Superintendent's Compendium
Of Designations, Closures, Permit Requirements and Other Restrictions Imposed Under Discretionary Authority.
Approved: (Signature on File) Date: February 26, 2024
Jim Bailey, Superintendent
In accordance with regulations and the delegated authority provided in Title 36, Code of Federal Regulations (“36 CFR”), Chapter 1, Parts 1-7, authorized by Title 16 United States Code, Section 3, the following provisions apply to all lands and waters administered by the National Park Service, within the boundaries of Appomattox Court House National Historical Park. Unless otherwise stated, these regulatory provisions apply in addition to the requirements contained in 36 CFR, Chapter 1, Parts 1-7.
Written determinations, which explain the reasoning behind the Superintendent’s use of discretionary authority, as required by Section 1.5(c), appear in this document identified by italicized print.
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: 9:00 AM – 5:00 PM daily (with the exception of the following holidays: New Year’s Day, Thanksgiving, and Christmas Day.
In order to protect the Park’s cultural and natural resources, the above visiting hours pertain to the following areas:
Visiting hours of sunrise to sunset for adjacent grounds and trails pertain to the following areas:
- Village Area and adjacent grounds
- North Carolina Monument and parking area.
- Confederate Cemetery Parking area.
- Lee’s Headquarters and parking area.
- Grant’s Headquarters and parking area.
- Sweeney and Ferguson Wildlife Trails.
Public Use Limits:
- Any athletic activity that interferes with other visitor use, enjoyment, or safety is prohibited.
- Athletic activities such as softball, football, lacrosse, horseshoes, badminton, Frisbee throwing and kite flying, golf, etc. are prohibited.
- The washing, waxing, repairing, or servicing of vehicles is prohibited. Emergency repairs to vehicles are allowed.
The nature and purpose of the park to commemorate the surrender and preserve and protect park resources and landscape features is not consistent with these activities.
Closures:
- Gordon Drive dwellings, structures and immediate surroundings are closed to public access year-round.
This area of the park serves as a park meeting location, storage facility and employee housing. It is not an established visitor use area and poses potential safety hazards to visitors.
Unmanned Aircraft
Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of Appomattox Court House National Historical Park are 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:
1. NPS personnel as operators or crew.
2. Cooperators such as government agencies and universities.
3. For scientific Research that benefits the preservation of natural and cultural
resources.
The term “unmanned aircraft” means a device that is used or intended to be used for flight in the air without the possibility of 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 camera, sensors, communication links). This term includes
all types of devices that meet this definition (e.g., model airplanes, quadcopters, drones) that are used for any purpose, including recreation or commerce.
With the dramatic growth in the use of unmanned aircraft in the country, the superintendent has determined that a careful review of the use of these devices is necessary because of the unacceptable impact potential including possible harm to visitors, interference with rescues, causing excessive noise, impacting view sheds, and disturbing wildlife. These issues have been observed at
other National Park Service areas. NPS Management Policy, Section 1.5, provides that a new form of park use may be allowed only after a determination has been made that it will not result in unacceptable impacts on park resources and values. Similarly, Section 8.2 also states that a new form of recreation will not be allowed within a park until a superintendent has made a determination
that it will be appropriate and not cause unacceptable impacts.
(a)(2) The superintendent may designate areas for a specific use or activity or impose conditions or restrictions on a use or activity.
Mask Wearing:
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.
II.36 CFR §1.6 – ACTIVITIES THAT REQUIRE A PERMIT
.
The following is a compilation of those activities for which a permit from the superintendent is
required:
- §2.5(a) Specimen collection (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 area
50 or §2.51
- §2.50(a) Conduct a sports event, pageant, regatta, public spectator attraction, entertainment, ceremony, and similar events. These events include weddings which will only be permitted before or after park operating hours.
