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 Fredericksburg & Spotsylvania National Military Park. 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 identified by italicized print.
36 CFR §1.5 – VISITING HOURS, PUBLIC USE LIMITS, CLOSURES, AND AREA DESIGNATIONS FOR SPECIFIC USE OR ACTIVITIES
(a)(1) The following visiting hours, public use limits, and closures are established:
Stonewall Jackson Death Site:
Old Salem Church:
After hours use, nighttime activity and overnight parking create a number of impacts that would be inconsistent with the protection of park resources. No legitimate study, education, or information from an historical context can be obtained after dark from any of the battlefield areas.
1. North Lee Drive
1. New Jersey 15th monument
1. Chatham Lane (outside entrance gate)
1. Hill-Ewell Drive
1. Hancock Road
After hours use, nighttime activity and overnight parking create a number of impacts that would be inconsistent with the protection of park resources. No legitimate study, education, or information from an historical context can be obtained after dark from any of the battlefield areas. These area roads are open for pass-through vehicular traffic only.
Public Use Limits:
Pursuant to §1.5(d) to implement a public use limit, the Superintendent may establish a permit, registration, or reservations system.
The park seeks to provide visitors with the opportunity to envision the historic scene in an atmosphere of quiet contemplation. Professional photography, in sensitive commemorative areas, has become so popular that permits have become necessary to manage this activity.
The following park roads are closed to visitor vehicular traffic at all times.
These roads are closed except for administrative purposes and in the case of the Cemetery Road access is provided for those associated with the cemetery. These roads serve no public vehicular access purpose and vehicle use would detract from the historic scene.
Fenced in areas are administrative areas and are enclosed for security reasons. The security and accountability of government property can best be protected by limiting access to these areas.
The areas designated for this purpose listed under 36 CFR §2.11 provide a reasonable accommodation for those touring the park. Outside of these approved areas, it would be inconsistent with the preservation and protection of resource values at hallowed battleground sites. Ample opportunities exist outside the park for this activity.
The park and National Cemetery are closed to public use involving sports and other non-passive recreation. These regulated activities include, but are not limited to, organized sports and related activities, kite flying, ball playing, frisbee throwing, model airplane flying, and the use of motorized and non-motorized vehicles outside of designated areas. Launching, landing, or operation of unmanned aircraft is prohibited. See also 36 CFR § 2.20 which prohibits the use of roller skates, skateboards, roller skis, coasting vehicles, and other similar devices.
Ample locations exist outside the park for these activities. These types of activities are inconsistent with the preservation and protection of resource values and are inconsistent with the park’s purposes and values.
Public safety is compromised on narrow park roads when vehicles pull off along road shoulders. Visitors are required to use parking lots and pull outs when parking, touring and accessing exhibit areas and trail heads. The use of non-designated areas creates resource impacts along roadsides.
The Sunken Road has been restored so that visitors can better understand and appreciate the 1862 historic scene. It is one of the premier attractions in Fredericksburg Battlefield. Its proximity to the visitor center creates a large volume of foot traffic. Multiple uses and group activities in this area are incompatible and present a safety concern.
The park is closed between sunset and sunrise. There are no designated campgrounds in the park. Infrastructure does not support campgrounds. Living history groups camp in the park during interpretive events and events supporting the administration of the park to further the park mission.
It is hazardous to swim or bath in open waters throughout the park.
The entire park consists of sacred battleground and therefore contains historically significant resources. Methods of stashing items such as digging, burying, covering and otherwise concealing items are sometimes used while geocaching, and are inappropriate within these areas. Abandoning and leaving property unattended is illegal. The activity in itself will appear suspicious to bystanders and staff alike who might misinterpret what the individual is doing. This type of recreational activity is inconsistent with the preservation and protection of resource values and inconsistent with the park’s purposes and values.
The NPS has concluded that this interim policy on allowing the use of Segways and similar devices by individuals with mobility disabilities is compelled by the Rehabilitation Act of 1973 and the Department of the Interior’s (DOI) regulations at 43 CFR Part 17, Subpart E. It has been determined that such devices would be appropriate for all park areas currently open to motorized wheelchair use. This interim policy is in effect until a service-wide policy is enacted.
Violating the terms or conditions of a permit issued pursuant to this section is prohibited. The Chief Ranger’s office should be contacted for permit information. Please call (540) 693-3200 x3100 or x3010.
36 CFR §1.6 – ACTIVITIES THAT REQUIRE A PERMIT
Activities requiring a permit are listed throughout this document under the specific 36 CFR Section that authorizes or requires the issuance of a permit.
The Chief Ranger’s office should be contacted for permit information. Please call (540) 693-3200 x3100 or x3010.
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 earthworks/archeological resources may be walked on utilizing an established trail designated or undesignated, for the purpose of viewing the battlefield or utilizing trails within the park:
(c)(1), (c) (2) The following fruits, nuts, berries or unoccupied seashells may be gatheredby hand for personal use or consumption, in accordance with the noted size, quantity, collection sites and/or use or consumption restrictions:
It has been determined that these quantities for personal use have had no detrimental affect on the plant population.
