IntroductionIn accordance with applicable law and policy, and pursuant to the delegated authorities provided in title 36, code of federal regulations, chapter 1 (“36 CFR”), the following compendium actions apply to all lands and waters administered by the National Park Service (NPS) within the boundaries of Castillo de San Marcos National Monument. This document is the written compilation of designations, closures, permit requirements and other restrictions imposed under the discretionary authority of the Superintendent, as required by 36 CFR 1.7(b). Violating any provision in this compendium may result in criminal penalties under 36 CFR 1.3.
36 CFR 1.4 DefinitionsNPS regulations in 36 CFR 1.4 define certain terms that are used in 36 CFR's. Other sections in 36 CFR may define terms that are used in those sections. To the extent any terms defined in the CFR are used in this compendium, those definitions apply. In addition to terms defined in the CFR, the following terms used in this compendium are defined as follows: Federal Facility: means any building, structure, or fixture or part thereof which is owned by the United States or any Federal agency or which is held by the United States or any Federal agency under a lease-acquisition agreement under which the United States or a Federal agency will receive fee simple title under the terms of such agreement without further negotiation. Such term also applies to facilities related to programs administered by Federal agencies. See 42 USC 8271. Seawall: The seawall is defined as that structure, and any appurtenances thereto, situated in the Matanzas River in the harbor of the City of St. Augustine, St. Johns County, Florida beginning at the most northeasterly point of the NPS boundary and running in a southerly direction to the most southeasterly point of the NPS boundary. Service Animal: NPS policy defines a service animal as a dog that has been individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. The tasks performed by the animal must be directly related to the person’s disability. "In addition to the provisions about service dogs, ADA regulations have a separate provision about miniature horses that have been individually trained to do work or perform tasks for people with disabilities. (Miniature horses generally range in height from 24 inches to 34 inches measured to the shoulders and generally weigh between 70 and 100 pounds.)" See 28 CFR 35.104. Unmanned Aircraft Systems (UAS): The term "unmanned aircraft" means a device that is used or intended to be used for flight in the air without the possibility of direct human intervention from within or on the device, and the associated operational elements and components that are required for the pilot or system operator in command to operate or control the device (such as cameras, sensors, communication links). This term includes all types of devices that meet this definition (e.g., model airplanes, quadcopters, drones) that are used for any purpose, including for recreation or commerce. (Also known as Uncrewed Aircraft Systems (UAS)) See DOI UAS Policy Information webpage. 36 CFR 1.5 Closures and Public Use Limits36 CFR 1.5 (a)(1) - Visiting hours, public use limits and closures.Visiting Hours
Determination: Closing the fort in the evening is necessary because the NPS does not have sufficient staff to manage visitors during those times and to protect park resources when staff is not present.
Determination: Closing the Park Grounds in the evening is necessary because the NPS does not have sufficient staff to manage visitors during those times and to protect park resources when staff is not present. This is also necessary to reduce vandalism and discourage camping and other illegal activities.
Determination: Closing these areas is necessary because the NPS does not have sufficient staff to manage visitors during those times and to protect park resources when staff is not present. Further this is necessary to reduce vandalism, discourage camping and other illegal activities, and provide for a higher degree of employee safety for employees who work during hours other than 8:00 AM to 4:30 PM weekdays.
Determination: Necessary lot closures occur under special circumstances to provide for the safety of the public. Closures
Determination: Closing the fort on these holidays is necessary because the NPS does not have staff scheduled to work to manage visitors during those holidays and to protect park resources when staff is not present.
Determination: The closure of all or parts of the park during severe weather conditions are necessary for the protection of visitors and employees from injuries or death. Severe and sudden weather conditions can occur with little or no notice. Therefore, delegation for closure is given to the on-site supervisor so as not to needlessly endanger the visiting public from weather hazard.
Determination: This closure is necessary the prevent serious bodily injury or death.
Determination: The docking of a vessel in an undesignated area is a danger to visitors. This activity presents a danger of damaging the historic fabric of the seawall.
Determination: This closure is necessary to maintain the historic scenery and avoid conflict with other visitors. Organized Athletic activities such as football, soccer, baseball, Frisbee, etc. endanger visitors using the same area, who are not participating in the sport activities. Adequate recreational facilities are available with-in one and a half blocks from the monument grounds. Golf, archery, or similar activities’ present an obvious danger to the other visitors in a confined and heavily populated area. In addition, these activities disturb the historic atmosphere and can constitute impairment of park values.
