Superintendent's Compendium

 

Code of Federal Regulations
Title 36, Chapter 1

Compendium of Designations, Closures, Request Requirements and Other Restrictions imposed under the discretionary authority of the Superintendent of Cape Cod National Seashore.

In accordance with regulations and the delegation authority provided in Title 36, Code of Federal Regulations, Chapter 1, Parts 1 through 7, authorized by Title 54, United States Code, the following regulatory provisions are established for the property management, protection, government and public use of the portions of Cape Cod National Seashore under the jurisdiction of the National Park Service.

Unless otherwise stated, these regulatory provisions apply in addition to the requirements contained in 36 CFR, Chapter 1.

 

Introduction


The purpose of this compendium is to produce a concise written document which provides all the special designations, closures, public use limits, permit requirements imposed under the discretionary authority of the Superintendent. The preparation of a compendium is required under Section §1.7, Title 36, Code of Federal Regulations (CFR) and shall be made available to the public upon request. The compendium also lists special regulations found under 36 CFR §7.67 for Cape Cod National Seashore. The compendium will be reviewed and updated annually to ensure adequate protection of the park’s resources, provide for public safety and enjoyment, and to meet changes in recreational use patterns.

It is important to utilize this document in conjunction with Title 36, CFR, since the compendium only addresses restrictions imposed under the discretionary authority of the Superintendent, or regulations which authorize special designations, closures, or other use limits. The use of this compendium, in conjunction with park brochure, maps, signs and other media will provide a clear understanding of park rules and regulations for both the National Park Service employees and park visitors. Your comments and suggestions are welcome.

Send Comments To:

Superintendent
Cape Cod National Seashore
99 Marconi Site Road
Wellfleet, MA 02667
 

Visiting Hours, Public Use Permits, Closures and Area Designations (36 CFR 1.5)

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 Cape Cod National Seashore. 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 throughout this document.

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:

Parking Areas:

The following areas are closed to use/entry during the dates and hours indicated:

Fort Hill (Upper Lot) 12 AM – 6 AM
Fort Hill (Lower Lot) 9 PM – 7 AM
Salt Pond Visitor Center 12 AM – 6 AM
Doane Rock (2 hour limit) 12 AM – 6 AM
Little Creek Parking 12 AM – 6 AM
Coast Guard Beach 12 AM – 6 AM
Nauset Light Beach 12 AM – 6 AM
Three Sisters 12 AM – 6 AM
Great Island 12 AM – 6 AM
Marconi Beach 12 AM – 6 AM
Marconi Site 12 AM – 6 AM
Highlands Center 12 AM – 6 AM
Highlands Light Parking Area 12 AM – 6 AM
Head of the Meadow 12 AM – 6 AM
Pilgrim Heights 12 AM – 6 AM
High Head 12 AM – 6 AM
Race Point 12 AM – 6 AM
Province Lands Visitor Center 12 AM – 6 AM
Cranberry Lot 12 AM – 6 AM
Herring Cove 12 AM – 6 AM
Beech Forest 12 AM – 6 AM
Cranberry Bog (2 hour limit) 12 AM – 6 AM
Headquarters (North Lot) 12 AM – 6 AM
Headquarters (South Lot) 12 AM – 6 AM
Maintenance (North) 12 AM – 6 AM
Maintenance (South) 12 AM – 6 AM
Ponds Parking areas 12 AM – 6 AM
Hatches Harbor Dike Parking 12 AM – 6 AM



*Due to safety/hazard concerns related to trespass violations of the hazardous/restricted areas of Highland Center. Exception, Payomet sponsored events.

Fire Roads

Fire roads are open all hours for pedestrian and bicycle use unless otherwise noted for limited vehicular access:

Eastham - #510, 520 (open to Nauset Rod & Gun Club), 530, 540 (open to Boy Scouts). All Hours
Wellfleet - #608, 610, 611, 612, 613, 614, 620 (seasonal), 677, Dyer Pond Fire Gates at Cahoon Hollow Road at Forest Road and Forest Road at Way 625 (3rd Thursday of June – October 1st). All Hours
Truro- #701 (open to dune tours), 710,711,713,714,715,719,722,723,724,725,726,727, 731, 733, 735, 736, 737,738,743, 752,753, 754, 755,759,760,771,782,783, 785,787,790. All Hours
Provincetown - #801 and 802 (open to dune tours), 804, 813, 820, 821, 822, 824,829,830,831, 832, 833,834,835. All Hours

Ponds

Parking in the ponds area will be limited to designated areas. The maximum capacity of designated parking areas at each pond is:

  • Dyer Pond: Vehicles Prohibited (Summer Months), 3 Vehicles all other months
  • Spectacle Pond: 6 Vehicles
  • Horseleech Pond: 3 Vehicles
  • Slough Pond: 10 Vehicles
  • Herring Pond: 3 Vehicles
  • Ryder Pond: 3 Vehicles
  • Sluiceway Triangle: 2 Vehicles
  • Round Pond (Truro): Vehicles Prohibited
Vehicle restrictions exist at parking lots, fire roads, and pond areas to limit environmental damage to sensitive dune, woodland and pond environments, along with public safety, protection of nearby public use facilities, and protection of private property.

Public Use Limits:
  • Hiking and pedestrian use, in primary/foredune and beach cliff areas, is restricted to designated paths and walkways from Nauset Inlet to Long Point and from Ryder Beach south to Jeremy Point. (SEE 2.1b).

Hiking and pedestrian use, in primary/foredune and beach cliff areas, is restricted to limit environmental damage to sensitive dune vegetation and stability, which if damaged would contribute to severe erosion. These areas are also restricted to maintain public safety, as dune heights may reach up to 150’.

The following ponds, lakes and streams are closed to gasoline powered, motorized boats/vessels:

  • Slough Pond
  • Grassy Pond
  • Round Pond (East)
  • Great Pond
  • Round Pond (West)
  • Bennett Pond
  • Horseleech Pond
  • Pasture Pond
  • Ryder Pond
  • Clapps Pond
  • Snow Pond
  • Clapps Round Pond
  • East Harbor (Pilgrim Lake)
  • Duck Pond
  • Spectacle Pond
  • Dyer Pond
  • Kinnacum Pond
  • Long Pond
  • Great Pond (Wellfleet)
  • Turtle Pond
  • Northeast Pond
  • Southeast Pond
  • Gull Pond
  • Higgins Pond
  • Williams Pond
  • Herring Pond

Ponds on Cape Cod and particularly kettle ponds within Cape Cod National Seashore are unique and sensitive resources with significant ecological, aesthetic and recreational value. Pond systems are directly connected to the groundwater aquifer and are one of the most fragile environments administered by the National Park Service and the Commonwealth of Massachusetts. Petrochemical releases into these systems would severely degrade the quality of the water system.

The following activities are prohibited at all freshwater ponds:

  • Possession of glass containers
  • Fires

The possession of glass containers and building of fires are concerns which threaten the safety and well being of individuals walking barefoot in these areas.

