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It is the responsibility of visitors to understand and comply with all applicable state, local, and federal firearms laws before entering this park. Superintendent's CompendiumThe 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. 2023 Superintendent's Compendium Signed by David Hallac, Superintendent, National Parks of Eastern North Carolina, April 17, 2023
The Superintendent’s Compendium is the summary of park specific rules implemented under 36 Code of Federal Regulations (36 CFR). It serves as public notice, identifies areas closed for public use, provides a list of activities requiring either a special use permit or reservation, and elaborates on public use and resource protection regulations pertaining specifically to the administration of the park. The Superintendent’s Compendium does not repeat regulations found in 36 CFR and other United States Code and CFR Titles, which are enforced without further elaboration at the park level. The regulations contained in 36 CFR, Parts 1-7, are the basic mechanism used by the National Park Service (NPS) to preserve and protect the natural and cultural resources of the park and to protect visitors and property within the park. Parts 1 through 6 are general regulations applicable to all areas of the National Park system, and Part 7 contains special regulations specific to individual parks. Each of these Parts has many sections and subsections articulating specific provisions. Within some of these Part 1-7 sections and subsections, the Superintendent is granted discretionary authority to develop local rules to be responsive to the needs of a specific park resource or activity, park plan, program, and/or special needs of the general public. As an example, 36 CFR 1.5(a) Closures and Public Use Limits provides the Superintendent certain discretion in allowing or disallowing certain activities. The authority granted by the Section, however, requires the Superintendent to comply with the Administrative Procedures Act (6 USC Section 551), which requires public notice on actions with major impact on visitor use patterns, park resources or those that are highly controversial in nature. Another example is 36 CFR 1.6 Permits, which allows the Superintendent to require a permit for certain uses and activities in the park. This Section, however, requires that a list of activities needing a permit (and a fee schedule for the various types of permits) be maintained by the park. A final example is 36 CFR 2.1(c) (1) Preservation of Natural, Cultural and Archeological Resources, which provides the Superintendent the authority to designate certain fruits, nuts, berries or unoccupied seashells which may be gathered by hand for personal use or consumption. This activity can occur, however, only if a written determination shows that the allowed activity does not adversely affect park wildlife, the reproductive potential of a plant species, or otherwise adversely affect park resources. This Compendium should be used in conjunction with Title 36 CFR, Parts 1-7, to more fully understand the regulations governing the use and enjoyment of all the areas of the national Park System. A copy of Title 36, CFR, can be purchased from the U.S. Government Printing Office at: Superintendent of Documents P.O. Box 371954 Pittsburgh, PA 15250-7954 The CFR is also available on the Internet at: http://www.access.gpo.gov/nara/cfr/waisidx_05/36cfrv1_05.html 2. Laws and Policies Allowing the Superintendent to Develop This Compendium The Secretary, acting through the Director of the National Park Service, shall promote and regulate the use of the National Park System by means and measures that conform to the fundamental purpose of the System units, which purpose is to conserve the scenery, natural and historic objects, and wild life in the System units and to provide for the enjoyment of the scenery, natural and historic objects, and wild life in such manner and by such means as will leave them unimpaired for the enjoyment of future generations (54 U.S.C. §100101(a)). In 1970, Congress declared: (A) the National Park System, which began with establishment of Yellowstone National Park in 1872, has since grown to include superlative natural, historic, and recreation areas in every major region of the United States and its territories and possessions; (B) these areas, though distinct in character, are united through their interrelated purposes and resources into one National Park System as cumulative expressions of a single national heritage; (C) individually and collectively, these areas derive increased national dignity and recognition of their superb environmental quality through their inclusion jointly with each other in one System preserved and managed for the benefit and inspiration of all the people of the United States; and (D) it is the purpose of this division to include all these areas in the System and to clarify the authorities applicable to the System (54 U.S.C. §100101(b)). 