Compendium of Regulatory Provisions

 

2024 ver. 1/3/2024
Original Signature on file
Approved: Ken Bigley, Superintendent

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, manage visitor use, provide for visitor safety, and protect 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 prohibiting 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 online at:
https://www.ecfr.gov/current/title-36

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 1 et.seq. (Organic Act of 1954, 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 U.S.C. Section 1). 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. Section 3).

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. Sections 1a1-1a8), 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 1954.

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 Section 1 of this Title, shall be consistent with and founded in the purpose established by Section 1 of this Title, to the common benefit of all people of the United States.”

54 U.S.C. Section 1c 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 NPS 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 visitors 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, then 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, 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 554 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 park or specific park 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 Title 54 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 States 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 US Park Police or the park address.

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.

10. Additional Information

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

11. Availability

Copies of the Compendium are available at:
1551 Trap Road
Vienna, VA 22182

It may also be found at:
https://www.nps.gov/wotr/learn/management/compendium-of-regulatory-provisions-wolf-trap-national-park-for-the-performing-arts.htm

B. 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 3, the following provisions apply to all lands and waters administered by the National Park Service, within the boundaries of Wolf Trap National Park for the Performing Arts. Unless otherwise stated, these regulatory provisions apply in addition to the requirements contained in 36 CFR, Chapter 1, Parts 1-7.

Written determinations that 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.

I. 36 CFR §1.5 – VISITING HOURS, PUBLIC USE LIMITS, CLOSURES, AND AREA DESIGNATIONS FOR SPECIFIC USE OR ACTIVITIES

(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:

• The Park is open daily from sunrise to 30 minutes after sunset, subject to the below restrictions.

• Ranger Station hours vary by season and will be posted online and at the Ranger Station. The Ranger Station is closed on all recognized federal holidays.

• During the performance season (May-September), to minimize visitor use conflicts, only visitors with valid tickets may remain in the park on Filene Center performance evenings. The Park is closed to visitors without tickets, two hours prior to the published performance time daily.

• Upon completion of an evening performance the park is closed one hour after the show concludes.

• The Filene Center is always closed to the public except for ticket holders allowed access when gates are open for the performance, and for ranger guided tours.

• Outside of the performance season (October-April), the park is open to the public from sunrise to 30 minutes after sunset every day. The Ranger Station and other park facilities are always closed on Thanksgiving Day and Christmas Day when the park facilities are closed.

Justification: It is necessary to establish hours that the public may enter an area to protect the natural and cultural resources from resource damage, theft, vandalism and inappropriate group activities. It is also necessary for visitor safety since these areas can present hazardous conditions, which become extreme during the night hours.

Public Use Limits (please refer to 36 CFR 7.96):