Determination: This restriction is necessary to protect cultural resources, natural resources, unrecorded artifacts, archaeological resources, and park infrastructure (irrigation/drainage/utilities) under the ground by preventing ground disturbance. 36 CFR 1.5(a)(2) – Designated areas, conditions or restrictions on a use or activity.Conditions or Restrictions on a Use or Activity
Determination: This restriction is necessary to prevent unacceptable impacts to park resources and values from the use of uncrewed aircraft. Potential impacts include harming visitors, interfering with rescue operations, causing excessive noise, impacting viewsheds, and disturbing wildlife. This restriction is required by NPS Policy Memorandum 14-05 dated June 19, 2014.
Determination: This condition/restriction is necessary because the uneven floors and coquina shell walls can present tripping hazards and may cause injury.
Determination: This condition/restriction is necessary because this is a historic structure, which is sensitive to damage. Additionally, food and trash attract scavengers that subsequently create damage to the site.
Determination: This condition/restriction is necessary to maintain a safe driving lane; to provide access to buses and provide safe loading and unloading of passengers.
Determination: This condition/restriction is necessary because double parking blocks traffic and idling causes fumes that may harm visitors.
Determination: A minimum age requirement is necessary to ensure that adult authorization is available in case of injury, and to insure proper adult supervision is available to children for their safety and the protection of resources.
Determination: Restrictions on kites are necessary to prevent damage to the historic fabric and to ensure the safety of the other visitors.
Map of a coastal fort and surrounding park area. The fort, shown in gray at the center-right, is surrounded by walls and a sea wall along the shoreline at the top. To the left, a large green area labeled “Fort Green” includes open space and an administration building in the lower-left corner. A fishing zone is marked along the water at the top left. Roads, including Castillo Drive and Florida A1A, run along the bottom and right side, with a parking area near the right edge. Footpaths and park boundaries are also indicated, with a north arrow pointing to the right.
Determination: Dual control line kites move much faster than single line kites and are therefore more dangerous upon descent, in addition to being more difficult to control.
Determination: Visitors and the historic structure could be at risk of injury or damage if the device was to land inside or on the fort.
Determination: 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. 36 CFR 1.6 – Activities That Require a Permit36 CFR 1.6(f) – Activities that require a permit.The following activities are prohibited without a permit. Criteria for approving or denying permits are established by applicable law (statutes and regulations) and policy. Permitted activities are subject to applicable terms and conditions.
36 CFR 2.1 – Preservation of Natural, Cultural, & Archeological Resources36 CFR 2.1(a)(1)
Determination: These closures are necessary to protect fragile natural resources, habitats, and environments and to provide for a safe and memorable visitor experience. 36 CFR 2.3 – Fishing
Determination: Fishing is not allowed along other areas of the sea wall or from the boardwalk due to the congestion of visitors to the park and to keep visitors safe from the possibility of casting hooks and other debris. This restriction is consistent with City of St. Augustine (COSA) regulations that prohibit fishing along the seawall walkways. See COSA Code Sec. 7-2. - Fishing from seawall prohibited.
Map of a coastal fort and surrounding park area. A star-shaped fort is shown at the center, outlined in bold lines, with interior walls and a courtyard. A fishing zone is highlighted in blue along the water at the upper left. The shoreline is lined with a sea wall along the top and right side. Roads, including Castillo Drive and Florida A1A, run along the bottom and right, with a labeled parking area on the right side. A building labeled “Park HQ” appears in the lower left. Footpaths and park boundaries are indicated, and a north arrow points to the right.
36 CFR 2.4 - Weapons
Determination: Re-enactors and other costumed individuals frequently carry weapons and replicas that could create a hazardous condition. NPS trained individuals involved in or conducting living history programs are exempt from this prohibition while conducting official business for the NPS. 36 CFR 2.10 – Camping
Determination: This closure is necessary because recreational camping is not consistent with the Monument’s historical significance and limited size. This prohibition is also consistent with city ordinances. See COSA Sec. 22-12. - Sleeping, camping, habitation or leaving human waste in public places prohibited. 36 CFR 2.13 – Fires
Determination: There are no areas designated as fire sites in the interest of fire safety and prevention, and to keep grounds maintenance costs to a minimum. 36 CFR 2.15 – Pets36 CFR 2.15(a)(1)
Determination: Pets can pose a danger and inconvenience to other visitors, while trained service animals provide protection and assistance. 36 CFR 2.15(a)(5)
Determination: Owners are required to clean up pet excrement and dispose of the excrement in a suitable trash receptacle. This is required due to the possibility of pet to human disease transmission. 36 CFR 2.20 - Skating, Skateboards, Roller Blades, and Similar Devices
Determination: Operation of skates, skateboards, roller blades, or similar devices on the grounds of the monument can cause safety hazards for both participants and visitors. 36 CFR 2.21 – Smoking
Determination: Smoking is prohibited to prevent the danger of fire, prevent conflicts among visitor use activities and to comply with government smoking regulations. 36 CFR 2.35 – Alcoholic Beverages
Determination: The consumption of an alcoholic beverage or the possession of an open container of an alcoholic beverage is inappropriate considering other uses of the location and the purpose for which it is maintained or established. This prohibition is also consistent with city ordinances. See COSA Code Sec. 4-5. - Drinking in public. 36 CFR 2.51 – Demonstrations and Designated Available Park Areas36 CFR 2.51(c)(2) – Designated LocationThe following location upon the grounds of the Castillo de San Marcos is designated as available for demonstrations. A permit is not required for a demonstration in the designated location if it involves 25 persons or fewer and does not involve structures. Those groups or individuals using park land for activities protected under the First Amendment of the U.S. Constitution are subject to all applicable local, state, and federal laws.