Closures and Public Use Limits:

Due to design limitations, the following parking areas cannot accommodate vehicles over 20 feet in length and therefore are prohibited 365 days a year:

  • Fort Hill (Upper Lot)
  • Fort Hill (Lower Lot)
  • Nauset Light Beach Parking Lot and Driveway (defined as the road surface from the intersection of Ocean View Drive and Cable Road, to the fee booth)
  • Herring Cove North Parking Lot
The above parking lots are small and with limited or no space for vehicles larger than a typical passenger vehicle to turn around. This has led to numerous property damage collisions in the above areas.

From July 4th until after Labor Day buses are prohibited from all CCNS beach parking lots.

During the busy months of the season, CCNS beach parking lots are typically filled with vehicle, pedestrian, and bicycle traffic. These areas also do not have specifically designed bus parking and/or loading areas for large vehicles. Outside of these dates, there is often sufficient space to allow buses to utilize several passenger-vehicle sized spaces.

  • The eastern face of the Nauset Light Beach parking lot is closed to pedestrian and vehicle traffic. A physical barrier will be maintained and adjusted as a buffer based on monitoring data to ensure the safety of park visitors and minimize future damage.

The active process of erosion continues to affect the Cape Cod National Seashore which undercuts and destabilizes structures.

  • During periods of ice, snow and windstorms, high visitation, special events, or natural events such as sensitive species activity, roads or trails to park features may be closed temporarily to ensure visitor safety and control, or to protect natural resources. Closures will be identified by posting, maps, media notifications, and closing of access routes through barricades and/or gates.

Park management reserves the right to implement emergency road, trail, or area closures on a temporary basis any time public safety concerns arise.

  • Shorebird and tern nesting and staging/migrating areas at Nauset Marsh and Coast Guard Beach, Eastham; Jeremy Point, Wellfleet; and Hatches Harbor Marsh, Provincetown will be closed from April 1 – October 15. Other shorebird and tern high use areas may be intermittently closed.
  • Posted shorebird and tern use (nesting and staging/migrating) areas are closed to pedestrians, vehicles, and pets. Beach areas in front of active shorebird use areas are closed to pets as signed.
  • Areas of the Oversand Permit Route that are designated as “Drive Through Only 5MPH” are closed for vehicles to stop and park. Otherwise, vehicle travel through that area is limited to 5-MPH (see Section 4.21)

Ground nesting, staging, and roosting terns and shorebirds are extremely vulnerable to disturbance and predation by pets. Pets, especially dogs, may chase, harass and kill nesting shorebirds, their eggs and chicks as well as disturb roosting and staging shorebirds if not restrained. In late summer, thousands of migrating shorebirds and terns congregate on the mudflats and beaches of Cape Cod National Seashore to feed and rest. To reduce disturbance to, and the potential for take of, nesting shorebirds, terns, and their chicks during nesting season; and to allow these and other migratory birds to accumulate the energy reserves needed for migration, it is necessary to prohibit pets from Nauset Marsh/Coast Guard Beach, Eastham; and Jeremy Point, Wellfleet; and Hatches Harbor Marsh, Provincetown, and other shorebird and tern higher use areas intermittently.

Shorebird and tern nesting areas are posted to prohibit public entry during the breeding season to prevent the loss of eggs and chicks through disturbance or destruction by persons, vehicles, and pets. Visitors, vehicles, and pets entering a breeding area could cause the parent bird to leave their nests or chicks. When the adults stop tending to the eggs or young, the offspring may be injured or killed by exposure to high temperatures, blowing sand, and predators. Additionally, eggs and chicks are camouflaged to avoid detection making them susceptible to being crushed.

  • The Firearms Range marked by signage located in the Fox Bottom area accessed via Collins Road, adjacent to the main trail is closed to public use.

This firearms range is for the use of commissioned law enforcement performing official duties, as well as other administrative duties of partner public safety and wildlife management agencies.

(a)(2) The following areas have been designated for a specific use or activity, under the conditions and/or restrictions as noted:

Bike Trails:

  • Nauset Bike Trail
  • Province Lands Bike Trail
  • Head of the Meadow Bike Trail
  • Cape Cod Rail Trail
  • Park Fire Roads

Surfing Beaches:

  • Surfing is allowed on all saltwater beaches. Surfing is prohibited at protected swimming beaches when lifeguards are on duty.

Swimming Beaches/Areas (as posted):

  • Herring Cove Beach
  • Race Point Beach
  • Head of the Meadow Beach
  • Marconi Beach
  • Nauset Light Beach
  • Coast Guard Beach (Eastham)

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

Glass Bottles/Containers

  • Prohibited on all beach and dune areas

The purpose of this regulation is to reduce the amount of injurious trash in the Park and to prevent Park visitor injuries. Glass containers break and linger on the beach/dune area.

Kite Flying

  • Use of handheld kites above or within 200 meters of any area designated by signs as a “Closed – Bird Use Area”, or on protected swimming beaches when lifeguards are on duty is prohibited.

Kites and other airborne devices disturb breeding, staging and migrating birds. Adult birds view them as birds of prey. This may cause the adult to flee the area, leaving nest and chicks exposed and unprotected from the environment and threats. Kites and airborne devices present undue hazards to visitors in crowded lifeguarded beach areas.

Kite Surfing

Kite surfing is prohibited at the following locations and during the following times:

Kite surfing is prohibited March 15 through October 15 on all open waters on ocean and bayside beaches within the Seashore other than at the following specific locations.

Eastham:

A total of approximately 1 ¾ miles of beach between the north end of the lifeguarded section of Coast Guard Beach, and a point north of the lifeguarded section of Nauset Light Beach will be open to kite surfing. The designated kite surfing boundary area will be marked on land by a post on either end. The ocean boundary around Nauset Light Beach lifeguarded section will be marked by a bright orange swim buoy.

Land and water access for takeoff and landings is allowed north of the lifeguarded area on Coast Guard Beach and at the north and south ends of Nauset Light Beach. Kite surfers must stay outside of, and may not launch from, the Nauset Light Beach lifeguarded area when lifeguards are on duty. The land boundary will be either end of the lifeguarded beach which is designated by large brown posts signed as “end of lifeguarded beach”.

Wellfleet:

The town of Wellfleet’s Duck Harbor Beach on Cape Cod Bay is open to kite surfing all year long. This specifically applies to the corridor the width of the town owned property and extends offshore through the extent of the ¼ mile jurisdiction of Cape Cod National Seashore.

The following conditions also apply:

Kite surfers must stay clear of other recreational users and at least 150 feet from seals which are protected by the Marine Mammal Protection Act of 1972.

Kites for kite surfing are subject to the general prohibition of any airborne device above or within 200 meters of any section of beach designated by signs as a “Closed – Bird Use” area. This prohibition extends offshore as well as on shore.All existing beach access parking restrictions apply.

The area is based on a determination made by the Superintendent that such use is consistent with the protection of a park area’s natural, scenic and aesthetic values, safety considerations and management objectives and will not disturb wildlife or park resources.

Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of Cape Cod National Seashore is prohibited except as approved in writing by the superintendent. 36 CFR § 1.5(a)(1); 36 CFR § 1.5(f)

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, quadrocopters, drones) that are used for any purpose, including recreation or commerce.