• Maintenance and repair of any vehicle, except for emergencies, is prohibited in all public use areas. Washing and waxing of any vehicle is prohibited in all public use areas. Filming or photographing vehicles for sale is a commercial use and prohibited except by written permission of the superintendent. This is to protect natural resources and visitor experience and in compliance with other federal laws and regulations.
• Flying kites using glass-coated or other abrasive and/or non-biodegradable kite string or line in the park is prohibited. The flying of kites must not negatively affect other visitors. Each kite being flown must be under direct, constant control of a person, and all persons engaged in kite flying must make a reasonable effort to prevent resource damage, including collecting all kite materials. The flying of kites may not interfere with NPS/United States Park Police (USPP) operations. Kites should be flown at least 50 yards away from trees and may not be flown in or near any park buildings.
• No cleats are allowed.
• No access to turf is allowed during frosts, saturated conditions, or conditions that would cause turf damage. Notice of the closure will occur through signage, fencing, red flags, posting on the Park’s website or in the park permit office, or by ranger or officer on-site direction.
• Digging or otherwise damaging turf or other natural resources is prohibited.
• Open fires and/or cooking devices are not permitted within the park at any time, except by written permission of the Superintendent.
• "Tenting", i.e., the pitching of any kind of tents for shelter, including large event tents, is not permitted except by written permission of the Superintendent.
• Organized sports (baseball, soccer, football, croquet, etc.) are not permitted at any time, nor are the erection of sports equipment such as nets, goals, etc. Informal games, such as catch, Frisbee, etc., are permitted in the Meadow and Gil’s Hill area only.
• Items such as signs, decorations, and balloons are not to be attached to any park structures or natural features except the third-party deck areas. Balloons are permitted as part of pre-performance picnics and events, provided that these events occur outside the Filene Center House. Balloon releases of any kind are prohibited.
• Skating, rollerblading, and skateboarding are permitted on the paved parking lots when not in conflict with other park activities. They are prohibited elsewhere in the park, like non-paved trails and paths, the Filene Center, and Plaza areas.
• Bicycles are permitted on park roads and on the paved parking lots when not in conflict with other park activities. They are prohibited in all other areas of the park, including the Filene Center, trails, grassy, and forested areas.
  • “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 Horsepower).
  • E-bikes are allowed in Wolf Trap National Park for the Performing Arts 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 Wolf Trap National Park for the Performing Arts 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.”
• Cross-country skiing, snowboarding, and snowshoeing are permitted in the park on established trails and grassy areas. Sledding is permitted on grassy areas only. No winter activities of any kind are permitted in the Filene Center House or Plaza areas, or on park roads.
• Ice skating is prohibited for safety reasons.
• Smoking, including e-cigarettes or ‘vaping’, is prohibited in all areas of the Filene Center. Smoking is also prohibited in box office and theater entrance lines, within 25 feet of theater and building entrances, in restrooms, and at the Children’s Theatre-in-the-Woods. Smoking is allowed in parking lots and in park areas outside of the areas where it is prohibited.
• Pets, except for service animals, are prohibited in the Filene Center House, at the Children’s Theatre-in-the-Woods, in designated picnic areas, and in any area of the park being utilized for an authorized event except with written permission from the Superintendent. Where pets are permitted, they must be restrained on a leash of no longer than six feet. Pet owners/handlers are responsible for immediate removal of solid pet excrement.
• Swimming, bathing, or wading in the park is prohibited, due to water quality and other safety considerations.
• Camping or overnight park use is prohibited, except by written permission of the Superintendent.
• Small scale activities by park visitors, such as birthday parties and other celebrations, are allowed on park grounds provided that the Superintendent is notified in advance, that the activities do not conflict with primary park uses, and that the activities comply with all other items in this compendium. Small scale activities are private activities not associated with commercial or non-profit organizations that do not greatly impact park facilities and/or operations or are within the general range of gatherings typical of picnics and similar uses. Generally, small scale activities have 25 or fewer attendees. Users are expected to provide their own clean-up and carry out all trash, and park in the paved public parking lots. Amplified sound is not permitted. Advance notification allows the park staff to ensure that appropriate restrooms are unlocked, and other preparations made for visitor safety and assistance. It also ensures that the proposed area for use for the event will not be in use or conflict with another event. (Note: The use of the Filene Center and Meadow Pavilion performance areas, Encore Circle Lounge, Encore Hill Parking Area, and the pavilions are reserved through the Wolf Trap Foundation.)
• Large scale activities that are held in one of the third-party use areas require the advance notification and approval of the Superintendent. Large scale activities that do not use one of the third-party areas must have a special use permit. Large scale activities are those that generally have more than 25 attendees or conduct which has the effect, intent, or propensity to draw a crowd of onlookers.
• The public use of unlicensed motor vehicles is prohibited in the park, except for motorized wheelchairs or other mobility assistance devices used by mobility impaired persons.
• Persons that can legally possess firearms under applicable federal, state, and local laws can legally possess firearms in the park. Federal law prohibits firearms in designated federal facilities, including the Filene Center and Children’s Theatre in the Woods.
• Fishing with a rod or line is permitted in the park’s Farm Pond. All fishing is “Catch and Release” and all persons aged 16 or older fishing must possess a valid Virginia State Fishing License. Fishing is not permitted in Wolf Trap Creek.
• Food and drink, except for water, may not be brought into the covered seating area of the Filene Center. Water in any container may be brought into the covered seating area; all other beverages must be in an authorized Wolf Trap Pavilion cup to prevent spills. For the safety of the public, all coolers and picnic baskets allowed into the Filene Center ticketed area are limited to a maximum size of 18” width x 12” depth x 16” height or smaller, and other containers such as bags, backpacks, purses are restricted to a size no larger than 14” x 13” x 10”. Non foldable wagons and carts are prohibited inside the Filene Center. Visitors are limited to two items per person, not including blankets and small purses. To facilitate visitor safety, all coolers, baskets, and other such containers will be subject to security inspection for weapons, ammunition, and explosives. This public use limitation and security inspection will apply only to visitors who wish to enter the Filene Center and will not affect those who picnic and/or recreate outside the gates of the Filene Center. Record of Determination found in Appendix A.

