Superintendent's Compendium

Superintendent' Compendium
Of Designations, Closures, Permit Requirements and Other Restrictions Imposed Under Discretionary Authority
Polly Angelakis, Superintendent, June 3, 2024

The NPS has a legal obligation to conserve scenery, natural and historic objects, and wildlife, and to provide for the enjoyment of those resources in a manner that will leave them unimpaired for the enjoyment of future generations (36 CFR § 1.1).

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 (NPS), within the boundaries of Carl Sandburg Home National Historic Site. Unless otherwise stated, these regulatory provisions apply in addition to the requirements contained in 36 CFR, Parts 1-7. Violating any provision in this Compendium may result in criminal penalties under 36 CFR 1.3.

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.

Under the provisions of 16 U.S.C., section 3, and Title 36, Code of Federal Regulations, Chapter 1, Parts 1-7, the following Superintendent’s Orders (compendium) are established for Carl Sandburg Home National Historic Site. These orders apply in addition to the provisions contained in Parts 1-7 of Title 36 CFR.

Security Camera Policy Statement

Carl Sandburg Home NHS uses security cameras to visually monitor all public areas where no constitutionally-protected, reasonable expectation of privacy exists. Access to images is limited to authorized personnel only. Operation of cameras, and maintenance, storage, and use of recorded images is in accordance with applicable laws and regulations.

Determination: Use of security cameras helps ensure public safety and security and facilitates the detection, investigation, prevention, and deterrence of crime.

Visiting Hours:

• The barnyard and pastures are open daily from 10am to 4pm, except for Thanksgiving, Christmas, and New Year’s Day.
• The Sandburg Home and Park Store/Visitor Center are open Wednesdays through Sundays from 10am-4pm, except for Thanksgiving, Christmas, and New Year’s Day.
• Park structures (including rest rooms) are locked by 4:45pm daily.
• Park grounds (including parking lots) are open to visitor use between sunrise and sunset.
• The visitor parking lots are for use only by visitors to Carl Sandburg NHS. Parking a vehicle during operating hours in visitor parking lots to attend non-park activities is prohibited, with one exception:
  • Vehicles may use the main, paved visitor parking lot after sunset under terms of the Letter of Permission for Land Use with the Flat Rock Playhouse.
  • No vehicles may use the visitor parking lots when the gates are closed, or between sunset and sunrise. No vehicle may park in front of any parking lot gate when gates are closed.

Determination:

The Sandburg Home has a capacity limit of 10 visitors on house tours to protect items on display and to reduce crowding in the home.

The park is designated as Day Use Only. It is necessary to establish hours that the public may enter an area in order to protect the sensitive natural and cultural resources from resource damage, theft, vandalism, and other inappropriate activities. Operating hours are also necessary for visitor safety since these areas can present hazardous conditions, which become extreme during the night hours.

Closures and Public Use Limits:

• Visitor Shuttle: Child restraints are provided for visitor convenience. All children must be secured as required by law. Child guardians are responsible to ensure children are properly seated and secured. Please report any concerns or defects in child restraints to the driver immediately.
• Service Animals: With the exception of the barn and barnyard, service animals are permitted, per the Americans with Disabilities Act. For visitor and animal safety, service animals are not allowed in the barn or yard. Goats view these animals as predators and react in unpredictable ways. Visitors may ask staff how to safely interact with goats and other farm animals.
• All impounded and flowing waters are closed to fishing, swimming, boating, and ice skating or walking on the ice. All historic structures or rooms therein are open to visitors unless locked or designated otherwise.
• Park grounds are closed to all sports, kite flying, and balloon releases.
• Hammocks may not be attached to any park structure or to any natural or cultural resource.
• Visitors’ cars and trucks are prohibited from the Historic Zone (see online park map) except when transporting persons with disabilities and or educational youth groups, with advanced approval.
• · Temporary closures may be put in place throughout the park without advanced notice and may include park structures, roads, and trails.
• · All park trails and unpaved roads are closed to wheeled vehicle use. Exemptions are made for visitors who need accessible parking; and visitors with wheelchairs, strollers, or buggies.
• · Picnicking is prohibited in the barn area.
• · All public use and entry into the following areas is prohibited:
  • Maintenance buildings and boneyard
  • Front Pastures
  • Side Pastures
  • Park Residence
  • Hill Tract and Mausoleum, located on Big Glassy Mountain, and marked with “Area Closed” signage.
• Ham radio activities cannot impede visitor safety, access, or enjoyment of any parking lot, trail, or other part of the park. All equipment and activities for operating ham radios must be self-contained (in vehicle or hand-held). Attaching equipment to any structures, rocks, trees, or other natural or historic resources within Carl Sandburg Home NHS, in any location, is never allowed. Transmissions from vehicles are limited to the hikers’ lot and to a maximum of four operators in two vehicles. No transmissions from vehicles are allowed in the main parking lot. Transmissions from trails must use self-contained, free-standing equipment.
• Leaving a designated trail to shortcut between portions of the same trail, or to portions of another trail or area, is prohibited.

