Superintendent's Compendium 2021 Designations, Closures, Permit Requirements and Other Restrictions Imposed Under Discretionary Authority 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 El Morro National Monument. Unless otherwise stated, these regulatory provisions apply in addition to the requirements contained in 36 CFR, Chapter 1, Parts 1-7. Written determinations, which explain the reasoning behind the Superintendent’s use of discretionary authority, as required by Section 1.5(c), appear in this document as italicized print. Approved by: Kelly Fuhrmann, SuperintendentDate 09/03/2021 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 monument, and the following closures are established for all or a portion of the monument to all public use or to a certain use or activity: Visiting HoursEl Morro Visitor Center: Visiting hours of operation are usually between 0900-1700 hours (9:00 am to 5:00 pm) but subject to change seasonally. Current hours of operation are posted on the website and at the monument's visitor center and entrance signs. This area will be closed on Thanksgiving Day, December 25, and January 1. Public Use LimitsGeneral Public Access: Access to El Morro National Monument is limited to the Visitor Center, Inscription Loop Trail and Headland Trail, picnic area, campground, and entrance road during established park hours as well as while traveling non-stop across the section of New Mexico Highway 53 Right Of Way within the Monument boundaries. ClosuresTemporary Trail Closures: Both the Inscription Loop Trail and/or the Headland Trail may be closed on a temporary basis due to adverse environmental conditions such as a rock-fall, snow conditions, or repairs/maintenance. Operation of Vehicles Vehicle traffic is restricted to open maintained and designated monument roads.
The operator of the Segway will:
Determination: Due to concentrated public visitation, varied topography and potentially congested or confined trail conditions encountered at El Morro National Monument, Segway use is limited to certain areas of the monument, generally those accessible to regular and motorized wheelchairs.Use of the Segway is specifically prohibited from use on any portion of the Headland Trail at El Morro National Monument (NM) due to the presence of numerous stairs, 200-foot drop offs, narrow and irregular trail surfaces and steep switchbacks. Filming Activities
The organizer of any other type of filming activity must provide written notice to the Superintendent at least 10 days prior to the start of the proposed activity. Based upon the information provided, the Superintendent may require the organizer to apply for and obtain a permit, if necessary, to:
If the Superintendent determines that the terms and conditions of a permit could not mitigate the concerns identified above in an acceptable manner, the Superintendent may deny a filming request without issuing a permit. The Superintendent will provide the basis for denial in writing upon request.
Determination: In Price v. Barr, Gordon Price, an independent filmmaker from Yorktown, VA, challenged the constitutionality of the commercial filming permit and fee requirements. In its decision in Price, the court acknowledged that the NPS has a substantial government interest in protecting park resources but determined that the permit requirement was not related closely enough to achieving this interest. The court objected to the fact that all commercial filming activities must obtain a permit no matter the potential for resource impacts. The court suggested that a permit requirement more closely tailored to the threat posed by high-impact filming may be acceptable. The court also held that the NPS did not have a sufficient interest to support charging location fees for commercial filming. The court issued a permanent injunction preventing the NPS from implementing and enforcing the permit and fee requirements for commercial filming. Mask WearingIndividuals over the age of two years must wear a mask except when actively eating or drinking, in the following locations:
Masks must meet CDC guidelines. Masks must cover the nose and mouth and fit snugly around the nose and chin with no large gaps around the sides of the face. Masks not designed to be protective, masks with ventilation valves, and face shields do not meet the requirement.