Filene Center – Prohibited Items List

• Firearms, Projectile Weapons and Ammunition to include:
  • Firearms, BB or pellet guns, Compressed air guns, Antique firearms, Flare guns, Realistic replica or toy firearms, Spear guns, Starter pistols, Stun guns, and other electric weapons or controlled devices, Ammunition, shotgun shells or firearm cartridges, black powder, smokeless propellant powder (unless meeting the exemptions listed in 18 U.S.C. § 930(d)); and Slingshots
• Bladed, Edged, or Sharp Tools or Implements:
  • The list of prohibited bladed, edged, or sharp tools or implements includes, but is not limited to: Axes and hatchets; Machetes; Bows and arrows; Ice axes/ice picks; Throwing stars (martial arts); Sabers, swords, daggers, and other bladed devices (unless meeting the exemptions listed in 18 U.S.C. § 930(d)); and razor-type blades such as box cutters and razor blades not in a cartridge, but excluding pocket knives with blades of less than 2 ½ inches in length (unless meeting the exemptions listed in 18 U.S.C. § 930(d)).
• Club-like Items and Striking Devices:
  • The list of club-like items and striking devices includes but is not limited to: 1. Billy clubs; 2. Blackjacks; 3. Brass knuckles; 4. Chains in excess of 12 inches (Jewelry exceptions can be made); 5. Night sticks (unless meeting the exemptions listed in 18 U.S.C. § 930(d)); and 6. Martial arts weapons, including nunchucks and batons.
• Destructive Devices, Explosives, or Combustible Chemical Compounds and Mixtures:
  • The list of destructive devices, explosives, or any chemical compound or mixture that has a property of yielding readily to combustion or oxidation upon the application of heat, flame, or shock includes, but is not limited to: 1. Blasting caps or detonators; 2. Dynamite, nitroglycerin, trinitrotoluene, ammonium nitrate, and others; 3. Fireworks; 4. Gunpowder; 5. Hand grenades, mine, bomb, rocket, missile, pipe bomb, plastic explosives; 6. Realistic replicas of explosives or similar devices; 7. Explosive or expanding gases; 8. Gas torches; and 9. Flammable Liquids (i.e., gasoline, turpentine, and paint thinner) (unless meeting the exemption listed in 18 U.S.C. § 930(d)(3)).
• Disabling Chemicals and Other Dangerous Items:
  • The list of disabling chemicals and other dangerous items includes, but is not limited to: 1. Mace, pepper spray, tear gas, tear gas gun, or other chemical spray designed for self-defense (unless meeting the exemption listed in 18 U.S.C. § 930(d)); 2. Spillable batteries, except those in wheelchairs or similar devices used by a mobility impaired individual; 3. Spray paint (unless meeting the exemption listed in 18 U.S.C. § 930(d)(3)); and 4. Poisonous gases.
• Candles, bug repellant burning coils, anything that has a fire or flame
• Pets (except service animals)
• Suitcases, duffel bags or backpacks larger than 14”x 13” x 10”
• Coolers larger than 18”x 12” x 16”
• Professional photographic and video or audio recording equipment
• Grills
• Beer kegs
• Athletic equipment (e.g., balls and flying discs)
• Bicycles, scooters, or skates
• Tents or canopies
• Umbrellas over six feet in diameter
• Anything that needs to be staked into the ground
• Drones or other flying apparatus
• Any tangible objects that could reasonably threaten public safety and security
• Vehicles are not permitted to idle in accordance with the regulations of the state or district in which the vehicle is located. Fairfax County prohibits idling for longer than three minutes.

Filming and Photography:

• This section details filming and photography restrictions, conditions, public use limitations, closures and other designations that are allowed under the discretionary authority of the Superintendent.
  • The following filming and photography activities may take place within the park without a permit or advance notification to NPS.

i. Permits are not required for pictures or videos taken by the visiting public documenting their visit or by photographers documenting special events such as weddings and graduations and parties.
ii. Outdoor filming activities involving five (5) persons or fewer and equipment that will always be carried, except for small tripods used to hold cameras, may be conducted without a permit or advance notification to the NPS.

• Wolf Trap National Park for the Performing Arts requires a permit for all photography and filming that is not categorized as general visitor use. When in doubt if a permit is needed, contact the Division of Visitor Services prior to going to the park to shoot photos or video. Further information can be found at https://www.nps.gov/wotr/planyourvisit/permitsandreservations.htm

i. Filming and photography with a tripod or other supporting structures is prohibited in park restricted areas. Filming and photography may occur in restricted areas using hand-held equipment only that does not impede public access and enjoyment of the area.
ii. Filming or photography is prohibited in areas closed to the public.
iii. Filming or photography of any kind including the use of phone and portable electronic devices is prohibited in the Filene Center security screening area. Violating a term or condition of a permit issued may result in the suspension and revocation of the permit by the Superintendent.