- §2.51(a) Public assemblies, meetings, gatherings, demonstrations, parades, and other public expressions of views
(c)(2) The following locations are designated as available for demonstrations:
Richmond-Lynchburg Stage Road at Confederate Cemetery – The area,
approximately 0.3 acres, is located on the Richmond-Lynchburg Stage Road,
directly north of the split rail fence that separates the road from the
Confederate Cemetery and parking lot. The area is accessed by the paved
walkway to the opening of the fence located at the eastern end of the
demonstration area.
§2.52(c) Sale or distribution of printed matter that is not solely commercial advertising
§2.60(b) Livestock use
§2.61(a) Residing on federal lands
§2.62 Memorialization:
(a) Erection of monuments (Requires approval from the Director)
(b) Scattering ashes from human cremation
§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:
- Still photography of vehicles, or other articles of commerce or models for the purpose of commercial advertising.
§5.5 Commercial Filming:
The following types of filming activities may occur in areas open to the public without a permit and without advance notice to the NPS:
- Outdoor filming activities involving five persons or less and equipment that will be carried at all times, except for small tripods used to hold cameras.
The organizer of any other type of filming activity 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 use of facilities; or
- Avoid conflict among visitor use of 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 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:
(1) Engaging in a filming activity without providing advance notice to the Superintendent when required.
(2) Engaging in a filming activity without a permit if the Superintendent has notified the organizer in writing that a permit is required.
(3) Violating a term and condition of a permit issues under this action.
(4) Filming at any time outside of designated visiting times for the areas you wish to film. See 36 CFR §1.5 – VISITING HOURS, PUBLIC USE LIMITS, CLOSURES, AND AREA DESIGNATIONS FOR SPECIFIC USE OR ACTIVITIES on Pages 1-2.
Violating a term or condition or a permit issues under to this action may also result in the suspension and revocation of the permit by the Superintendent.
The National Park Service and APCO have a long history of filming within parks, and there have been documented instances when those activities have damaged park resources, values, or the visitor experience. The Superintendent is required to protect park resources, values, and all of our visitor experiences.
III. GENERAL REGULATIONS
36 CFR §2.1 – PRESERVATION OF NATURAL, CULTURAL AND ARCHEOLOGICAL RESOURCES
(c)(1), (c)(2) Fruits, nuts, and berries gathered by hand for personal use or consumption, is authorized by permit only.
The berries, other fruits, mushrooms, and roots set forth in this section are sufficiently prolific so as to sustain gathering in limited quantities for personal use.
36 CFR §2.2 - WILDLIFE PROTECTION
(e) The viewing of wildlife with the use of an artificial light (spotlighting) is prohibited parkwide.
Spotlighting is prohibited within established park boundaries to provide for visitor safety and protection of wildlife.
36 CFR §2.10 – CAMPING and FOOD STORAGE
(a) Camping is prohibited throughout the park.
With the exception of permitted reenactment events, camping is prohibited in the park. No camping facilities exist because this use is not consistent with the nature and purpose of the park to protect historic buildings and landscapes.
36 CFR §2.11 – PICNICKING
The park is closed to picnicking except in the designated areas:
- The picnic area adjacent to the lower main parking lot.
The nature and purpose of the park is to protect historic buildings and landscapes. Limiting picnicking to the designated area will control litter and protect the historic landscape.
36 CFR §2.15 – PETS
(a)(5) Pet excrement must be disposed of in accordance with the following conditions:
- Pet excrement shall be removed and disposed of in proper containers from the main village area, parking lot and other areas of heavy public use including pull-offs and trails.
Pet excrement poses a public health hazard in high use areas such as parking lots, visitor centers, and developed areas.
(a)(c) Pets are on a leash or under physical control.
Pets running at large are a safety concern for park visitorsents under the following conditions:
(e) Pets may be kept by park residents under the following conditions:
- Pets are on leash or under physical control. Pets are permitted in employee housing with approval of the superintendent for permanent employee transfers only.
- Pet excrement is removed in accordance with above conditions.
This approval does not include service animals. A service animal is a dog that is individually trained to do work or perform tasks for a person with a disability.