54 U.S.C. §100102(2) defines the National Park System as” …any areas of land and water administered by the Secretary, acting through the Director, 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, NPS, in the form of Director’s Orders. As stated in the Management Policies, the primary responsibility of the NPS is to protect and preserve our national natural and cultural resources while providing for the enjoyment of these resources by visitor and other users, as long as use does not impair specific park resources or overall visitor experience. The appropriateness of any particular visitor use or recreational experience is resource-based and will vary from park to park; therefore, a use or activity that is appropriate in one park area may not be appropriate in another. The Superintendent is directed to analyze overall park use and determine if any particular use is appropriate. Where conflict arises between use and resource protection, where the Superintendent has a reasonable basis to believe a resource is or would become impaired, 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 on a number of small entities nor impose a significant cost on any local, state or tribal government or private organization, and therefore does not fall under the requirements of either the Regulatory Flexibility Act or the Unfunded Mandates Reform Act. The actions and requirements described in this Compendium are found to be categorically excluded from further compliance with the procedural requirements of the National Environmental Policy Act (NEPA) in Department of the Interior (DOI) Guidelines 516 DM 6 and as such, an Environmental Assessment will not be prepared. 4. Development of the Requirements of the Superintendent’s Compendium As outlined above, the NPS has broad authority and responsibility to determine what types of uses and activities are appropriate in any particular National Park System area. The requirements of the Superintendent’s Compendium are developed through an analysis and determination process. The decision criteria used during this process are: • Is the use or activity consistent with the NPS Organic Act and NPS policy? • Is the use or activity consistent and compatible with the park’s enabling legislation, management objectives, and corresponding management plans? • Will the use or activity damage the park’s protected natural and cultural resources and other protected values? • Will the use or activity disturb or be in conflict with wildlife, vegetation, and environmental protection actions and values? • Will the use or activity conflict with or be incompatible with traditional park uses and activities? • Will the use or activity compromise employee or public safety? 5. Applicability of the Compendium The rules contained in this Compendium apply to all persons entering, using, visiting or otherwise present on federally owned lands, including submerged lands, and waters administered by the NPS within the legislative boundaries of the park. This includes all waters subject to the jurisdiction of the United States, including all navigable waters. 6. Enforcement of Compendium Requirements NPS Law Enforcement Park Rangers enforce the requirements of the United State Code, 36 CFR, and this Superintendent’s Compendium. 7. Penalties for Not Adhering to the Compendium Requirements A person who violates any provision of the regulations found in 36 CFR, Parts 1-7, or provisions of this Compendium, is subject to a fine as provided by law (18 U.S.C. 3571) up to $5,000 for individuals and $10,000 for organizations, or by imprisonment not exceeding six months (18 U.S.C. 3559), or both, and shall be adjudged to pay all court costs associated with any court proceedings. You may receive a list of fines associated with any particular provision by contacting the Chief Ranger at the park address found below. 8. Comments on the Compendium The Compendium is reviewed annually and revised as necessary. The park welcomes comments about its program and activities at any time. Written comments on the Compendium may be submitted to: Superintendent Wright Brothers National Memorial 1401 National Park Road Manteo, NC 27954 9. Effective Date of the Superintendent’s 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 Park Headquarters located at: 1401 National Park Drive, Manteo, NC 27954 It may also be found at https://www.nps.gov/wrbr/learn/management/lawsandpolicies.htm Under the authority of Title 54 USC Section 100751(a), and Title 36, Code of Federal Regulations, Chapter 1, Parts 1-7, a Superintendent's Compendium is established for Wright Brothers National Memorial. Regulations listed in this compendium are requirements in addition to those listed in the specific section found in Title 36 unless otherwise noted. The specific authority for this regulatory procedure is found in § 1.5, 1.6, and 1.7 of Title 36. Written determinations, which explain the reasoning behind the Superintendent’s use of discretionary authority, as required by Section 36 CFR 1.5 (c), appear in this document identified as “justification.”
