36 CFR §1.5 – Visiting Hours, Public Use Limits, and Closures
Those buildings whose visitation is controlled by the National Park Service and which have not been designated as closed to the public are open for visitation. Hours are adjusted seasonally for some facilities. Due to staffing shortages, special activities, severe weather, mechanical failure, or maintenance purposes, buildings may be closed to the public.All NPS buildings and grounds are closed on Thanksgiving Day, Christmas Day, and New Year’s Day.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:SCHEDULE OF VISITING HOURS - These limitations to visiting hours provide for public safety, protect resources and promote efficient operation of the park.All park areas, not otherwise closed to public use, will be open to public use according to the following schedule of visiting hours. These hours may be superseded by the superintendent or designee for park sponsored or permitted events:
NOTES:
Justification: Public safety and national security concerns for the protection and welfare of the visiting public and preservation of the resource.
Justification: Flash is detrimental to the historic fabric.
Justification: Telescoping “selfie sticks” have potential for damaging collections.
All areas of the park, not otherwise closed to public use, will be open to public use with the following limits:
PARK AREA CLOSURES - These closures provide for public safety, protect resources and promote efficient operation of the park.The following areas of the park shall be closed to all public use:
Access to any of the above areas is permitted only with the permission of the Superintendent or designee.Justification: these areas are closed to the public for safety and security reasons.COVID-19 Mandatory mask-wearing requirementsWhen 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: To halt the spread of coronavirus disease 2019 (COVID–19) by relying on the best available. data and science-based public health measuresDESIGNATED AREAS FOR SPECIAL USE OR ACTIVITYSpecial uses and activities are managed through the Special Use Permit process. When applying for a permit, the applicant must specify what area of the park they would like to use for the intended special use. Each application will be handled individually. In the instance that two separate applicants are requesting use of the same area on the same day, they will be handled on a “first come, first served” basis.Justification: The permit process allows NPS to protect park resources and guarantees groups a priority for a space when multiple groups or individual demonstrators want to use a designated first amendment area in a park.Boating
Justification: To provide for the safety of visitors and park resources.Climbing Trees
Justification: Climbing stresses and damages park trees which are an essential part of the cultural landscape.Engine Idling
Justification: The noise and fumes caused by these engines severely impacts the natural experiences sought by many visitors.FilmingThe following types of filming activities may occur in areas open to the public without a permit and without advance notice to the NPS:
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:
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:
Justification: Per 36 CFR 1.5(a)(2) NPS has a legal obligation to protect the resources within the National Park System and to provide for visitor enjoyment of the same. A memorandum from the Deputy Director, Operations Exercising the Delegated Authority of the Director, National Park Service dated February 22, 2021 titled Managing Filming Activities After Price v. Barr, outlines the guidance listed above. Geocaching
Justification: Allows for the management of potential adverse environmental impacts.Off-road Recreational Vehicles
Justification: Activity detracts from the historic setting of the park and poses a significant risk to visitor safety and park resources which cannot be sustained without causing unacceptable impacts.
Justification: To provide for the safety and security of visitors, staff and park resources.Parking Limits
Justification: These parking areas quickly exceed capacity during heavy visitation periods.Recreational Activities, OtherRecreational activities are prohibited in the following areas: front lawn and south lawn. Recreational activities include, but are not limited to: playing catch, throwing Frisbees, kite flying, and sunbathing. Also see section 36 CFR §2.11 – PICNICKING
Justification: Recreational activities in close proximity to buildings detract from the historic setting of the park and pose a risk to visitor safety and damage to natural resources.Remote-Controlled Devices
Definition: 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) that are used for any purpose, including for recreation or commerce.Justification: Activity detracts from the historic setting of the park and poses a risk to visitor safety.Segways
Justification: Segways are not appropriate for use by non-handicapped vehicles in an historic setting mixed with pedestrians. The NPS ensures that those with disabilities have the highest level of accessibility that is reasonable to our programs, facilities, and services in conformance with applicable regulations and standards.
Justification: The safe operation of Segways and similar devices is dependent on their integration into the normal flow of pedestrian traffic.CCTV Policy StatementIn accordance with National Park Service Law Enforcement Reference Manual 9 (RM-9), notice is hereby given that Martin Van Buren National Historic Site uses Closed Circuit Television (CCTV) security camera monitoring.The park’s use of Closed Circuit Television (CCTV) for law enforcement and security purposes will only be to visually monitor public park areas and public activities where no constitutionallyprotected reasonable expectation of privacy exists. Such CCTV use – which will have adequate privacy and First Amendment safeguards – will be to help ensure public safety and security;facilitate the detection, investigation, prevention, and deterrence of terrorist attack and crime; help ensure the safety of citizens and officers; help assist in the proper allocation and deployment of law enforcement and public safety resources; and help facilitate the protection of the innocent and the apprehension and prosecution of criminals. (RM-9, 26.1)This policy does not restrict the official use of CCTV in government administrative areas, including administrative buildings, jail holding facilities (RM-9, 26.3.7), revenue collection sites, etc., where the government may record/monitor its facilities. For example, the government may perform unrestricted video/audio recording at revenue collection points (entrance stations, visitor center counters, etc.). This policy does not restrict the use of an Audio/Visual Recording Device (AVRD) in patrol vehicles or officer-worn recording devices used by commissioned rangers.(RM-9, 26.1).Operation of CCTV cameras, maintenance of recorded images and use of recorded images will be in accordance with NPS and Department policy and applicable laws and regulations. (RM-9, 26.1-26.4) No person will be targeted or monitored merely because of race, religion, gender, sex, disability, national origin, or political affiliation or views. (RM-9, 26.4.2)Nothing in this policy statement is intended to create any rights, privileges, or benefits not otherwise recognized by law. 36 CFR §1.6 PERMITS
o Still photography using models, sets, or props, 36 CFR §5.5(b)
Generally, commercial photography and filming permits are not required for:
Applications for permits may be found on the park’s website at: http://www.nps.gov/mava/planyourvisit/permitsandreservations.htm General Regulations 36 CFR §2.1 – PRESERVATION OF NATURAL, CULTURAL AND ARCHEOLOGICAL RESOURCES
Justification: Standing dead, down, and live wood provides habitat for cavity-nesting species and insects.
