalks or roadways. |
Last updated: August 8, 2024