Determination: While park managers understand the benefits of limited use of unmanned aircraft systems (UAS) for research, for administrative use, and to provide for the public’s safety and welfare, the closures implemented are necessary to maintain public health and safety and to protect park resources and values until the NPS can determine whether specifics uses of unmanned aircraft on lands and waters administered by the NPS are appropriate and will not cause unacceptable impacts on park resources and values. Cape Cod National Seashore protects a variety of threatened and endangered birds and other species, and hosts thousands of visitors to our beaches, trails and remote areas each day. Until evaluations of these issues are analyzed, the Seashore will prohibit unmanned aircraft use except as authorized, including research and administrative use, by the superintendent.

The closure is a necessary, interim measure until the NPS considers how to address this use on a long-term basis, since use could result in unacceptable impacts to park resources, park values, and visitor safety.

Above required closures do not apply to the following established use:

Electric powered model aircraft, as defined by FAA Advisory Circular 91-57 and section 336 of the FAA Reauthorization Act of 2013, are excepted when operated for recreational or hobby purposes and within the unaided visual line of sight of the operator. The electric powered model aircraft is prohibited from containing a camera or any other recording device, and it cannot be operated within 200 meters of any area designated by signs as a “Closed –Bird Use Area”, or on swimming beaches when lifeguards are on duty.

Model aircraft may not disturb or harass wildlife, be operated in a reckless manner and must avoid flying directly over people, vessels, vehicles, or structures, and must avoid endangering the life and property of others.

Filming, still photography, and audio recording activity may require a permit, consistent with 54 U.S.C. 100905.

  • Filming, still photography, and audio recording activity that occurs in closed areas, requires exclusive use of a site or area, or involves a set or staging equipment other than handheld equipment (such as a tripod, monopod, and handheld lighting equipment) requires a permit, unless the activity is affiliated with an activity or event that has been allowed under a written authorization, such as a special use permit.
  • Filming, still photography, and audio recording that involves more than eight individuals requires a permit, unless the NPS has specifically notified an individual or group that a permit is not required, or if the activity is affiliated with an activity or event that has been allowed under a written authorization, such as a special use permit.
  • If a permit is required for the reasons stated above, or if the NPS otherwise determines and then notifies an individual or group that a permit is required for a filming, still photography, or audio recording activity, then engaging in that activity without a permit is prohibited. Violating a term or condition of a permit issued by the NPS for a filming, still photography, or audio recording activity is prohibited, and may result in the suspension or revocation of the permit, in addition to any penalties that may apply under 36 CFR 1.3.

Federal law at 54 U.S.C. 100905 states that permits and fees are not required for filming, still photography, or audio recording in park areas if certain requirements are met. These requirements address various topics, including, but not limited to, group size, location, equipment, potential impacts to resources and visitors, and the likelihood that the NPS will incur related administrative costs. If any of these requirements are not met, the law allows the Secretary of the Interior, acting through the NPS, to require a permit for the subject activity. Permit requirements are imposed by the superintendent under discretionary authority provided by 36 CFR 1.5(a)(2), which allows the superintendent to impose conditions or restrictions on a use or activity, consistent with applicable legislation, to implement management responsibilities. The general regulations for permits in 36 CFR 1.6 do not apply to permits issued for filming, still photography, and audio recording, which instead are governed by the statutory provisions in 54 U.S.C. 100905. The imposition of permit requirements, on a case-by-case basis, for filming, still photography, or audio recording does not require rulemaking under 36 CFR 1.5(b). Requiring a permit with reasonable terms and conditions in accordance with statutory requirements at 54 U.S.C. 100905 is not highly controversial, will not result in a significant alteration in the public use pattern of the System unit, will not adversely affect the System unit’s natural, aesthetic, scenic or cultural values, or require a long-term or significant modification in the resource management objectives of the System unit, because the permit requirement is limited in time and scope to the specific activities authorized by the permit, which contain terms and conditions that protect the values, resources, and visitors of the System unit, and implements federal law.

Off-Road Vehicles

When a near closure (less than ½ mile), or total closure of the Seashore’s Off-Road Vehicle (ORV) corridor exists, the Superintendent will be able to relax time and date restrictions entered in Part 7 - Special Regulations, in accordance with the 2007 ORV EA. This will enable management to consider:

  • Open ORV corridor north of High Head access prior to July 21. In addition, open the ORV corridor between High Head access and Head of the Meadow access, prior to July 1.
  • Temporary daytime access to the ORV corridor south of Coast Guard Beach in Truro until June 30th.

Determination: The purpose of the 2007 ORV Environmental Assessment was to afford the Superintendent flexibility to open areas of the beach to ORV traffic where piping plover and least tern nesting activity would not be impacted by such use.

CCTV Policy Statement

In accordance with National Park Service Law Enforcement Reference Manual 9 (RM-9), notice is hereby given that Cape Cod National Seashore 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 constitutionally protected 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.

 

Activities That Require a Permit (36 CFR 1.6)


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

§1.5(d) Relating to Public Use Limits:
  • To implement a public use limit, the superintendent may establish a permit, registration, or reservation system. Permits shall be issued in accordance with the criteria and procedures of 36 CFR §1.6.
    • Overnight fishing permits (parking)
    • Fire permits
§1.6(a) Scientific Research
§2.5(a) Specimen Collection
§2.12 Audio Disturbances:
  • (a)(2) Operating a chain saw in 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
  • (c)(1) Removal of downed aircraft
§2.23(b) Entrance
§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
§2.50 Special Events (i.e.: large gatherings, walkathons, bicycle events, parades, ceremonies and similar events)
§2.51 Public Assembly and Meetings
§2.52 Sale or Distribution of Printer Matter
§2.60(b) Livestock use and agriculture
§2.61 Residing on Federal Lands
§2.62 Memorialization
§4.11(a) Exceeding of established vehicle load, weight and size limits
§5.1 Advertisements – (Display, posting or distribution)
§5.3 Business Operations (Incidental Business Permit)
§5.5 Commercial filming, still photography, and audio recording.
§5.6(c) Use of commercial vehicles on park area roads (The superintendent shall issue a permit to access private lands within or adjacent to the park when access is otherwise not available)
§5.7 Const. of buildings, facilities, trails, roads, boat docks, path, structure, etc.
§7.67(a)(4) Off Road Vehicle (36 CFR §7.6 (Spec. Regs)
§7.67(f) Spring turkey hunt (See 36 CFR §7.67 Special Regulations)
Policy 14-05 Interim Policy – Unmanned Aircraft Use
§ Some filming, still photography, and audio recording (depends upon the facts and circumstances; contact the park at caco_permits@nps.gov for more information). 36 CFR 1.5(a)(2) and 54 U.S.C. 100905.

All recreation, film, photo or business permits are coordinated out of the Chief Ranger’s office. All Research and Collection permits are coordinated out of the Natural Resource Management and Science Chief’s office. All permits related to “Seashore Partners” and the Highland Center are coordinated out of the Superintendent’s office. Fire permits are issued at the Visitor Centers, Oversand Office or Ranger Stations. Nighttime parking permits (fishing access) are issued at the Visitor Centers or the Ranger Stations. Off-Road vehicle permits are issued out of the Oversand Office near Race Point Beach.
 

Resource Protection, Public Use, and Recreation (36 CFR, Part 2)

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

(a)(4) Driftwood, flotsam, and jetsam may be collected for use as fuel for campfires within the park on beaches below the spring (season) high tide drift line.