• The organizer of filming activities involving more than five (5) people and/or equipment that cannot be carried must provide written notice to the Superintendent at least 10 days prior to the start of the proposed activity. Based upon the information provided, the Superintendent may require the organizer to apply for and obtain a permit if necessary to:

• maintain public health and safety;
• protect environmental or scenic values;
• protect natural or cultural resources;
• allow for equitable allocation and use of facilities; or
• avoid conflict among visitor use activities.

If the Superintendent determines that the terms and conditions of a permit could not mitigate the concerns identified above in an acceptable manner, the Superintendent may deny a filming request without issuing a permit. The Superintendent will provide the basis for denial in writing upon request. The NPS will consider requests and process permit applications in a timely manner.

Processing times for a written response will vary depending on the complexity of the proposed activity. If the organizer provides the required 10-day advance notice to the NPS and has not received a written response from the NPS that a permit is required prior to the first day of production, the proposed filming activities may occur without a permit. The following are prohibited:

i. Engaging in a filming activity without providing advance notice to the Superintendent when required.
ii. Violating a term and condition of a permit issued under this action.

Closures:

• Launching, landing, or operating an uncrewed aircraft from or on lands and waters administered by the National Park Service within the boundaries of Wolf Trap National Park for the Performing Arts is prohibited except as approved in writing by the Superintendent.

Definition: The term “uncrewed 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, communication links.) This term includes all types of devices that meet this definition (e.g. model airplanes, model rockets, quadcopters, drones) that are used for any purpose, including for recreation or commerce. This restriction covers all areas within Wolf Trap National Park for the Performing Arts. Uncrewed Aircraft Systems (UAS) use is further restricted by Federal rules which prohibit any aircraft from operating in the 30-mile Flight Restricted Zone around our nation's capital without specific FAA approval, which includes all uncrewed aircraft.

The National Park Service has not had sufficient time to adequately determine the effect and impact of this use of uncrewed aircraft in Wolf Trap National Park for the Performing Arts on the performances at the venues in the park; the pastoral setting; the safety of visitors walking, bicycling and driving in and through the park; the expression of 1st Amendment views; the impact on wildlife and the safety and security of official aircraft that operate over and in the park. The launching and retrieval of uncrewed aircraft, is a new use and subject to the requirements of the National Park Service Management Policies 2006, Sections 1.5 and 8.1, “Appropriate Use.” Before a new use can be allowed, it must be assessed to determine if it is “(1) appropriate to the purpose for which the park was established, and (2) can be sustained without causing unacceptable impacts” (Management Policies 2006, Section 8.1.1). Since that required assessment and evaluation has not yet been done, less restrictive methods involving the launching and retrieval of uncrewed aircraft are not appropriate. Notice of this temporary and partial closure and public use limitation will be made through media advisories, maps and posting at conspicuous locations in the affected park areas as required by 36 CFR 1.7. This determination is available to the public upon request.Justification: This is necessary to provide for visitor health and safety, protection of environmental, wilderness, and scenic values; protection of natural and cultural resources; avoidance of conflict among visitor use activities; impacts to view sheds; and reduction of unreasonable noise.

(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:

• Unless operated by a person with a disability, motorized personal mobility devices may only operate on sidewalks or multi-use trails in the following locations:

  • The Plaza of the Filene Center

  • The unpaved gravel trails leading to the Children’s Theatre-in-the-Woods.

• Users of motorized personal mobility devices must adhere to the following operating standards:

  • No person under 16 years of age may operate a motorized personal mobility device unless they have a disability.
  • A person shall operate any motorized personal mobility device in a safe and non-hazardous manner so as not to endanger oneself or any other person. The speed of the motorized personal mobility device will not exceed 8 M.P.H.
  • Motorized personal mobility devices should be parked alongside the bicycle racks near the box office.
  • Mini motorcycles (“pocket rockets,” dirt bikes, or similar) that are not licensed for street use are prohibited.

Justification: This provides for the use of mobility assistive devices within the park for individuals with disabilities and protection of the park resources against recreational activities inconsistent with park management.