(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: Park Grounds Park grounds are open to pedestrians 24 hours a day. The park gates are closed to motor vehicles from 5pm-9am daily. Aircraft Operations Aircraft maintenance and refueling are prohibited unless in emergency circumstances. (Justification: The facilities at First Flight do not allow for a proper response to a hazardous materials spill.) Unauthorized vehicles and pedestrians are not permitted on the airstrip tarmac or runways. (Justification: Prohibiting vehicles and pedestrians on the aircraft parking ramps and runways increases the safety of both pilots and visitors.) Aircraft operations are prohibited from ½ hour after sunset to ½ hour before sunrise. (Justification: The airstrip is not lighted and subsequently cannot be used safely after daylight hours.) Sidewalks, Foot Trails and Bicycle Routes Automobiles, motorcycles, bicycles or other vehicles shall not be operated on the sidewalks and foot trails of Wright Brothers National Memorial except as authorized by the Superintendent. The Wright Brothers bike path parallel to Colington Road connecting Colington Road and 1st Street and the paved trail connecting Colington Road to Memorial Road adjacent to the airstrip parking is a designated bicycle route. (Justification: Limiting bicycles to paved roads and designated bicycle paths/routes enhances visitor safety in congested pedestrian areas.) Unmanned Aircraft • Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the NPS within the boundaries of Wright Brothers National Memorial is prohibited except as approved in writing by the superintendent. • Personal recreational use is not currently authorized. • In limited cases the following activities may be considered acceptable use of UAS systems and subject to approval by the superintendent. Administrative use includes the use of unmanned aircraft by:
The term “unmanned aircraft” means a device that is used or intended to be used for flight in the air without the possibility of direct human intervention from within or on the device, and the associated operational elements and components that are required for the pilot or system operator in command to operate or control the device (such as cameras, sensors, communication links). This term includes all types of devices that meet this definition (e.g. model airplanes, quadcopters, drones, model rockets) that are used for any purpose, including recreation or commerce. (Justification: Due to the proximity and volume of public use within the Memorial, visitor and aircraft safety are seriously compromised if unmanned aircraft are launched from or operated over park grounds.) (a)(2) The superintendent may designate areas for a specific use or activity or impose conditions or restrictions on a use or activity. Ground disturbing tools All instruments that may be used to dig, disturb, or penetrate the ground (including but not limited to shovels, trowels, probes, axes, picks, etc.) are prohibited to possess while within the boundaries of Wright Brothers National Memorial. (Justification: Recent illegal activity associated with these instruments has occurred and caused significant damage to the park resources. The mere possession of these items represents the owner’s intent to potentially use them. This does not apply to instruments secured in a vehicle while visiting Wright Brothers National Memorial.) COVID 19 Guidelines When the COVID-19 Community Level is LOW or MEDIUM in the county or all the counties where the park is located based on data provided by the Centers for Disease Control and Prevention (CDC), individuals are not required to wear masks. When the COVID-19 Community Level is HIGH in the county or all the counties where the park is located based on data provided by the CDC, all individuals over the age of two must wear masks, regardless of vaccination status, in all common areas and shared workspaces in buildings owned, leased, or otherwise controlled by the National Park Service, including, but not limited to, park visitor centers, administrative offices, lodges, gift shops and restaurants. When the COVID-19 Community Level is HIGH in one or more, but not all, of the counties where the park is located based on data provided by the CDC, the superintendent will determine whether individuals are required to wear masks. The requirement, if any, will apply to all facilities within the park. Masks must cover the nose and mouth and fit snugly around the nose and chin with no large gaps around the sides of the face. Masks not designed to be protective, masks with ventilation valves, and face shields do not meet the requirement. Regardless of the COVID-19 Community Level, individuals may wear masks if they choose to do so. Where a state, local, tribal, or territorial government where the park is located imposes more protective mask-wearing requirements than those indicated by the COVID-19 Community Level, individuals must follow those more protective requirements within the park. More protective state, local, tribal, or territorial mask-wearing requirements are hereby adopted as federal requirements in all units of the National Park System located within that state, locality, area subject to a federally recognized Indian tribe’s regulatory jurisdiction, or territory, regardless of a particular park’s jurisdictional status. Additionally, all individuals must wear masks in or on public transportation conveyances and transportation hubs/facilities, to the extent required by current orders or directives issued by the CDC, the Transportation Security Administration (TSA), or other federal agencies with jurisdiction over those conveyances or areas. As of March 4, 2022, CDC and TSA orders or directives require all individuals regardless of vaccination status to wear masks in indoor areas of all forms of public transportation conveyances, including busses, trains, and boats/ferries, and in the indoor premises of transportation hubs/facilities. Individuals are not required to wear masks while outdoors on conveyances or while outdoors on the premises of transportation hubs/facilities. (Justification: In accordance with E.O. 13991, it is the policy of the National Park Service and Wright Brothers National Memorial to halt the spread of coronavirus disease 2019 (COVID–19) by relying on the best available data and science-based public health measures. Such measures include wearing masks when around others, physical distancing, and other related precautions recommended by the CDC. (f) The following is a compilation of those activities for which a permit from the superintendent is required. A permit may be requested by contacting Park Headquarters at 252-473-2111.
Permits are required for the following activities: - Non-commercial soliciting (Section 2.37) - Special events (Section 2.50) - Public assemblies/meetings (Section 2.51) Designated First Amendment areas are identified in attached maps - Sale/distribution of printed matter (Section 2.52) - Business operations (Section 5.3) - Commercial photography (Section 5.5) (e) All areas within the park are closed to viewing wildlife with any type of artificial light. (Justification: Prohibiting the use of artificial lights minimizes the potential for the illegal taking of wildlife.)