Geo-cachingThe creation or maintenance of a “geo-cache” containing any physical items within the Monument is prohibited. “Virtual” caches may be created and maintained if they meet the designated management conditions of the location. Conditions include consistency with park management plans such as not encouraging off-trail travel or travel in closed areas, visitor safety considerations, and the protection of resources. (Abandoning or leaving property unattended is also a violation of 36 CFR, Section 2.22(a) – Property). Passenger Carrying BusesAllowing bus engines to idle for more than 10 minutes is prohibited. First Amendment ActivitiesPublic gatherings or demonstrations including, but not limited to, religious observances or distribution of related materials may be held only in the following designated area:
The following restrictions and/or conditions are in effect for the specific uses or activities:
Determinations: In order to accommodate Freedom of Speech Activities, the Superintendent hasdesignated this area (Figure 1) where such activities may take place. Groups of 25 or more are required to obtain a permit. The Superintendent will issue permits upon request after making a determination that the requested activity will not have an adverse impact on public health and safety, environmental or scenic values, natural or cultural resources, scientific research, implementation of management responsibilities, proper allocation and use of facilities, or the avoidance of conflict among visitor use activities. The Superintendent must remain content neutral when evaluating the issuance of a permit for First Amendment activities. Use of these areas will be on a “first come, first served” basis. A group holding a permit will NOT have priority over a smaller group already in place. 36 CFR § 1.6 - ACTIVITIES THAT REQUIRE A PERMITf) The following is a compilation of those activities for which a permit from the Superintendent is required:
§2.4(d) Carry or possess a weapon, trap, or net. §2.5(b) Specimen collecting, research, and some science education activities:
§2.17 Aircraft & Air Delivery:
§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)
§2.50(a) Conduct a sports event, pageant, regatta, public spectator attraction, entertainment, wedding ceremony, and similar events
36 CFR § 2.1- PRESERVATION OF NATURAL, CULTURAL, AND ARCHEOLOGICAL RESOURCES(a)(4) Dead wood on the ground may be collected for use as fuel for campfires within the park in the following areas: The collection of dead and down wood is prohibited anywhere in the Monument. (a)(5) The following conditions are in effect for walking, climbing, entering, ascending or traversing the listed archeological or cultural resource, monuments or statues: All the following are prohibited:
The following archeological sites and historic resources are open to the public, as viewed fromexisting, maintained trails and during posted visitation hours:
Determination: Unrestricted travel by either foot or vehicle is likely to unacceptably impact fragile resources. There are numerous documented cases on file where archeological resources have been illegally removed from their original locations or disturbed within the boundaries of El Morro National Monument by those walking off-trail through these dense archeological sites. Such disturbance or removal of artifacts damages the otherwise virtually intact archeological record and constitutes disruption to the prehistoric timeline represented at El Morro National Monument. 36 CFR § 2.2 - WILDLIFE PROTECTION(e)The following areas are closed to the viewing of wildlife with the use of an artificial light: 36 CFR § 2.3 - FISHINGFishing is prohibited in the historic El Morro pool. 36 CFR § 2.4 - WEAPONS, TRAPS, and NETS (e)A special use permit signed by the Superintendent or designee is required to transport weapons, traps, or nets across park lands in order to access inaccessible private lands.
Firearm means a loaded or unloaded pistol, rifle, shotgun or other weapon, which is designed to, or may be readily converted to, expel a projectile by the ignition of a propellant. Weapon means a firearm, compressed gas or spring-powered pistol or rifle, bow and arrow, crossbow, blowgun, spear gun, hand-thrown spear, slingshot, irritant gas device, explosive device, or any other implement designed to discharge missiles, and includes a weapon the possession of which is prohibited under the laws of the State in which the park area or portion thereof is located.” 36 CFR § 2.10 - CAMPING and FOOD STORAGEa)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:
Determination: The campground at El Morro National Monument is quite small (nine sites total) and receives significant yearly visitation. Damage has occurred to the surrounding natural and cultural resources and is likely to continue if camper movement and use is not restricted to specifically developed and designated areas. The design of the campground site pullouts will not practically or safely accommodate recreational vehicles longer than 27 feet without damaging adjacent resources or creating a traffic hazard.Subsection 2.10 (b)(4): Quiet hours in the El Morro National Monument Campground will be maintained between the hours of 10:00 PM (2200 hours) and 6:00 AM (0600 hours).