• The park has identified the following locations as designated First Amendment areas:
  • Walkway south of the west-end of Barn Road (approximately 64 square feet).
  • The southwest corner of the intersection of the Encore Circle walkway and the east-end of Barn Road (approximately 64 square feet).
  • The picnic area between the Barn and Encore Hill (approximately 172 square feet)
  • These areas are sited to allow for maximum interaction with the visiting public, and to ensure public safety. Permits are generally required for demonstrations and First Amendment gatherings. See 36 CFR 7.96 (g) (2) for procedures.
• The following restrictions on recreational activities are in effect:
  • Jump houses and other air-filled land-based recreational devices are prohibited, as they can be unsafe and damage park resources.
  • Geocaching is prohibited, as it can disturb plant and animal habitat.
  • Orienteering off trail is prohibited, as park visitors are required to remain on trails to protect park resources.
  • Ice skating is prohibited on all waters, to promote visitor safety.
  • Climbing, rappelling, BASE jumping, bungee jumping, and slacklining, etc. is prohibited unless otherwise designated. Installing, attaching, or using any fixed tensioned ropes and/or webbing (slacklines), and other devices to trees is prohibited, as this damages the trees.
  • Hitting golf balls is prohibited.
  • Remote Controlled Toys-No person shall operate any radio-controlled or other remotely operated model, toy, or similar device, including but not limited to cars, helicopters, rockets, airplanes or gliders.

Justification: This is necessary to provide for visitor safety, protection of property, and reduce unnecessary noise

The following restrictions and/or conditions are in effect for the specific uses or activities noted:

Hiking and Pedestrian Use:

• Hiking and pedestrian use is restricted to the park’s trails and walkway system
• Leaving a trail or walkway to shortcut between portions of the same trail or walkway, or to shortcut between portions of the same trail or walkway is prohibited.

Justification: Restricting hikers and pedestrians to the park’s trails and walkways helps protect the fragile habitat and natural resources of the park.

(a)(3) The following restrictions, limits, closures, designations, conditions, or visiting hour restrictions imposed under §§(a)(1) or (2) have been terminated:

• None

II. 36 CFR §1.6 – ACTIVITIES THAT REQUIRE A PERMIT

(f) The following is a compilation of those activities for which a permit from the Superintendent is required:

• §1.5(d) The following activities related to Public Use Limits:

  • Gatherings of more than 25 people. These will require the issuance of a permit through proper application prior to the event.

  • Gatherings of less than 25 people that may impede the enjoyment of the park by other visitors.

• §2.4(d) Carry or possess a weapon, trap, or net

• §2.5(a) Specimen collection (Taking of plant, fish, wildlife, rocks or minerals)

• §2.12 Audio Disturbances:

  • (a)(2) Operating a chain saw in developed areas

  • (a)(3) Operation of any type of portable motor or engine, or device powered by a portable motor or engine in non-developed areas

  • (a)(4) Operation of a public address system in connection with a public gathering or special event for which a permit has been issued pursuant to §2.50 or §2.51

• §2.17 Aircraft & Air Delivery:

  • (a)(3) Delivery or retrieval of a person or object by parachute, helicopter or other airborne means

  • The use of balloons (e.g., helium, hot air and water balloons) are prohibited unless authorized in writing by the Superintendent or his/her designated representative, for use as part of scientific or research purposes.

  • (c)(1) Removal of a downed aircraft

• §2.37 Soliciting or demanding gifts, money goods or services

(Pursuant to the terms and conditions of a permit issued under §2.50, §2.51 or §2.52)

• §2.38 Explosives:
  • (a) Use, possess, store, transport explosives, blasting agents
  • (b) Use or possess fireworks
• §2.4(e) Wildlife protection
  • A scientific research permit or special use permit is required to view wildlife using artificial light at night in the park.

Justification: This is necessary to protect the nocturnal park wildlife from interference with their natural activities.

• §2.50(a) Conduct a sports event, pageant, regatta, public spectator attraction, entertainment, ceremony, and similar events

• §2.51(a) Public assemblies, meetings, gatherings, demonstrations, parades and other public expressions of opinions

Justification: To conform with National Park Service Special Park Uses Program requirements.

• §2.52(c) Sale or distribution of printed matter that is not solely commercial advertising

• §2.60(b) Livestock use: N/A

• §2.61(a) Residing on federal lands: N/A

• §2.62 Memorialization:

  • (a) Erection of monuments (Requires approval from Regional Director)
  • (b) Scattering ashes from human cremation is prohibited

• §3.3 Use of a vessel: N/A

• §4.11(a) Exceeding vehicle load, weight, length, and width limits as established by state law

• §5.1 Advertisements - (Display, posting or distribution.): N/A

• §5.2(b) Sale of intoxicants shall contain the general and special conditions as the Regional Director may deem reasonably necessary to insure safe and orderly management of the park area.