Determination: Staying on trails and out of closed areas protects the park’s natural and cultural resources and prevents erosion. The prohibition of hammock use, sports, kite flying, and balloon releases provides safe, unobstructed park access to visitors and protects all park structures and resources from damage. Keeping radio operations self-contained (not attached to any natural or historic resources) and limited to a certain number or area allows for this activity to continue while also protecting park resources and other types of allowed visitor activities.

Service animals: Under 36 CFR §1.5(a), the NPS will construe 36 §CFR 1.5(a) to be consistent with Section 504 of the Rehabilitation Act of 1973. The NPS is not required to modify policies, practices, or procedures to accommodate service animals if such modifications would “fundamentally alter” the nature of the goods, services, programs, or activities provided to the public. Additionally, the NPS may impose legitimate requirements necessary for the safe operation of its services, programs, or activities. Therefore, a park may prohibit service animals in an area closed to pets if (1) allowing them would require a fundamental alteration to the nature of the goods, services, programs, or activities provided to the public in the area, or (2) the presence of a service animal would jeopardize the safe operation of its services, programs, or activities.

• Launching, landing, or operating unmanned aircraft (“drones”) within or on lands and waters administered by the National Park Service within the boundaries of the Carl Sandburg Home NHS is prohibited except as approved in writing by the Superintendent.

Definitions: 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, quad copters, drones) that are used for any purpose, including recreation or commerce.

Determination: There are several potential impacts of the use of unmanned aircraft within the boundaries of Carl Sandburg Home NHS. First, the area of potential effect is the entire Carl Sandburg Home NHS designed cultural landscape, historic structures, and archeological sites within the site’s administrative boundary. The National Register recognizes a property’s integrity through seven qualities: location, design, setting, materials, workmanship, feeling, and association. The use of unmanned aircraft near properties listed on the National Register has the potential to adversely affect the setting and feeling aspects of those sites. The closure of the Carl Sandburg Home NHS to unmanned aircraft eliminates the potential for adverse effect. Furthermore, it reduces the potential disruption of the visitor experience. Second, unmanned aircraft can disturb wildlife, including species of management concern.

36 CFR §1.6 – ACTIVITIES THAT REQUIRE A PERMIT

The superintendent may issue a permit to authorize an otherwise prohibited or restricted activity or impose a public use limit, consistent with applicable Federal laws and policies. The decision will be based upon a determination that public health and safety, park resources, facilities, or visitor use will not be adversely impacted.

Applicants must contact the park’s Special Use Coordinator for information and application via email to [e-mail] or via postal mail addressed to: Special Use Permits Coordinator, Carl Sandburg Home National Historic Site, 81 Carl Sandburg Lane, Flat Rock, North Carolina. 28731. There may be a $100 non-refundable application fee.

Activities that may result in capacity issues or unsafe conditions will not be permitted. A permit may be adjusted or canceled if conditions warrant.

The following is a compilation of those activities for which a Special Use Permit is required:

• 36 CFR §2.12 (a) (4) Public Address Systems.
• 36 CFR §2.50 Special events.
• 36 CFR §2.51 (First Amendment activities) and §2.52 (sale or distribution of printed matter):
  • First Amendment gatherings/demonstrations involving 25 or more persons require a permit.
  • First Amendment groups of 25 or less require a permit (even if within a First Amendment designated area) if they:
    • Want to hold a demonstration or distribute and/or sell printed matter somewhere outside a designated First Amendment area.
    • Are merely an extension of another group already availing itself of the 25-person maximum.
    • Want to guarantee they will have priority for the use of a location, including the designated First Amendment area.
    • Hand-carried signs may be used, but stages, platforms, or structures may not be used.
• A small group of 25 or less is not required to obtain a First Amendment Permit if they are located within a park designated First Amendment site and have no more than leaflets, booklets and/or hand held signs.
• The primary designated First Amendment area is on the wide paved area across from the amphitheater entrance. This area is available for small groups of 25 or less on a “first come, first served” basis.
• No special interest group or persons shall occupy any area of the park so as to prevent its use by other park visitors.