The collection of driftwood, flotsam and jetsam is determined not to be detrimental to the protection of the beach environment. Driftwood, flotsam and jetsam are considered hazards to navigation and may be collected from beaches below the spring (season) high tide drift line. All archeological resources, cultural resources, and lobster traps are protected by law, and may not be removed except by the authority of the Superintendent.

(b) Hiking or pedestrian traffic is restricted to the trail or walkway as listed in Section §1.5 of this document.

Hiking and pedestrian use in the following dune or swamp areas is restricted to designated paths and walkways. Beach areas are open to foot travel except as restricted by the posting of signs or fencing.

  • Coast Guard Beach
  • Head of the Meadow Beach
  • Nauset Light Beach
  • Race Point Beach
  • Marconi Beach
  • Marconi Site
  • Atlantic White Cedar Swamp
  • Herring Cove Beach
  • Red Maple Swamp
  • Small’s Swamp
  • Pamet Area Trails
  • Trails in posted erosion control and plant restoration areas


Visitor use areas which exist within dune or swamp areas require the limitation of foot travel to designated walkways in order to protect fragile dune and swamp flora and fauna from damaging foot traffic.

(c)(1), (c)(2) 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 use or consumption restrictions:

The following fruits and berries may be gathered by hand for personal use or consumption in amounts not to exceed one gallon, per person, per day. Collection is permitted in all park areas except those designated as closed in Section 1.5.

1. All designated fruits and berries; limit one (1) gallon per person per day

  • Bayberry (Myrica pensylvania)
  • Beachplum (Prunus maritima)
  • Blackberry (Rubus spp.)
  • Blueberry (Vaccinium spp.)
  • Cranberry (Vaccinium macrocarpon)
  • Dewberry (Rubus spp.)
  • Grapes (Vitus spp.)
  • Huckleberry Gaylussacia spp.)
  • Juneberry (Amelanchier spp.)
  • Raspberry (Rubus occidentalis)
  • Salt Spray Rose Hips (Rosa rugosa)
  • Teaberry (Gaultheria procombens)
  • Bayberry (Myrica carolinensis)


2. All edible mushrooms; Limit five (5) gallons per person per day. Collection is permitted in all park areas except those designated as closed in Section §1.5. Digging or other soil disturbance during the course of collecting mushrooms is prohibited.

3. All unoccupied seashells; Limit one (1) gallon container per person per day

Based on information from individuals knowledgeable in the field of park resources, and the habitat of Cape Cod National Seashore, the Superintendent has determined that the gathering, use, or consumption of the previously stated natural products at the indicated quantity will not adversely affect park wildlife, the reproduction potential of a plant species, or otherwise adversely affect park resources.

36 CFR §2.2 – WILDLIFE PROTECTION

(b) Hunting

Hunting is authorized in Cape Cod National Seashore under Section §7.67(f) on federally owned land. Hunting is permitted regardless of landownership (36 CFR 2.2(b)(2) in accordance with applicable state and federal hunting laws and regulations, except as further specified in this section or other federal laws or regulations.

Hunting is prohibited from March 1st through August 31st, except for the spring Eastern Wild Turkey hunt. Dates for the spring turkey hunt will follow the Massachusetts spring Eastern Wild Turkey season, unless the Superintendent determines an earlier closing date. The spring turkey hunt is currently authorized in Cape Cod National Seashore the first three weeks of the Massachusetts spring turkey hunting season.

Hunting hours will begin no earlier than ½ hour before sunrise and end no later than ½ hour after sunset, unless further restricted by federal or state regulations for specific open seasons. All hunting is prohibited from ½ hour after sunset to ½ hour before sunrise.

Hunting, or possession of a loaded weapon while hunting, is prohibited within 500 feet of established bicycle or designated trails, regardless of land ownership. These restrictions do not apply to individuals in possession of concealed, loaded weapon while not hunting pursuant to applicable federal and state law. Discharge of a weapon across any established bicycle or designated trail is prohibited. These restrictions apply to the following bicycle and designated trails:

  • Nauset Bike Trail
  • Province Lands Bike Trail
  • Head of the Meadow Bike Trail
  • Cape Cod Rail Trail
  • Fort Hill Walking trail
  • Red Maple Swamp Walking trail
  • Nauset Marsh Walking trail
  • Doane Walking trail
  • Atlantic White Cedar Swamp Walking trail
  • Great Island Walking trail
  • Pamet area including Bog house trails
  • Small’s Swamp Walking trail
  • Pilgrim Spring Walking trail
  • Beech Forest Walking trail
  • Button Bush Walking trail

Hunting is prohibited within 500 feet of any building, regardless of occupancy, except as authorized by the owner or occupant thereof.

Setting up or utilizing a hunting stand in areas closed to hunting is prohibited.

Hunting is prohibited, regardless of land ownership, in certain areas within the boundaries of Cape Cod National Seashore pursuant to 36 CFR §1.5, 36 CFR 2.2(b)(2) and 36 CFR 7.67(f).

These areas include the following:

  • Fort Hill Area (Eastham)
  • Marconi Station/Cedar Swamp Area (Wellfleet)
  • Cedar Banks Area (Eastham)
  • Former Ball Trust Land (Truro)
  • Pilgrim Heights Area (Truro)
  • Beech Forest Area (Provincetown)

The specific areas in which hunting is allowed are designated on the Seashore’s Hunting Brochure and individual area maps, which are available for review at Park Headquarters, the visitor centers, and ranger stations.

Upland game, as used in 36 CFR §7.67, includes the following species:

  • Crow, Ruffed Grouse, Quail, English Sparrow, Starling, Pheasant, Eastern Wild Turkey.
  • Cottontail Rabbit, Snowshoe Hare, Opossum, Raccoon, Fox, Coyote, Gray Squirrel, Red Squirrel, Chipmunk, Weasel, Skunk, Woodchuck

The disposal/dumping of an animal carcass is prohibited.

Hunting is a permitted activity as written in PL 86-127 the enabling legislation of Cape Cod National Seashore and the 2007 Hunting Environment Impact Statement. Hunting regulations are established to protect private property, park structures, and public use areas where high concentrations of public activity could result in safety and user conflicts.

(e) The following areas are closed to the viewing of wildlife with the use of an artificial light:

  • The use of artificial lights at night to view wildlife is prohibited in Cape Cod National Seashore.

This is to protect wildlife from disturbances and to prevent illegal hunting activities within the boundaries of the park.

36 CFR §2.3 – FISHING(d)(8) Fishing is allowed in or from the following otherwise prohibited areas:

Swimming Beaches:

  • Fishing is authorized from designated swimming beaches throughout the year except from 8:00 AM – 6:00 PM from June 15 – Labor Day.
  • Fishing from designated swimming beaches from 6:00 PM – 8:00 AM is allowed due to an absence of safety and visitor conflict concerns.

This is to prevent illegal fishing activities within the boundaries of the park.