• §5.3 Engaging in or soliciting any business requires a permit, contract or other written agreement with the United States or must be pursuant to special regulations.

• §5.5 Commercial Photography/Filming:

  • (a) Commercial filming of motion pictures or television involving the use of professional casts, settings or crews, other than bona fide newsreel or news television
  • (b) Still photography of vehicles, or other articles of commerce or models for the purpose of commercial advertising.
  • Note: The Wolf Trap Foundation controls recording and photography rights for performances within the Filene Center and for park festivals in the performance season, per the cooperative agreement between the Foundation and NPS.

• §5.6(c) Use of commercial vehicles on park area roads

• §5.7 Construction of buildings, facilities, trails, roads, boat docks, path, structure, etc.

• §6.9(a) Operation of a solid waste disposal site: N/A

• Part 7 Special Regulations--NCR has special regulations under 36 CFR 7.96.
  Please refer to that document for specific information related to the NCR parks.

• §7.96(g) Demonstrations and First Amendment gatherings

• §7.96(k) Solicitation is allowed if under a permit and if it occurs within the confines of the permit area as part of an ongoing demonstration or special event activity. All currency must be always maintained and stored out of public view. Exacting a payment, or requesting a donation in exchange for merchandise, constitutes a sale and is not allowed unless it complies with NPS special sales regulations. No sales shall be made, and no article may be exposed for sale without a permit.

III. GENERAL REGULATIONS

36 CFR §2.1 – PRESERVATION OF NATURAL, CULTURAL AND ARCHEOLOGICAL RESOURCES

(a)(4) Using or possessing wood gathered from within the park area is prohibited.

(b) Hiking or pedestrian traffic is restricted to the trail(s) or walkway(s) as directed in 36 CFR §1.5 of this document.

Under, §2.1(a) collecting natural materials from the park is generally prohibited. However, pursuant to §2.1(c), the following fruits, nuts, berries or unoccupied seashells may be gathered by hand for personal use or consumption, in accordance with the noted size, quantity, collection sites and/or possession and consumption restrictions:

• One gallon per person per day anywhere in the park-blackberries, raspberries

• One gallon per person per day anywhere in the park-chestnuts

36 CFR §2.2 - WILDLIFE PROTECTION

• Hunting is not authorized within the boundary of the Park.

36 CFR §2.3 – FISHING

• Fishing, catch and release only, is permitted in the Farm Pond and requires a Virginia state fishing license for those 16 and older.

36 CFR §2.4 – WEAPONS, TRAPS, AND NETS

(a)(1)(i) & (ii) Visitors may possess and carry firearms within Wolf Trap National Park for the Performing Arts in accordance with federal, state, and local laws.

• Federal law prohibits firearms in certain park facilities and buildings. These places are marked with signs at public entrances. Thus, firearms are prohibited in all park buildings, as well as all ticketed areas of the Filene Center and Children’s Theatre-in-the-Woods.

• Federal law makes possession of firearms in national parks subject to local and state firearms laws. It is the responsibility of visitors to understand and comply with all applicable state, local, and federal firearms laws before entering this park.
  Other weapons, traps and nets as defined under 36 CFR 1.4 will require a permit.

36 CFR §2.5 – RESEARCH SPECIMENS

(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 required specimen collection permit.

36 CFR §2.10 – CAMPING and FOOD STORAGE

(a) Camping is not generally allowed in the park. Under special conditions and with a permit, visitors may camp in the Meadow.

Justification: Camping in Wolf Trap National Park for the Performing Arts is an intensive use, and the park does not have the resources nor the amenities to allow for camping. These conditions are established to protect the natural and cultural resources in the park, provide for the enjoyment of the public, and provide for public safety.

36 CFR §2.11 – PICNICKING

Conditions for Picnicking:

• Picnicking is permitted in all picnic areas and public spaces outside of the ticketed area of the Filene Center.
• Food and drink, except water, may not be brought into the covered seating area of the Filene Center. Water in any container may be brought into the covered seating area; all other beverages must be in an authorized Wolf Trap Pavilion cup to prevent spills. For the safety of the public, all coolers and picnic baskets allowed into the Filene Center ticketed area are limited to a maximum size of 18” width x 12” depth x 16” height or smaller, and other containers such as bags, backpacks, purses are restricted to a size no larger than 14” x 13” x 10”. Non-foldable wagons and carts are prohibited inside of the Filene Center. Visitors are limited to two items per person, not including blankets and small purses. To facilitate visitor safety, all coolers, baskets, and other such containers will be subject to security inspection for weapons, ammunition and explosives. This public use limitation and security inspection will apply only to visitors who wish to enter the Filene Center and will not affect those who picnic and/or recreate outside the gates of the Filene Center. Record of Determination found in Appendix A.