36 CFR §2.2 - WILDLIFE PROTECTION
(d) The transporting of lawfully taken wildlife through the park is permitted under the following conditions and procedures:
(e) The following areas are closed to the viewing of wildlife with the use of an artificial light:
36 CFR §2.4 – WEAPONS, TRAPS AND NETS
Pursuant to 18 U.S.C. § 930, firearms are prohibited in federal facilities. Federal facilities are defined as “buildings or parts thereof owned or leased by the federal government, where federal employees are regularly present for the purpose of performing their official duties.”
Pursuant to 16 U.S.C. §§ 1a – 7b, park visitors may carry firearms in National parks if they are in compliance with federal, state, and local laws.
36 CFR §2.5 – RESEARCH SPECIMENS
(a) Taking plants, fish, wildlife, rocks or minerals is prohibited except in accordance with other regulations of Chapter I of 36 CFR or pursuant to the terms and conditions of a specimen collection permit.
36 CFR §2.11 – PICNICKING
A permit is required for groups larger than 10 people. (see 36 CFR § 1.6) Containerized fuel stoves are only allowed in formally established picnic areas (indicated above with an asterisk) where park provided picnic tables exist.
36 CFR §2.12 – AUDIO DISTURBANCES
(a)(2) Operating a power saw in developed areas is prohibited, except pursuant to the terms and conditions of a permit.
(a)(3) Operating any type of portable motor or engine, or device powered by a portable motor or engine in non-developed areas is prohibited, except pursuant to the terms and conditions of a permit.
(a)(4) Operating a public address system is prohibited, except in connection with a public gathering or special event for which a permit has been issued pursuant to §2.50 or §2.51.
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:
36 CFR §2.15 – PETS
(a)(1) The following structures and/or areas are closed to the possession of pets:
(a)(5) Pet excrement must be disposed of in accordance with the following conditions:
(e) Pets may be kept by park residents under the following conditions:
36 CFR §2.16 – HORSES and PACK ANIMALS
(a) The following animals are designated as pack animals for purposes oftransporting equipment:
(b) The use of horses or pack animals is allowed on the following trails, routes or areas:
(c) Other conditions concerning the use of horses or pack animals:
36 CFR §2.17 – AIRCRAFT AND AIR DELIVERY
(a)(3) Delivering or retrieving a person or object by parachute, helicopter, or otherairborne means is prohibited, except in emergencies involving public safety or serious property loss or pursuant to the terms and conditions of a permit.
(c)(1) The removal of a downed aircraft, components, or parts thereof is subject to procedures established by the Superintendent.
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 which includes the use of ENDS (Electronic Nicotine Delivery System) as noted:
These park areas are closed to smoking and ENDS use to protect park resources, reduce the risk of fire, and to prevent conflicts among visitor use activities.
36 CFR §2.35 –ALCOHOLIC BEVERAGES and CONTROLLED SUBSTANCES
(a)(3)(i) The following public use areas, portions of public use areas, and/or publicfacilities 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 hasbeen opened, or whose seal has been broken or the contents of which have been partially removed:
This type of activity is inconsistent with the preservation and protection of resource values and is inconsistent with the park’s purposes. Generally, the park is a drive through touring park to observe and learn about the civil war battles which took place here. The consumption of alcohol and possession of open containers of an alcoholic beverage is an incompatible activity for this type of visitation. Ample locations exist outside the park for the consumption of alcohol.
36 CFR §2.37 – NONCOMMERCIAL SOLICITING
Soliciting or demanding gifts, money, goods or services is prohibited except pursuant to theterms and conditions or a permit that has been issued under §2.50, §2.51, or §2.52.
36 CFR §2.38 – EXPLOSIVES
(a) Using, possessing, storing, or transporting explosives, blasting agents or explosive materials is prohibited, except pursuant to the terms and conditions of a permit.
(b) Using, or possessing fireworks and firecrackers is prohibited, except pursuant to the terms and conditions of a permit.
36 CFR §2.50 – SPECIAL EVENTS
(a) Sports events, pageants, regattas, public spectator attractions, entertainments, ceremonies, and similar events are allowed, provided there is a meaningful association between the park area and the events, and the observance contributes to visitor understanding of the significance of the park area, and a permit therefor has been issued by the superintendent.
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:
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.
36 CFR §2.61 – RESIDING ON FEDERAL LANDS
(a) Residing in park areas, other than on privately owned lands, is prohibited except pursuant to the terms and conditions of a permit lease or contract.
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:
36 CFR §4.21 – SPEED LIMITS
36 CFR §4.30 – BICYCLES
(a) Park roads and parking areas that are closed to bicycle use are listed in 36 CFR § 1.5 of this document.
The following additional routes, in developed areas or special use zones, have been designated for bicycle use:
Such use is consistent with the protection of the park area’s natural, scenic and aesthetic values, safety considerations and management objectives and will not disturb wildlife or park resources. This trail location used to be an open road now closed to motor vehicular use.
In accordance with National Park Service Law Enforcement Reference Manual 9 (RM-9), notice is hereby given that Fredericksburg and Spotsylvania National Military Park 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.
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.
Last updated: December 7, 2018