36 CFR §2.4 – WEAPONS, TRAPS, AND NETS

(a)(2)(i) Weapons, traps, or nets may only be carried, possessed or used at the following designated times and locations:

  • Visitors may possess firearms within a national park unit provided they comply with federal, state, and local laws. The role of the responsible gun owner is to obey the federal, state, and local laws appropriate to the park they are visiting.
  • Federal law prohibits firearms in certain park facilities and buildings. These places are marked with signs at public entrances.
  • Possession of traps and nets pursuant to hunting activities is prohibited.
  • Possession of fish traps, and nets is permitted in saltwater only in accordance with requirements enumerated in 36 CFR 7.67 and assimilated State regulations, when engaged in fishing activities in the Seashore.

36 CFR §2.10 – CAMPING AND FOOD STORAGE

(a) The sites and areas listed below have been designated for camping activities as noted. A permit system has been established for certain campgrounds or camping activities, and conditions for camping and camping activities are in effect as noted:

  • Camping in self-contained vehicles is permitted in the designated Race Point North and Race Point South Self-Contained Areas in accordance with requirements enumerated in 7.67(a)(5).

Designated camping areas along the oversand route are established with time, place, vehicle, and number conditions which protect environment and limit public use conflicts.

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:

Designated Areas:

Small fires are allowed by permit on designated salt-water beaches (except for protected or posted beach areas). The Superintendent may restrict the number of permits issued according to the visitor use and resource conditions in the area.

Designated beaches are:

  • Coast Guard - 4
  • Nauset Light - 4
  • Marconi - 4
  • Head of the Meadow - 3
  • Herring Cove - 3 North, 2 South
  • Race Point - 4
  • Race Point North oversand corridor - 3
  • Race Point South oversand corridor - 3
  • Coast Guard oversand corridor - 3

Fires are allowed in the two oversand route self-contained vehicle areas without a permit.

Established Conditions for Fires:

  • Fire location and date are only valid as written on the fire permit.
  • From June – September beach fires must be located between 100 and 500 feet beyond the lifeguard protected beach (diagram on fire permit illustrates this designated area). The protected beach area is designated by “End of Lifeguard Protected Beach” signs.
  • Fuel for beach fires must consist of clean natural wood free from any chemical treatment or coating (including pressure treated woods, painted wood, etc). Wood must be free from any nails, screws or other foreign objects.
  • Fires are not allowed in areas of vegetation or at the base of the dune.
  • Fires must be small, with flames not more than three feet high and cannot be in any kind of portable fire pit or similar container.
  • Fires must be completely extinguished with water by the time indicated on the permit. Fires must not be buried.
  • Fires may not be ignited before 5 PM (5:30 PM for Coast Guard Beach).

An adult, at least 18 years old, must sign for the fire permit and be present on the beach when the fire is active.

(a)(2) The following restrictions are in effect for the use of stoves or lanterns:

Contained charcoal grill or gas grill fires are allowed (without permit) at all beaches and the following designated picnic areas:

  • Doane Rock
  • Pilgrim Heights
  • Beech Forest
  • Self Contained Vehicle Areas
  • Marconi Site
  • Marconi Beach (Picnic Site)
  • Great Island
  • Outer Beach (except for protected or posted beach areas)

(b) Fires must be extinguished according to the following conditions:

Fires will be extinguished by 11:30 PM, except for person(s) night fishing with fire permits on the Coast Guard ORV corridor. Designated locations for fires and charcoal and gas grills in established areas, which provide for adequate supervision, and in concert with a permit system, protect beach and upland environments and limit public use conflicts.

36 CFR §2.15 – Sanitation and Refuse

(a)(7) The following restrictions are in effect regarding fish carcass disposal

Disposal of fish remains on park beaches is prohibited.

Fish carcasses or parts thereof can attract predators.

36 CFR §2.15 – PETS

(a)(1) The following structures and/or areas are closed to the possession of pets:

Pets are prohibited on the following 9 walking trails:

  • Fort Hill
  • Red Maple Swamp
  • Nauset Marsh
  • Atlantic White Cedar Swamp
  • Great Island (Exception: leashed pets are allowed between the upper/lower parking areas along the trail to the first cut and out onto the beach)
  • Pamet area including Bog House trails
  • Small’s Swamp
  • Beech Forest
  • Button Bush

Pets are prohibited from the following areas:

  • Freshwater pond beaches and water: May 15 – October 15
  • Province Lands Bike Trail: May 1 – October 31
  • Lifeguarded protected beaches (leashed pets may only pass through)
  • Shorebird and tern use area as signed

The presence of dogs and other pets along designated walking trails and ponds is determined to result in user conflicts and health and safety concerns. Pets that are not on leash result in safety concerns for visitors and animals. Pets that leave their scent on trails and ponds may disrupt the natural activities of the wildlife.

Fresh water ponds are a unique and sensitive resource with significant ecological, aesthetic, and recreational value. Many of the kettle ponds are very susceptible to changes in water quality due to increased sedimentation and nutrient loading. Dogs can add phosphorous, nitrogenous compounds and bacterial and possibly viral organisms to the water column by urination and defecation along the pond shorelines.

Because of ecological considerations, aesthetics, and visitor conflicts, this action restricts dogs at ponds within the Seashore.

Pets must be on a leash which shall not exceed six feet in length. Leashed pets are permitted to pass through lifeguard protected areas in order to reach areas where they may otherwise be allowed.

(a)(3) Pets may be left unattended and tied to an object in the following areas, under the conditions noted:

Pets may be left unattended and tied to an object only in employee housing areas.

(a)(5) Pet excrement must be disposed of in accordance with the following conditions:

No individual will allow a pet under their control to defecate upon sidewalks, streets, beaches, or land owned by the NPS without immediately and permanently removing the excrement.

(b) The use of dogs in support of hunting must be in accordance with Federal and State laws and the following conditions:

Dogs may be used while hunting in accordance with state laws, with the exception that only six (6) dogs per group are allowed when hunting on Seashore lands. The training of dogs is prohibited except during the established hunting season for rabbit, pheasant, and prescribed waterfowl seasons.

The use of hunting dogs in park areas open to hunting activity and in accordance with established state law and hunting seasons is determined to be appropriate. The limit of six (6) dogs per hunting group is established to provide greater control of the animals. The training of dogs is limited to established hunting seasons to reduce user conflicts, protect park resources, and be in compliance with 36CFR.

(e) Pets may be kept by park residents under the following conditions:

Persons residing in government quarters may keep pets in accordance with the Cape Cod National Seashore Housing Management Plan.

36 CFR §2.16 – HORSES and PACK ANIMALS

(b) The use of horses or pack animals is allowed on the following trails, routes or areas:

Trail riding and horse use is permitted only in the following locations:

  • Sunset Trail
  • West Trail
  • Herring Cove Trail (Beach route north to Hatches Harbor (Oct. 15 – May 15)
  • Park fire and dirt roads (except ORV routes and those designated as interpretive trails.)
  • On all saltwater beaches (Oct. 15 – May 15)
  • Beside Cape Cod Rail Trail

The designated times and location for riding horses within the Seashore are established to limit user conflicts and to protect fragile park environments.

36 CFR §2.17 – AIRCRAFT and AIR DELIVERY

(a)(1) Areas designated for operating or using aircraft are provided for in Part 7.

Land based aircraft may be landed at Provincetown Airport as authorized in §7.67(b).