36 CFR §2.12 – AUDIO DISTURBANCES

(a)(2) Operating a power saw in developed areas is prohibited, except pursuant to the terms and conditions of a permit.

(a)(3) Operating any type of portable motor or engine, or device powered by a portable motor or engine in non-developed areas is prohibited, except pursuant to the terms and conditions of a permit.

(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.

• Any sound amplification equipment must not unreasonably disturb nonparticipating persons or others in the vicinity of the area.

36 CFR 2.13 – FIRES
(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 permit may authorize open flame candles relating to a demonstration, but such candles must be always hand-held and equipped with drip protectors to protect park resources. Because wax can cause permanent damage unless removed properly and in a timely fashion, if wax drips occur in park areas, they shall contact the park’s Superintendent to ensure proper removal treatment occurs.
  
• A permit may authorize open flame candles for special events. A fire extinguisher must be present when using open flames.

Justification: This condition is necessary to reduce potential fire escapes and endangering public health.

36 CFR §2.14 – SANITATION and REFUSE

(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 NOT allowed

(a)(5) Bathing or washing food, clothing, dishes, or other property at public water outlets, fixtures, or pools is prohibited.

36 CFR §2.15 – PETS

• Domestic pets are only authorized in outdoor, recreational areas of parks.
• Pets must be restrained, in a pet carrier or on a leash no longer than 6 feet, and always accompanied while in the park.
• Leashes must be no longer than 6 feet. The leash shall be always held by a person capable of managing the pet.
• Animals that do not meet the definition of a domestic pet are not allowed in parks, without specific authorization as provided by a special use permit.
• Further restrictions on pets/animals may be defined within special use permits issued for events.
• Note: This section on pets does not apply to service animals, and dogs used by law enforcement in the performance of their duties.

Justification: Domesticated animals are known to alter the movements and reactions of wildlife in the park. Pets are known to chase and harass native animals.

(a)(1) Possessing pets in public buildings, public transportation vehicles, swimming beaches, and the following structures and/or areas is prohibited:

• The Filene Center

• Children’s Theatre-in-the-Woods seating area

(a)(3) Leaving a pet unattended and/or tied to an object is prohibited.

(a)(5) Pet excrement must be picked up and disposed of immediately by placing in a trash receptacle.

Justification: The Superintendent has determined that these prohibitions and restrictions are necessary for public safety, public enjoyment, and resource protection.

36 CFR §2.19 – WINTER ACTIVITIES

Winter activities such as walking, sliding, cross-country skiing, snowshoeing, and tobogganing are permitted on park trails with a sufficient snow cover.

Winter activities are prohibited on snow emergency routes and closed park roads unless otherwise designated.

(a) Skiing, snowshoeing, ice skating, sledding, inner-tubing, tobogganing, and similar winter sports are prohibited on park roads and in parking areas open to motor vehicle traffic.

36 CFR §2.20 – SKATING, SKATEBOARDS and SIMILAR DEVICES
Using roller skates, skateboards, roller skis, coasting vehicles, or similar devices is prohibited, except in the following designated areas:

• Paved parking lots when not in conflict with other park activities.

36 CFR §2.21 – SMOKING

(a) The following portions of the park, or all or portions of buildings, structures or facilities are closed to smoking as noted:

• All buildings, structures, or facilities, including picnic pavilions and comfort stations are closed to smoking.
• Smoking is prohibited within 25 feet of any building entrance.
• Smokers in outside areas must dispose of fully extinguished smoking materials in proper trash containers.
• The Superintendent may ban smoking in park areas during periods of high fire danger.
• Smoking is prohibited within 500 feet of fuel storage.
• Smoking is prohibited in ticketed areas of the Filene Center and Children’s Theatre-in-the-Woods.

Justification: Smoking is prohibited to protect park resources, reduce the risk of fire, or prevent conflicts among visitor use activities and provide for a healthy work environment.