Aerial map labeled “Designated First Amendment Demonstration Areas” at Castillo de San Marcos National Monument. The star-shaped fort appears on the right near the water. Five demonstration areas are outlined in yellow across the grassy park west of the fort and along nearby streets.
The designated location is in a prominent area that will allow individuals and groups to conduct demonstrations in a manner that will allow for effective communication of speech and other protected activities. 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 legitimate government interests such as: the protection of park resources. Therefore, in order to protect these resources, the NPS may regulate certain aspects of First Amendment activities, such as the time, the place, and the manner in which they are conducted. It is the conduct associated with the exercise of these rights that is regulated and not the content of the message.
Map titled “Special Park Use Site Map” for Castillo de San Marcos National Monument. The star-shaped fort is shown at center-right, with Fort Green labeled to the left. A small section of Fort Green near the upper left is shaded in green, indicating the area available for wedding ceremonies. A nearby walkway and stairs are labeled, with a note stating ceremonies must not block access to them. Roads, including Castillo Drive and Florida A1A, run along the bottom and right, with a parking area on the right and an administration building in the lower left. Park boundaries, footpaths, and a north arrow are also shown.
36 CFR 2.52 – Sale of Printed Matter and the Distribution of Printed Matter and Other Message-Bearing ItemsThe following location upon the grounds of the Castillo de San Marcos is designated as available for the sale or distribution of printed matter, and the free distribution of other message bearing items. A permit is not required for these activities in the designated location if they involve 25 persons or fewer and do not involve structures. Those groups or individuals using park land for activities protected under the First Amendment of the U.S. Constitution are subject to all applicable local, state, and federal laws.
Determination: The designated location is in a prominent area that will allow individuals and groups to conduct demonstrations in a manner that will allow for effective communication of speech and other protected activities. 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 legitimate government interests such as: the protection of park resources. Therefore, in order to protect these resources, the NPS may regulate certain aspects of First Amendment activities, such as the time, the place, and the manner in which they are conducted. It is the conduct associated with the exercise of these rights that is regulated and not the content of the message. 36 CFR 4.2 – State Law Applicable(Unofficial reserving of parking spaces is prohibited)
Determination: The acts associated with saving a parking space can cause a hazard to the pedestrian and local traffic. Parking spaces are available on a first come first served basis. 36 CFR 4.10 - Travel on Park Roads and Designated Routes
Determination: These vehicles can travel at a high rate of speed and in a small, confined space like the Castillo and its walkways, which have a high density of visitors of all ages and mobility limitations as well as high numbers of school-age children that sometimes run unsupervised, there is great potential for injury or harm to other visitors as well as operators. In addition, the presence of a mechanical device constitutes an impairment of the visual enjoyment of the character defining features of the National Monument. The use of motorized vehicles, other than those utilized for official government business, present a safety hazard to the fragile coquina City Gates. 36 CFR 4.30 – Bicycles
Determination: The use of a bicycle or e-bike inside the Castillo presents a significant safety hazard to park visitors and the resource. See COSA Sec. 24-106. - Use of sidewalks and certain other rights-of-way. See Florida State Statute 316.2065 Bicycle regulations. CCTV Use Policy (DOI DM-444, NPS RM-9)The National Park Service'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; help facilitate the protection of the innocent and the apprehension and prosecution of criminals. This policy does not restrict the official use of CCTV in government administrative areas including administrative buildings, 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.). 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). Determination: Security measures in place provide for the protection of facilities, people, and irreplaceable objects held in national trust. Utilizing guidance from the Department of the Interior for the safety and security of a location and information provided by other agencies charged with the protection of valuable resources and people, the National Park Service provides these security measures to repel potential threats and present an educational and enjoyable opportunity for all that visit. |
Last updated: March 23, 2026