Justification: Collection could inadvertently result in collection of crops from neighboring farms. 36 CFR §2.2 – WILDLIFE PROTECTION
Justification: Park lands are open and managed for recreation and wildlife. Hunting and trapping pose a risk to public safety and are counter to park wildlife management goals.
Justification: The requirement to notify a Law Enforcement Ranger or Resource Management Specialist protects public safety and avoids unwarranted public accusation that an illegal hunt may have occurred in the park.
Justification: Wildlife viewing with an artificial light may disrupt natural wildlife activities and condition wildlife to human presence. This regulation also provides increased protection of wildlife from poaching activity. 36 CFR §2.3 – FISHING
Justification: Introduction of non-native species is detrimental to the ecosystem.
Justification: This wording reflects implementation of 512, P.L. 111-24, Credit Card Accountability Responsibility and Disclosure Act of 2009, 123 Stat. 1764-65 § 512 effective February 22, 2010 36 CFR §2.10 – CAMPING
Justification: Camping activities detract from the historic setting of the park. 36 CFR §2.11 – PICNICKING
Justification: Picnicking in close proximity to buildings detracts from the historic setting of the park.
Justification: Large groups require more oversight to avoid adverse impacts to park resources and operations. 36 CFR §2.13 – FIRES
Justification: The use of fire is regulated to protect structures, natural resources, and the public. 36 CFR §2.14 – SANTITATION AND REFUSE
36 CFR §2.15 – PETS
Justification: Proper disposal of pet waste eliminates a water quality, health and aesthetic problem. 36 CFR §2.16 - HORSE AND PACK ANIMALS
Justification: Restriction is intended to protect natural resources and reduce possible visitor use conflicts. 36 CFR §2.18 – SNOWMOBILES
Justification: Activity detracts from the historic setting of the park and poses a significant risk to visitor safety. 36 CFR §2.19 - WINTER ACTIVITIES
Justification: Restriction is intended to protect the health and safety of visitors. 36 CFR §2.20 – SKATING, SKATEBOARDS, AND SIMILAR DEVICES
Justification: Restrictions are intended to protect the health and safety of visitors. 36 CFR §2.21 - SMOKING
Justification: It is NPS policy that public use and administrative facilities be smoke-free. The restrictions are intended to protect park resources, reduce the risk of fire, and prevent conflicts among visitor use activities. 36 CFR §2.22 – PROPERTY
36 CFR §2.35 – ALCOHOLIC BEVERAGES
Justification: Areas where the public engages in business with the government or is participating in educational opportunities are not appropriate for alcohol consumption. 36 CFR §2.51 – PUBLIC ASSEMBLIESPublic assemblies for groups greater than 25 people are prohibited without a permit. Designated areas for all public assemblies are:
Written applications for permits must be received by the Superintendent ten days prior to the date desired for the event. The activity must not conflict with any scheduled NPS function or program. Visitors will not be subjected to undue noise or physical contact. Visitors shall not be impeded in their progress to any portions of the park including public buildings, visitor centers, parking areas, etc.Justification: The permit process allows NPS to protect park resources and guarantees groups a priority for a space when multiple groups or individual demonstrators want to use a designated first amendment area in a park. 36 CFR §2.52 – SALE OR DISTRIBUTION OF PRINTED MATTER
Justification: The permit process allows NPS to protect park resources and guarantees groups a priority for a space when multiple groups or individual demonstrators want to use a designated public assembly area in a park. 36 CFR §2.62 – MEMORIALIZATION
No designated area exists, and no permits will be issued for memorialization purposes.Justification: Activity detracts from the historic setting of the park 36 CFR §3.16 – SWIMMING
Justification: Restriction is intended to protect the health and safety of visitors. 36 CFR §4.10 – TRAVEL ON PARK ROADS AND DESIGNATED ROUTES
Justification: To ensure the safety of park visitors and to protect cultural landscapes 36 CFR §4.21 – SPEED LIMITS
Justification: Park speed limits have been determined to be reasonable, safe and consistent with the purposes for which the park area was established. 36 CFR §4.30 – BICYCLES
Justification: To avoid adverse environmental impact and honoring the historical significance of the sites. MAPS |
Last updated: March 8, 2022