36 CFR §2.20 – SKATING, SKATEBOARDS and SIMILAR DEVICES

The use of roller skates, skateboards, roller skis, coasting vehicles, or similar devices are allowed only in the following areas:

Most Park roadways and all Park parking lots, and bike trails are designated as open to roller skating, skateboards, roller skis, roller blades, coasting vehicles, mobility scooters or similar devices in accordance with state law and local ordinances. (State law ch. 720 §9.09, allows pedestrians [skates] to proceed “when practicable” on the left side of the roadway on its unfinished shoulder facing traffic).

Only roller skates and in-line skates are allowed on Race Point Road and Province Lands Road. Individuals are prohibited from using skateboards, roller skis, coasting vehicles, and any other similar devices on these two roads, and all other areas posted as closed to this activity.

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 electronic nicotine delivery systems (ENDS) as noted:

Smoking and the use of ENDS is prohibited and will not be permitted within any Government-owned or -leased vehicle, including heavy equipment, watercraft or aircraft. Smoking and the use of ENDS is prohibited on protected swimming beaches when lifeguards are on duty.

These restrictions are intended to reduce any possible conflict between users and the harmful effects of second-hand smoke and to protect park structures from fire danger or smoke. This prohibition is consistent with federal law.

36 CFR §2.23 – RECREATION FEES

(b) Recreation fees, and/or a permit, in accordance with 36 CFR Part 71, are established for the following entrance fee areas, and/or for the use of the following specialized sites, facilities, equipment or services, or for participation in the following group activity, recreation events or specialized recreation uses:

Entrance Fee Areas:

  • Coast Guard Beach (Little Creek)
  • Head of the Meadow Beach
  • Nauset Light Beach
  • Herring Cove Beach
  • Marconi Beach
  • Race Point Beach

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 ranger stations, visitor centers, amphitheaters and government buildings except government owned housing, unless specifically allowed as part of official duty, a licensed concessions operation and/or as part of a special event authorized by the Superintendent.

These locations are closed to the consumption of alcohol as it is deemed an inappropriate activity considering the other uses of these areas for educational, administrative, and interpretative activities.

Cahoon Hollow Beach area from May 20, through September 10 annually. Defined as the Federal tracts of land located within the Town of Wellfleet between the town-managed beaches of Newcomb Hollow (northern terminus) and White Crest Beach (southern terminus) and Ocean View Drive to the west.

For many years the Town of Wellfleet has prohibited the consumption of alcoholic beverages on public lands, which includes the town-managed area of Cahoon Hollow Beach. Over the past several years, visitors realized that the Seashore did not prohibit the consumption of alcoholic beverages on this tract of land. This area became a destination for individuals wishing to consume alcoholic beverages. This area has seen an increase in drunken behavior that has contributed to disorderly conduct, harassment, and violence to include assaults.

36 CFR §2.51 – DEMONSTRATIONS

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

(c)(2) The following locations are designated as available for demonstrations:

  • See Appendix 2

36 CFR §2.52 – SALE OR DISTRIBUTION OF PRINTED MATTER

(b) The sale or distribution of printed matter by 25 people or less is allowed within the park areas designated as available under 2.51(c)(2) (see above). The sale or distribution of printed matter by more than 25 persons is allowed within designated park areas when the Superintendent has issued a permit.

Per Policy Memorandum 14-01 dated January 28, 2014, other message-bearing items may also be distributed in designated areas under 36 CFR §2.52 if it is done free of charge and without asking for payment or a donation. This will allow the free distribution of message-bearing items to the public other than printed matter, so long as the activity occurs within an area designated as available for First Amendment activities.

Examples of message-bearing items that may be distributed for free include CDs, DVDs, and other readable electronic media.

36 CFR §2.62 – MEMORIALIZATION

(b) A permit is required for the scattering of ashes from cremated human remains, or in the following designated areas without a permit, in accordance with the following terms and conditions:

The scattering of human ashes from cremation, without a permit, is allowed under 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.
 

Boating and Water Use Activities (36 CFR, Part 3)

36 CFR §3.8 – PROHIBITED VESSEL OPERATIONS

(a)(2) Launching or recovering a vessel is prohibited, except at the following launch sites designated by the Superintendent:

  • Open ORV routes
  • Chequesset Landing
  • kayaks, canoes, and paddleboards may be launched and landed at all non-lifeguard protected beaches.

Launch sites are identified due to the ability to access these areas by vessels on trailers.

(b)(5) Operating a power driven or sailing vessel within marked designated swimming area is prohibited.The following posted areas are designated as swimming beaches from June 15 – Labor Day and are closed to boating activities:

  • Coast Guard Beach
  • Head of the Meadow Beach
  • Nauset Light Beach
  • Race Point Beach
  • Marconi Beach
  • Herring Cove Beach

Designated swimming beaches are identified as areas closed to boating to avoid visitor use conflicts and for public safety.

36 CFR §3.9 – PERSONAL WATERCRAFT (PWC)

Personal Watercraft is prohibited within the boundaries of Cape Cod National Seashore.

Personal Watercraft poses unacceptable risk of injury to operators and bystanders, and conflicts with other longstanding uses of the Seashore.

36 CFR §3.16 – SWIMMING AND WADING

Swimming or wading is allowed within the boundaries of Cape Cod National Seashore, except where designated as closed by the posting of signs in accordance with §1.5 and §1.7 of this chapter.

36 CFR §3.17 – REGULATIONS THAT APPLY WITHIN DESIGNATED SWIMMING BEACHES

(a) The Superintendent may designate areas for swimming areas or swimming beaches.

The following posted areas are designated as swimming beaches from June 15 – Labor Day.

  • Coast Guard Beach
  • Head of the Meadow Beach
  • Nauset Light Beach
  • Race Point Beach
  • Marconi Beach
  • Herring Cove Beach

The following is prohibited when lifeguards are on duty:

  • Use of a surfboard, paddleboard, Kayak or similar rigid device
  • Use of flotation devices (other than properly worn U.S. Coast Guard approved personal flotation devices) and scuba gear.
  • Sporting events (except as authorized by Special Use Permit)
  • Kite Flying

The following is prohibited at all times on all beach/dune areas:

  • Possession of glass containers

The identified activities are determined to threaten public health and safety and cause user conflicts. Glass containers break apart, linger on beach areas, and can cause injury.

 

Vehicles and Traffic Safety (36 CFR, Part 4)

36 CFR §4.10 – TRAVEL ON PARK ROADS AND ROUTES

(b) Routes and areas for off-road vehicle use are provided for in Part 7 and in Section §1.5(a)(2).

Designated oversand vehicle routes for Cape Cod National Seashore are promulgated as Special Regulations in Section §7.67(a)(1) and attached to this document as Appendix 1.

36 CFR §4.21 – SPEED LIMITS

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

All roads within the Seashore boundary that have town posted speed limits, and limited federal ownership along the road, will retain the town speed limits as posted.

Throughout Park:

  • All Parking Lot areas – 15 MPH.