(h) Notwithstanding any other provision in this Chapter, a person may possess, carry, and transport concealed, loaded, and operable firearms within a national park area in accordance with the laws of the state in which the national park area, or that portion thereof, is located, except as otherwise prohibited by applicable Federal law.
*****Service animals are not subject to the park’s pet policies and when accompanying an individual with a disability, they are allowed wherever visitors are allowed. A service animal means any dog or miniature horse that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability.
(a)(5) Failing to comply with pet excrement disposal conditions which may be established by the superintendent. Pet excrement must be picked up and properly disposed of. (Justification: Pet excrement, besides being unpleasant, presents a public health andsafety hazard and can potentially adversely impact a visitor’s experience.) The following are prohibited:(b) The use of horses or pack animals outside of trails, routes or areas designated for their use. Horseback riding is prohibited within Wright Brothers National Memorial. (Justification: All existing roads and trails within Wright Brothers National Memorial are designed either for motor vehicles or pedestrian use. The mixing of horseback riding in those areas with the present volume of vehicle and pedestrian use would present a greater potential for resource damage or personal injury.)
Using roller skates, skateboards, roller skis, coasting vehicles, or similar devices are prohibited, except in the following designated area: Wright Brothers bike path.
(Justification: Prohibiting said use on sidewalks and foot trails prevents the unsafe mix of pedestrians and vehicles on the foot trails. The sidewalks up the 90 foot plus stabilized dune, on which the granite pylon is erected, tempts certain visitors to use skateboards, wagons, bicycles, and other wheeled devices to utilize the sidewalks for high speed downhill runs endangering pedestrians and themselves. The Wright Brothers bike path adjacent to and perpendicular to Colington Road is conducive to bicycles and is a designated bicycle trail.) The superintendent may designate a portion of a park area, or all or a portion of a building, structure or facility as closed to smoking when necessary to protect park resources, reduce the risk of fire, or prevent conflicts among visitor use activities. Smoking is prohibited in all government buildings.
(Justification: The restrictions on smoking are required and are in accordance with Federal Regulations, 41 CFR 101-20.105-3.) (a)(3)(i)(A) The superintendent may close all or a portion of a public use area or publicfacility within a park area to the consumption of alcoholic beverages and/or to the possession of a bottle, can or other receptacle containing an alcoholic beverage that is open,or that has been opened, or whose seal is broken or the contents of which have been partially removed. Provided however, that such a closure may only be implemented following a determination made by the superintendent that the consumption of an alcoholicbeverage or the possession of an open container of an alcoholic beverage would be inappropriate considering other uses of the location and the purpose for which it is maintained or established.
The consumption of alcoholic beverages is prohibited in all visitor centers, museums, and government offices and buildings, unless authorized by a Special Use Permit. (Justification: The consumption and possession of alcoholic beverages in visitor centers, museums, and government offices and buildings is not conducive to the purpose of the facilities.) (b)(1)(2) The superintendent must designate on a map, which must be available in the office of the superintendent and by public notice under 1.7 of this chapter, the locations designated as available for demonstrations and the sale or distribution of printed matter.
The following locations are designated: Wright Brothers Assembly Areas #1 and #2 as designated on attached map. (b) The superintendent may designate a different speed limit upon any park road when a speed limit set forth in paragraph (a) of this section is determined to be unreasonable, unsafe or inconsistent with the purposes for which the park area was established.
Unless otherwise posted, the speed limit within Wright Brothers National Memorial is 15 mph. (Justification: The majority of the vehicle roads within Wright Brothers National Memorial are adjacent to or within parking lots and there are several directional signs which cause first time visitors to travel at slow speed in an attempt to find out where they are; therefore, 15 mph is considered to be the maximum safe speed on park roads.) (i) Electric bicycles.(1) The use of an electric bicycle may be allowed on park roads, parking areas, and administrative roads and trails that are otherwise open to bicycles. The Superintendent will designate the areas open to electric bicycles, or specific classes of electric bicycles, and notify the public pursuant to 36 CFR 1.7
Federal Laws, NPS Policies, and Assimilated LawsLaws are created by Congress and establish the highest order of legal authority over national parks.
First Amendment Demonstration Areas
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Last updated: March 26, 2024