Determination: Freedom of speech, press, religion, and assembly are constitutional rights. However, the courts have recognized that activities associated with the exercise of these rights may be reasonably regulated to protect park resources and to provide safe, unobstructed visitor access. The necessity of a permit to conduct First Amendment activities is determined by the group size.

• 36 CFR §2.62(b) Scattering of human ashes from cremation.
• 36 CFR §5.5 Commercial filming, still photography, and audio recording are subject to requirements found in 54 U.S.C. 100905 and 43 CFR Part 5, Subpart A:
  • All commercial filming requires a permit.
  • A permit for still photography is required only in limited circumstances:
    • Photography that uses a model, set, or prop.
    • Photography that either: 1. Takes place in an area closed to the public; or 2. Requires the NPS to incur costs to manage the activity to protect resources or minimize visitor use conflicts.

Determination: Activities carried out under special permit may be reasonably regulated to protect park resources and to provide safe, unobstructed park access to visitors not involved with the permitted activity. Special use permits prevent entire areas from being filled to capacity and help avoid conflict between permitted activities and other park uses.

“Model” means a person or object that serves as the subject for commercial filming or still photography for the purpose of promoting the sale or use of a product or service. “Sets and props” means items constructed or placed on agency lands to facilitate commercial filming or still photography.

GENERAL REGULATIONS

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

(a)(5) The following conditions are in effect for walking, climbing, entering, ascending, or traversing the listed archeological or cultural resource, monuments, or statues: The following historic structures may be entered during regular business hours:

• Sandburg Residence
• House Garage
• Goat Barn
• Barn Garage
• Milk House
• Wash House (door on right side of building)

(a) (6) Possessing, destroying, injuring, defacing, removing, digging, or disturbing a structure or its furnishing or fixtures, or other cultural or archeological resources is prohibited.

(a) (7) Possessing or using a mineral or metal detector, magnetometer, or similar device is prohibited.

Determination: Activities that harm a park’ s natural or cultural resources are prohibited. It is necessary to note established hours and prohibited activities, in order to fulfill this mission.

(c)(1), (c) (2) Fruits, nuts, and berries may be gathered by hand for personal, non-commercial use or consumption, in accordance with the noted size, quantity, collection sites and/or use or consumption restrictions:

• Small quantity is defined as up to one pint per person per day.
• Edible fungi can be collected for personal consumption up to one pint per person per day.
• The collection of any other natural object or mineral is expressly prohibited in 36 CFR §2.1.

Determination: The gathering of small amounts (up to one pint) of native fruits, berries, or nuts will not adversely affect the reproductive potential of these species or otherwise adversely affect park resources.

36 §CFR 2.12 AUDIO DISTURBANCES

(a) The following are prohibited:

(1) Operating motorized equipment, vehicle

s, or machinery in a manner: (i) That exceeds a noise level of 60 decibels measured on the A-weighted scale at 50 feet; or, if below that level, nevertheless; (ii) makes noise which is unreasonable, considering the location, time of day, purpose for which this historic site was established, and impact on park users.

(4) Operating a public address system, except in connection with a public gathering or special event for which a permit has been issued, as noted above in “36 CFR §1.6 – ACTIVITIES THAT REQUIRE A PERMIT.”

36 CFR§ 2.2 – WILDLIFE PROTECTION

(a) The following are prohibited within the boundaries of the park:

1. Hunting

2. Feeding, touching, teasing, frightening or intentionally disturbing wildlife, including their nesting, habitat, breeding, and other activities.

3. Possessing unlawfully taken wildlife or portions thereof.

Determination: This prohibition is in place to ensure public safety and provide the highest degree of protection to park resources.

36 CFR §2.3 – FISHING

All park waters are closed to fishing.

Determination: These waters are closed to protect sensitive aquatic habitats and species.

36 CFR §2.4 – Weapons, Traps, and Nets

All weapons, traps, and nets are prohibited within the boundaries of the park.

Firearms may be carried in compliance with North Carolina state laws, except where expressly prohibited by posted signs at the public entrance(s) to government buildings.

Determination: This prohibition is in place to ensure public safety and provide the highest degree of protection to park resources.

36 CFR §2.13 – FIRES

(a)(1) The lighting or maintaining of fires is prohibited in all areas.

Determination: This prohibition is in place to ensure public safety and provide the highest degree of protection to park resources.

36 CFR §2.14 – SANITATION and REFUSE

(a)(2) The use of government refuse receptacles or facilities for dumping household, commercial, or industrial refuse, brought as such from private or municipal property is prohibited.

Determination: This prohibition is in place to ensure public safety and provide the highest degree of protection to park resources.