36 CFR §2.16 – HORSES and PACK ANIMALS
(a) Horseback riding is prohibited in the park.
With the exception of permitted reenactment events, horseback riding is prohibited in the park. The use of horses and pack animals is not consistent with the nature and purpose of the park and conflicts with visitor use.
36 CFR §2.19 – WINTER ACTIVITIES
(a) Cross country skiing and snowshoeing are allowed on established park trails only, but not across any archaeological or cultural resources or within areas closed to public use and travel. Sledding, tobogganing, tubing, etc. are prohibited parkwide.
The nature and purpose of the park to commemorate the surrender and preserve and protect park resources and landscape features is not consistent with these activities that could result in damage to resources.
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 and the use of all electronic cigarettes and other electronic nicotine delivery systems (ENDS) as noted:
- All government buildings and structures.
Smoking within any public building or structure poses a health and fire risk. Acting (1) out of an abundance of caution in light of the scientific findings and uncertainty to date, and (2) in the interest of equity, the purpose of this regulation is to afford all NPS employees and park visitors the same protections from exposure to nicotine and other harmful substances that may be found in electronic cigarettes and other electronic nicotine delivery systems (ENDS) vapor that are currently in place for exposure to tobacco smoke.
1. Effective immediately, use of ENDS will be treated as tobacco smoking. All provisions of Director’s Order #50D—including in particular sections 4.1.1 and 4.1.2—will apply to ENDS use. ENDS use will not be permitted within any Government-owned or -leased vehicle, including heavy equipment, watercraft, or aircraft.
2. In accordance with sections 4.1.1 and 4.1.2 of Director’s Order #50D, ENDS will be prohibited in shared Government quarters, but generally permissible in non-shared residential accommodation. See Director’s Order #50D for further details.
3. With regard to concessions facilities, ENDS use will be treated just the same as smoking for purposes of section 10.2.4.13 of Management Policies (2006), which provides in pertinent part as follows:
Generally, all NPS concessions facilities will be smoke free. The only exceptions—which the Service does not encourage—will be specifically designated smoking areas and rooms if allowed by State and local law.
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:
- All park areas, with the exception of park housing areas and non-public events.
The possession and consumption of alcoholic beverages is inappropriate considering the other uses of the area and the purpose for which it was established.
36 CFR §2.62 – MEMORIALIZATION
(b) A permit is required for the scattering of ashes from cremated human remains, in accordance with the following terms and conditions:
- The remains to be scattered must have been cremated and pulverized.
- The scattering of remains by persons on the ground is to be performed at least 100 yards from any trail, road, developed facility, or body of water.
- The scattering of remains from the air is to be performed at a minimum altitude of 2000 feet above the ground.
- No scattering of remains from the air is to be performed over developed areas, facilities, or bodies of water.
This nature and purpose of the park to preserve and protect park resources and landscape features is not consistent with this activity that could impact visitor experience.
36 CFR §4.30 – BICYCLES
(c) Bicycles must stay on established public roads and parking areas. Bicycles are prohibited within the main historic village area.
- Use of bicycles within and adjacent to employee housing is permitted.
E-Bikes
- The term “e-bike” means a two- or three-wheeled cycle with fully operational pedals and an electric motor of less than 750 watts (1 h.p.).
- E-bikes are allowed at Appomattox Court House National Historical Park where traditional bicycles are allowed. E-bikes are prohibited where traditional bikes are prohibited. Except where use of motor vehicles by the public is allowed, using the electric motor to move an ebike without pedaling is prohibited.
- A person operating an e-bike is subject to the follow sections of 26 CFR part 4 that apply to the use of traditional bicycles: sections 4.12, 4.13, 4.21, 4.22, 4.23, and 4.30(h) (2)-(5).
- Except as specified in this Compendium, the use of an e-bike with Appomattox Court House National Historical Park 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.
The nature and purpose of the park to commemorate the surrender and preserve and protect park resources and landscape features is not consistent with this activity in the main historic village.