36 CFR §2.22 – PROPERTY

(a)(2) Leaving property unattended for longer than 24 hours is prohibited, except in the following locations or under the following conditions:

• Disabled vehicles or vehicles that owners are too intoxicated to operate, may be left in parking lots for no longer than 2 days after notification and approval of NPS/US Park Police official.

36 CFR §2.35 –ALCOHOLIC BEVERAGES and CONTROLLED SUBSTANCES

(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:

• The use, sale, or possession of alcoholic beverages is prohibited in all areas of the park except in designated areas of approved concessions contracted by the government and assigned by the Superintendent or within limited and clearly designated areas if authorized under a specific permit issued by the Superintendent.

• The consumption of alcoholic beverages is permitted in all outdoor areas of the park.

• The use or possession of alcoholic beverages is prohibited in all government buildings except by written exemption from the Secretary of the Interior.

36 CFR §2.37 – NONCOMMERCIAL SOLICITING

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.

36 CFR §2.38 – EXPLOSIVES

(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) Fireworks and firecrackers may not be possessed and/or used within the park except pursuant to the terms and conditions of a permit.

36 CFR §2.50 – SPECIAL EVENTS

(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.

36 CFR §2.51 -- DEMONSTRATIONS

(b) Demonstrations of more than 25 people are allowed within park areas designated as available under paragraph (c)(2) when the Superintendent has issued a permit for the activity.

36 CFR §2.52 -- SALE OR DISTRIBUTION OF PRINTED MATTER

(b) The sale or distribution of printed matter by more than 25 persons is allowed within park areas designated as available under §2.51(c)(2) (see above) when the Superintendent has issued a permit.36 CFR §2.62 – MEMORIALIZATION(a) The installation of a monument, memorial, tablet, structure, or other commemorative installation in a park area without the authorization of the 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 §2.62 – MEMORIALIZATION
(a) The installation of a monument, memorial, tablet, structure, or other commemorative installation in a park area without the authorization of the 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 §4.10 – TRAVEL ON PARK ROADS AND ROUTES

• Park roads, open for travel by motor vehicle are those indicated below, and/or as indicated in the following publication or document (attached hereto):

Park roads may be closed during snow events. These roadways include all major commuter corridor routes and adjacent roads that need to be cleared for emergency vehicles without interference. The presence of recreational users for winter activities in closed areas present hazardous situations for both visitors and operators clearing roadways. All vehicles on these roads during a declared snow emergency are subject to immediate towing without notification.

36 CFR §4.21 – SPEED LIMITS

(b) The following speed limits are established for the routes/roads indicated:

• Pursuant to 36 CFR 4.21, the maximum speed limits on all park roads are as posted.

• Where the speed limit is not posted (i.e.; parking lots) the maximum speed allowed shall be 15 MPH.

36 CFR §4.30 – BICYCLES

(a) The use of a bicycle is prohibited except on park roads, in parking areas, and on routes designated for bicycle use.

• Bicycles are allowed on sidewalks outside of the Filene Center. Bicycles are not allowed anywhere inside of the Filene Center.

• Bicycles should be parked in the bicycle racks next to the Box Office near the Main Gate of the Filene Center.

• All unpaved trails, and off-trail or off-road areas are closed to bicycle use.

• Bicycles must be operated at speeds reasonable for existing conditions. Speed should not exceed 15-mph on paved multi-use recreation trails or 25-mph on paved roadways.

• Bicyclists must adhere to protective equipment requirements and regulations set by Fairfax County, Virginia.

• E-bikes are allowed in Wolf Trap National Park for the Performing Arts 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 Wolf Trap National Park for the Performing Arts 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.

Definition: 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 hp)

36 CFR §5.1 – ADVERTISEMENTS

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.

36 CFR §5.3 – BUSINESS OPERATIONS

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.

36 CFR §5.5 – COMMERCIAL PHOTOGRAPHY

• Before any motion picture may be filmed or any television production or soundtrack may be made by any person other than bona fide newsreel or news television personnel, written permission must first be obtained from the Superintendent.

• 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.

36 CFR §5.6 – COMMERCIAL VEHICLES

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.

36 CFR §5.7 – CONSTRUCTION OF BUILDINGS OR OTHER FACILITIES

Such activities are prohibited, except in accordance with the provisions of a valid permit, contract, or other written agreement with the United States.

 

The park has identified the following locations as designated First Amendment areas:
o Walkway south of the west-end of Barn Road (approximately 64 square feet).
o The southwest corner of the intersection of the Encore Circle walkway and the east-end of Barn Road (approximately 64 square feet).
o The picnic area between the Barn and Encore Hill (approximately 172 square feet)