Eastham:

  • Cable Road – 30 MPH from Nauset Road to Ocean View Drive
  • Doane Road – 30 MPH from Nauset Road to Coast Guard Beach
  • Nauset Road – 30 MPH from Route 6 (by SPVC) to Park Boundary

Wellfleet:

  • Marconi Beach Road:
    • 30 MPH from Route 6 to 100’ east of gate
    • 30 MPH from 100’ east of gate to Marconi Beach parking lot
    • 15 MPH from parking lot to bathhouse
  • Marconi Site Road - 30 MPH from Marconi Beach Road to Marconi Site

Truro:

  • Pilgrim Heights area – 15 MPH
  • Oversand Permit Routes – 15 MPH
  • Self-Contained Vehicle Areas – 5 MPH
  • Shorebird Nesting Areas, including “Drive Through Only” zones on the Oversand Permit Route – 5 MPH

Provincetown:

  • Oversand Permit Routes – 15 MPH
  • Self-Contained Vehicle Areas – 5 MPH
  • Shorebird Nesting Areas, including “Drive Through Only” zones on the Oversand Permit Route – 5 MPH
  • Race Point Road – 30 MPH from Race Point Beach to Park Boundary
  • Province Lands Road –
    • 40 MPH from Race Point Road intersection to, entrance of Hatches Harbor Dike Lot.
    • 25 MPH from entrance of Hatches Harbor Dike Lot to intersection of Route 6 / “Moors” section of Province Lands Road
    • 25 MPH “Moors” Section of Province Lands Road from intersection of Route 6 near Herring Cove to Park Boundary near west end of Bradford Street
  • Route 6 East of Province Lands Road Intersection
    • 50 MPH at Park Boundary;
    • 30 MPH approaching Province Lands Road intersection

Speed limits are set to maintain safe conditions on Seashore roads based on road character and visitor use.

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.

The following routes are designated for bicycle use:

  • Nauset Bike Trail
  • Park Fire Roads
  • Head of the Meadow Bike Trail
  • Cape Cod Rail Trail
  • Province Lands Bike Trail

The use of bicycles (including Fat Bikes and e-bikes) on beaches or dune areas is prohibited.

Routes may only be designated for bicycle use based on a determination made by the Superintendent that such use is consistent with the protection of a park area’s natural, scenic and aesthetic values, safety considerations and management objectives, and will not disturb wildlife or park resources.

(i) 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 h.p.).

E-bikes are allowed in Cape Cod National Seashore where traditional bicycles are allowed, see section (a) above. E-bikes are prohibited where traditional bicycles are prohibited see section (a) above. 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), and 4.30(i).

Except as specified in this Compendium, the use of an e-bike within Cape Cod National Seashore 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.

These routes have designated for e-bike use based on a determination made by the Superintendent that such use is consistent with the protection of a park area’s natural, scenic and aesthetic values, safety considerations and management objectives, and will not disturb wildlife or park resources.

 

Appendix 1 Special Regulations (36 CFR §7.67)

COMPENDIUM APPENDIX 1

36 CFR §7.67 Special Regulations

(a) Off-road operation of motor vehicles.

'What do I need to do to operate a vehicle off road?

  1. To operate a vehicle off road at Cape Cod National Seashore, you must meet the requirements in paragraphs (b) through (e) of this section. You also must obtain a special permit if you:
    1. Will use an oversand vehicle (see paragraphs (a)(6) and (a)(7) of this section for details);
    2. Will use an oversand vehicle to camp (see paragraph (a)(8) of this section for details); or
    3. Are a commercial operator (see paragraph (a)(9) of this section for details).

Where and when can I operate my vehicle off road?

You may operate a vehicle off road only under the conditions specified in the following table, except when a near (less than ½ mile) or total closure exists (see section I. 36 CFR §1.5). However, the Superintendent may close any access or oversand route at any time for weather, impassable conditions due to changing beach conditions, or to protect resources.

May I launch a boat from a designated route?

Boat trailering and launching by apermitted vehicle from a designated open route corridor is permitted.

ROUTE

WHEN YOU MAY USE THE ROUTE

On the outer beach between the opening to Hatches Harbor, around Race Point to High Head, including the North and South Beach access routes at Race Point and the bypass route at Race Point Light. Off road vehicle corridor from Exit 8 to High HeadAccess road at High Head from the inland parking area to the primary dune. Designated dune parking at High Head (for fishing only)Power Line Route access and fishing parking areaOn controlled access routes for residents or caretakers of individual dune cottages in the Province Lands.On commercial dune taxi routes following portions of the outer beach and cottage access routes as described in the appropriate permit.On the outer beach from High Head to Head of MeadowCoast Guard beach in Truro to Long Nook beach

April 15 through November 15, except Exit 8 to High Head which is closed April 1 through July 20.July 21 through November 15.January 1 through December 31.January 1 through December 31.Only when the Superintendent opens the route due to high tides, beach erosion, shorebird closure or other circumstances which will, as a result, warrant public use of this access way.January 1 through December 31.April 15 through November 15.July 1 through August 31.April 15 through November 15 (hours posted).


What travel restrictions and special rules must I obey
?

You must comply with all applicable provisions of this chapter, including part 4, as well as the specific provisions of this section.

  1. On the beach, you must drive in a corridor extending from a point 10 feet seaward of the spring high tide drift line to the berm crest. You may drive below the berm crest only to pass a temporary cut in the beach, and you must regain the crest immediately following the cut. Delineator posts mark the landward side of the corridor in critical areas.
  2. On an inland oversand route, you must drive only in a lane designated by pairs of delineator posts showing the sides of the route.
  3. An oversand route is closed at any time that tides, nesting birds, or surface configuration prevent vehicle travel within the designated corridor.
  4. When two vehicles meet on the beach, the operator of the vehicle with the water on the left must yield, except that self-contained vehicles always have the right of way.
  5. When two vehicles meet on a single-lane oversand route, the operator of the vehicle in the best position to yield must pull out of the track only so far as necessary to allow the other vehicle to pass safely, and then must back into the established track before resuming the original direction of travel.
  6. If you make a rut or hole while freeing a stuck vehicle, you must fill the rut or hole before you remove the vehicle from the immediate area.

What activities are prohibited?

The following are prohibited:

  1. Driving off a designated oversand route
  2. Exceeding a speed of 15 miles per hour unless posted otherwise.
  3. Parking a vehicle in an oversand route so as to obstruct traffic.
  4. Riding on a fender, tailgate, roof, door or any other location on the outside of a vehicle.
  5. Driving a vehicle across a designated swimming beach at any time when it is posted with a sign prohibiting vehicles.(vi) Operating a motorcycle on an oversand route.


What special equipment must I have in my vehicle?


You must have in your vehicle all the equipment required by the Superintendent, including:

  1. Shovel
  2. Tow rope, chain, cable or other similar towing device
  3. Jack
  4. Jack support board
  5. Low air pressure tire gauge
  6. Five tires that meet or exceed established standards.

What requirements must I meet to operate an oversand vehicle?

You may operate an oversand vehicle only if you first obtain an oversand permit from the Superintendent. The Superintendent administers the permit system for oversand vehicles and charges fees that are designed to recover NPS administrative costs.