Determination: El Morro National Monument's tranquility, dark skies, and natural sounds contribute to the experience of camping. Unreasonable human-caused noise intrudes on this unique resource, detracts from the visitor experience, and could disrupt natural wildlife behavior. 36 CFR § 2.11 - PICNICKINGPicnicking (i.e. non/camping, day use) is limited to the picnic tables and associated areas directly adjacent to the RV/bus parking lot, north of the visitor center. 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:
(b) Fires must be extinguished according to the following conditions: 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 allowed under the following conditions:
Determination: Due to heavy public use, all human waste will be properly disposed of in restrooms provided by the National Park Service, otherwise highly unsanitary conditions would prevail that would potentially detract from a safe, healthy, and positive visitor experience. Such conditions are not compatible with the recreational activities and opportunities available at El Morro National Monument. 36 CFR § 2.15 - PETS (a)(1) The following structures and/or areas are closed to pets:
Pets are allowed on the Inscription Loop and Headland Trails provided they are on a leash, which shall not exceed 6 feet in length, and under physical control at all times. Pets are prohibited from drinking water from or entering the water of the historic El Morro pool at all times. Pets are not allowed in the visitor center, with exceptions for certified guide dogs. (a)(3) Pets may be left unattended and tied to an object in the following areas, under the conditions noted: Pets are not to be left unattended in a vehicle or tied to an object, at any time. (a)(5) Pet excrement must be disposed of in accordance with the following conditions Owners or persons having custody or control of any animal(s) will immediately remove and dispose of excrement voided by an animal(s) under their control. Excrement will be disposed of in trash containers. Determination: Unrestrained pets are likely to cause resource damage or possibly threaten visitors when encountered within the relatively close confines of the monument's trail system. Large animals such as mountain lions and black bears are occasionally found in the monument that could easily injure or kill pets or their owners. Diseases carried by pets can have an adverse effect on wildlife. Interaction with pets can cause wildlife to change daily patterns.The historic El Morro pool is a sensitive cultural and natural resource and could be adversely impacted by the entrance of household pets. 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 36 CFR § 2.17 AIRCRAFT and AIR DELIVERY(c)(1) The removal of a downed aircraft, components, or parts thereof is subject to procedures established by the Superintendent through written authorization. 36 CFR § 2.20 - SKATING, SKATEBOARDS and SIMILAR DEVICESThe use of roller skates, skateboards, roller skis, coasting vehicles, or similar devices are allowed only in the following areas: 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 as noted, smoking restrictions apply to all cigarettes, pipes, smoking instruments, and electronic cigarettes
Determination: The inappropriate disposal of cigarette butts negatively impacts natural and cultural resources. The presence of burning smoking materials of any type represents a fire risk during periods of elevated fire danger. 36 CFR § 2.22 - PROPERTYProperty may not be left unattended for periods longer than 24 hours, except in the following areas and under the following conditions:
36 CFR § 2.35 - ALCOHOLIC BEVERAGES and CONTROLLED SUBSTANCES(a)(3)(i) The following areas are closed to the consumption of alcoholic beverages and/or the possession of a bottle, can, or other receptacle containing an alcoholic beverage that is open, or that has been opened, or whose seal is broken, or the contents of which have been partially removed:
36 CFR § 2.38 - EXLOSIVES(b)Fireworks and firecrackers may be possessed and/or used in the following areas, under the conditions noted: 36 CFR § 2.62 - MEMORIALIZATION(a)The placement of memorials within the monuments is prohibited. 36 CFR § 3.21 - SWIMMING and BATHING(a)(1) The following areas are closed to swimming and bathing: 36 CFR § 3.23 - SCUBA and SNORKELING(a)SCUBA diving and snorkeling is permitted in the following swimming, docking, and mooring areas under the terms and conditions noted: 36 CFR § 4.21 - SPEED LIMITS(b)The following speed limits are established for the routes/roads indicated: 36 CFR § 4.30 - BICYCLES(a) Park roads – The use of a bicycle is permitted on park roads and in parking areas that are otherwise open for motor vehicle use by the general public. 36 CFR § 4.31 - HITCHHIKINGHitchhiking is permitted in the following areas under the conditions noted: |
Last updated: April 20, 2023