36 CFR §2.15 – PETS

The following structures and/or areas are closed to pets:

• Historic structures, including the goat barn and yard.
• All park waters.
• Pets must always be on a leash physically controlled by the owner or walker.
• Leashes must be no longer than 6’ in length.
• Pets may not be left unattended at any time.
• Pet excrement must be picked up immediately and disposed of in a refuse receptacle.

Determination: These prohibitions are in place to ensure the safety of visitors and pets, and provide the highest degree of protection to park resources. Unleashed pets may unintentionally frighten visitors. Unattended pets may run onto adjacent busy county roads and be injured or killed by motor vehicles. Unattended pets in any location (including visitor vehicles) may be harmed during times of temperature extremes. Unattended pets will often create a disturbance by barking when left alone, in any location. Pet excrement can harm local flora and fauna by spreading disease.

36 CFR §2.20 – SKATING, SKATEBOARDS and SIMILAR DEVICES

The use of roller skates, skateboards, roller skis, coasting vehicles, or similar devices is prohibited.

Determination: These restrictions are necessary for visitor safety and protection of the park’s natural and cultural resources.

36 CFR §2.21 – SMOKING

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

• Smoking (including e-cigarettes and vaping) is prohibited in all government buildings and structures. Smoking is also prohibited wherever posted and along trails.

Determination: Smoking is prohibited in all government buildings and vehicles to comply with government-wide health and safety policies. Smoking is prohibited where posted and along trails, in order to protect park resources and reduce the risk of fire. The prohibition of smoking, e-cigarettes, and vaping is in place to ensure public safety and enjoyment of the park and provide the highest degree of protection to park resources.

36 CFR §2.23 – RECREATION FEES

(b) Recreation fees, and/or a permit, in accordance with 36 CFR §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: None.
• Daily Site Use Fee Areas: None.
• Interpretive Fee: Fees are charged for house tours in accordance with 54 USC 101702.

Determination: House tour fees are charged to support interpretive and preservation efforts in the Sandburg Home.

36 CFR §2.35 –ALCOHOLIC BEVERAGES

(a)(3)(i) The consumption of alcoholic beverages and/or the possession of a bottle, can, or other receptacle containing an alcoholic beverage is limited to the designated picnic area.

Determination: The consumption of alcohol can and has interfered with the enjoyment of the park by others. These restrictions are necessary to maintain order and provide for visitor safety.

36 CFR §2.38 – EXPLOSIVES

(a) Using or possessing fireworks, firecrackers, sparklers, or other explosives or incendiaries is prohibited.

Determination: Fireworks are prohibited in order to protect park resources and reduce the risk of fire.

36 CFR §3 – BOATING OPERATIONS

All park waters are closed to boating operations.

Determination: These waters are closed to protect the domestic water supply and sensitive aquatic habitats and species.

36 CFR §3.21 – SWIMMING AND BATHING

(a)(1) Swimming, bathing, and wading is prohibited throughout the Park:

Determination: Swimming and bathing may negatively affect sensitive aquatic habitats and species.

36 CFR §4.10 – TRAVEL ON PARK ROADS AND ROUTES

(a) Park roads open to limited vehicle traffic are indicated below, and/or indicated in the attached map:

· The Back Drive, from gate near headquarters (81 Carl Sandburg Ln) to accessible parking spots near barn is open for travel by motor vehicle, with advanced approval from the Superintendent or designee.

Determination: Pedestrians walk along all roads within the park. Vehicle restrictions are necessary for their safety.

36 CFR §4.11 – VEHICLE LOAD, WEIGHT AND SIZE LIMITS

(a) The following load, weight, and size limits, which are more restrictive than State law, ap

ply to the roads indicated under the terms and conditions, and/or under permit as noted:

• Vehicle engines must be shut off when not underway.
• Vehicles over 22 feet in length are prohibited.

Determination: The idling of engines adds unnecessary exhaust fumes to the air and diminishes the enjoyment by visitors of the peace and tranquility of the park. Size limits are necessary for the safety of pedestrians walking through the park, due to the narrow one-lane road and lack of turn-around space in the core of the park.

36 CFR §4.21 – SPEED LIMITS

(b) 10 mph is the maximum speed limit on all routes and roads within park boundaries.

Determination: The 10-mph speed limit is necessary for the safety of pedestrians walking through the park.

36 CFR §4.30 – BICYCLES

Except for public parking areas, all park grounds are closed to bicycle use. This includes the use of e-bikes, i.e. two- or three-wheeled cycles with fully operable pedals and an electric motor of less than 750 watts (1 h.p.).

Determination: This restriction is necessary for visitor safety and protection of the park’s natural and cultural resources.