  1. The oversand permit is a Special Use Permit issued under the authority of 36 CFR 1.6 and 4.10. You must provide the following information for each vehicle for which you request a permit:
    1. Name and address of registered owner
    2. Driver's license number and State of issue;
    3. Vehicle license plate number and State of issue; and
    4. Vehicle description, including year, make, model and color; make, model and size of tires.
  2. Before we issue a permit, you must:

    1. Demonstrate that your vehicle is equipped as required in paragraph (a)(6) of this section;
    2. Provide evidence that you have complied with all Federal and State licensing registering, inspecting and insurance regulations; and
    3. View an oversand vehicle operation educational program and ensure that all other potential operators view the same program.
  3. The Superintendent will affix the permit to your vehicle at the time of issuance.
  4. You must not transfer your oversand permit from one vehicle to another.

What requirements must I meet to operate an oversand vehicle in the off season?

To operate an oversand vehicle between November 16 and April 14, you must obtain from the Superintendent an oversand permit and a limited access pass. We will issue you a limited access pass if you have a valid oversand permit (see paragraph (a)(7) of this section) and if you have viewed an educational program that outlines the special aspects of off season oversand use.

  1. You may operate a vehicle during the off-season only on the portion of the beach between High Head and Hatches Harbor.
  2. You must not operate a vehicle during the off-season within two hours either side of high tide.
  3. We may issue a limited access pass for the following purposes:
    1. Access to town shellfish beds at Hatches Harbor;
    2. Recovery of personal property, flotsam and jetsam from the beach;
    3. Caretaker functions at a dune cottage; or
    4. Fishing

What requirements must I meet to use an oversand vehicle for camping?

You may use an oversand vehicle to camp on the beach only in the manner authorized in this section or as authorized by the Superintendent through another approved permitting process.

  1. You must possess a valid permit issued under paragraph (a)(7) of this section.
  2. You may camp only in a self-contained vehicle that you park in a designated area. A self-contained vehicle has a self-contained water or chemical toilet and a permanently installed holding tank with a minimum capacity of 3 days waste material. There are two designated areas with a maximum combined capacity of 100 vehicles.
  3. You must drive the self-contained vehicle off the beach to empty holding tanks at a dumping station at intervals of no more than 72 hours.
  4. Before returning to the beach, you must notify the Oversand Station as specified by the Superintendent.
  5. You must not drive a self-contained vehicle outside the limits of a designated camping area except when entering or leaving the beach by the most direct authorized route.
  6. You are limited to a maximum of 21 days camping on the beach from July 1 through Labor Day.

What special requirements must I meet if I have a commercial vehicle?

  1. To operate a passenger vehicle for hire on a designated oversand route, you must obtain a permit from the Superintendent. The Superintendent issues the permit under the authority of 36 CFR §1.6, §4.10 and §5.6.
  2. You must obey all applicable regulations in this section and all applicable Federal, State and local regulations concerning vehicles for hire.
  3. You must provide the following information for each vehicle that will use a designated oversand route:
    1. Name and address of tour company and name of company owner;
    2. Make and model of vehicle;
    3. Vehicle license plate number and State of issue; and
    4. Number of passenger seats.

How will the Superintendent manage the off-road vehicle program?

  1. The Superintendent will issue no more than a combined total of 3400 oversand permits annually, including self-contained permits.
  2. The Superintendent will monitor the use and condition of the oversand routes to review the effects of vehicles on natural, cultural, and aesthetic resources in designated corridors. If the Superintendent finds that resource degradation or visitor impact is occurring, he/she may amend, rescind, limit the use of, or close designated routes. The Superintendent will do this consistent with 36 CFR §1.5 and §1.7 and all applicable Executive Orders;
  3. The Superintendent will consult with the Cape Cod National Seashore Advisory Commission regarding management of the off-road vehicle program.
  4. The Superintendent will recognize and use volunteers to provide education, inventorying, monitoring, field support, and other activities involving off-road vehicle use. The Superintendent will do this in accordance with 16 U.S.C. 18 g-j.
  5. The Superintendent will report annually to the Secretary of the Interior and to the public the results of the monitoring conducted under this section, subject to availability of funding.

What are the penalties for violating the provisions of this section?

Violation of a term or condition of an oversand permit issued in accordance with this section is prohibited. A violation may also result in the suspension or revocation of the permit.

Has OMB approved the collection of information in this section?

As required by 44 U.S.C. 3501 et seq., the Office of Management and Budget has approved the information collection requirement contained in this section. The OMB approval number is 1024-0026. We are collecting this information to allow the Superintendent to issue off-road vehicle permits. You must provide the information in order to obtain a permit.

Are other ORV corridor options available during the piping plover and tern bird nesting season?

As per the ORV EA finalized in 2007, the selected alternative enables Seashore staff to implement one or more of the following options only if a nearclosure (less than ½ mile) or total closure of the ORV corridor occurs.

  1. The park will consider opening access to the High Head north ORV corridor prior to July 21st. In addition, the park would explore opening access to the ORV corridor near High Head and Head of the Meadow prior to July 1st.
  2. The park would consider temporary daytime access to the ORV corridor south of Coast Guard Beach in Truro until June 30th.

(b) Aircraft

  1. Land based aircraft may be landed only at the Provincetown Airport approximately one-half mile south of Race Point Beach in the Provincelands area.
  2. Float equipped aircraft may be landed only on federally controlled coastal water in accordance with Federal, State, and local laws and regulations.


(c) Motorboats
Motorboats are prohibited from all federally owned ponds and lakes within the seashore in Truro and Provincetown.

(d) Shellfishing
Shellfishing, by permit from the appropriate town, is permitted in accordance with applicable Federal, State, and local laws.

(e) Public nudity
Public nudity, including public nude bathing, by any person on Federal land or water within the boundaries of Cape Cod National Seashore is prohibited. Public nudity is a person's intentional failure to cover with a fully opaque covering that person's own genitals, pubic areas, rectal area, or female breast below a point immediately above the top of the areola when in a public place. Public place is any area of Federal land or water within the Seashore, except the enclosed portions of bathhouses, restrooms, public showers, or other public structures designed for similar purposes or private structures permitted within the Seashore, such as trailers or tents. This regulation shall not apply to a person under 10 years of age.

(f) Hunting

  1. Hunting is allowed at times and locations designated by the Superintendent as open to hunting.
  2. Except as otherwise provided in this section, hunting is permitted in accordance with §2.2 of this chapter.
  3. Only deer, upland game (including Eastern Wild Turkey), and migratory waterfowl may be hunted.
  4. Hunting is prohibited from March 1st through August 31st each year, except for the taking of Eastern Wild Turkey as designated by the Superintendent.
  5. The Superintendent may:
    1. Require permits and establish conditions for hunting; and
    2. Limit, restrict, or terminate hunting access or activities after taking into consideration public health and safety, natural and cultural resource protection, andcother management activities and objectives.
  6. The public will be notified of such limitations, restrictions, closures or other hunting related designations through one or more methods listed in §1.7(a) of this chapter.
  7. Violating a closure, designation, use or activity restriction or a term or condition of a permit is prohibited. Violating a term or condition of a permit may result in the suspension or revocation of the permit by the Superintendent.
 

Last updated: October 1, 2025

Park footer

Contact Info

Mailing Address:

99 Marconi Site Road
Wellfleet, MA 02667

Phone:

508-255-3421
To contact NPS Law Enforcement or report an incident, please call the 24-hour dispatch: 617-242-5659. In the event of an emergency, call 911.

Contact Us