A. Introduction
1. Superintendent’s Compendium Described
The Superintendent’s Compendium is the summary of park specific rules implemented under 36 Code of Federal Regulations (36 CFR). It serves as public notice, identifies areas closed for public use, provides a list of activities requiring either a special use permit or reservation, and elaborates on public use and resource protection regulations pertaining specifically to the administration of the park. The Superintendent’s Compendium does not repeat regulations found in 36 CFR and other United States Code and CFR Titles, which are enforced without further elaboration at the park level.
The regulations contained in 36 CFR, Parts 1-7, are the basic mechanism used by the National Park Service (NPS) to preserve and protect the natural and cultural resources of the park and to protect visitors and property within the park. Parts 1 through 6 are general regulations applicable to all areas of the National Park system, and Part 7 contains special regulations specific to individual parks. Each of these Parts has many sections and subsections articulating specific provisions. Within some of these Part 1-7 sections and subsections, the Superintendent is granted discretionary authority to develop local rules to be responsive to the needs of a specific park resource or activity, park plan, program, and/or special needs of the general public.
As an example, 36 CFR 1.5(a) Closures and Public Use Limits provides the Superintendent certain discretion in allowing or disallowing certain activities. The authority granted by the Section, however, requires the Superintendent to comply with the Administrative Procedures Act (6 USC Section 551), which requires public notice on actions with major impact on visitor use patterns, park resources or those that are highly controversial in nature.
Another example is 36 CFR 1.6 Permits, which allows the Superintendent to require a permit for certain uses and activities in the park. This Section, however, requires that a list of activities needing a permit (and a fee schedule for the various types of permits) be maintained by the park.
A final example is 36 CFR 2.1(c) (1) Preservation of Natural, Cultural and Archeological Resources, which provides the Superintendent the authority to designate certain fruits, nuts, berries or unoccupied seashells which may be gathered by hand for personal use or consumption. This activity can occur, however, only if a written determination shows that the allowed activity does not adversely affect park wildlife, the reproductive potential of a plant species, or otherwise adversely affect park resources.
This Compendium should be used in conjunction with Title 36 CFR, Parts 1-7, to more fully understand the regulations governing the use and enjoyment of all the areas of the national Park System.
A copy of Title 36, CFR, can be purchased from the U.S. Government Printing Office at:
Superintendent of Documents
P.O. Box 371954
Pittsburgh, PA 15250-7954
The CFR is also available on the Internet at: https://www.ecfr.gov/current/title-36
2. Laws and Policies Allowing the Superintendent to Develop This Compendium
The National Park Service (NPS) is granted broad statutory authority under 54 United States Code (U.S.C.) Section 100101 et. seq. (Organic Act of 1916, as amended) to "the Secretary, acting through the Director of the National Park Service, shall promote and regulate the use of the National Park System by means and measures that conform to the fundamental purpose of the System units, which purpose is to conserve the scenery, natural and historic objects, and wildlife in the System units and to provide for the enjoyment of the scenery, natural and historic objects, and wildlife in such manner and by such manner and by such means as will leave them unimpaired for the enjoyment of future generations." (54 U.S.C. Section 100101). In addition, the NPS Organic Act allows the NPS, through the Secretary of the Interior, to “prescribe such regulations as the Secretary considers necessary or proper for the use and management of System units.” (54 U.S.C. §100751a).
54 USC 100101(b) reaffirms the original intent of Congress in the establishment of the National Park Service by recognizing “…these areas, though distinct in character, are united through their interrelated purposes and resources into one National Park System as cumulative expressions of a single national heritage….”
54 USC 100101(2) reaffirms the high standard of protection defined in the original Organic Act by stating “Congress reaffirms, declares and directs that the promotion and regulation of the various System units shall be consistent with and founded in the purpose established by subsection (a) to the common benefit of all the people of the United States. “
54 U.S.C. § 100501 defines the National Park System as”…any area of land and water administered by the Secretary, acting through the Director, for park, monument, historic, parkway, recreational, or other purposes.”
In addition to the above statutory authority, the Superintendent is guided by established NPS policy as found in the NPS Management Policies (2006). The Superintendent is also guided by more specific policies promulgated by the Director, National Park Service, in the form of Director’s Orders. As stated in the Management Policies, the primary responsibility of the NPS is to protect and preserve our national natural and cultural resources while providing for the enjoyment of these resources by visitor and other users, as long as use does not impair specific park resources or overall visitor experience. The appropriateness of any particular visitor use or recreational experience is resource-based and will vary from park to park; therefore, a use or activity that is appropriate in one park area may not be appropriate in another. The Superintendent is directed to analyze overall park use and determine if any particular use is appropriate. Where conflict arises between use and resource protection, where the Superintendent has a reasonable basis to believe a resource is or would become impaired, then that Superintendent is obliged to place limitations on public use.
3. Consistency of This Compendium with Applicable Federal Law and Requirements
The Superintendent’s Compendium is not considered a significant rule requiring review by the Office of Management and Budget under Executive Order 12866. In addition, this Compendium will not have a significant economic effect on a number of small entities nor impose a significant cost on any local, state or tribal government or private organization, and therefore does not fall under the requirements of either the Regulatory Flexibility Act or the Unfunded Mandates Reform Act.
The actions and requirements described in this Compendium are found to be categorically excluded from further compliance with the procedural requirements of the National Environmental Policy Act (NEPA) in Department of the Interior (DOI) Guidelines 516 DM 6 and as such, an Environmental Assessment will not be prepared.
4. Development of the Requirements of the Superintendent’s Compendium
As outlined above, the NPS has broad authority and responsibility to determine what types of uses and activities are appropriate in any particular National Park System area. The requirements of the Superintendent’s Compendium are developed through an analysis and determination process. The decision criteria used during this process are:
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Is there use or activity consistent with the NPS Organic Act and NPS policy?
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Is the use or activity consistent and compatible with the park’s enabling legislation, management objectives, and corresponding management plans?
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Will the use or activity damage the park’s protected natural and cultural resources and other protected values?
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Will the use or activity disturb or be in conflict with wildlife, vegetation, and environmental protection actions and values?
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Will the use or activity conflict with or be incompatible with traditional park uses and activities?
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Will the use or activity compromise employee or public safety?
5. Applicability of the Compendium
The rules contained in this Compendium apply to all persons entering, using, visiting or otherwise present on Federally owned lands, including submerged lands, and waters administered by the NPS within the legislative boundaries of the park. This includes all waters subject to the jurisdiction of the United States, including all navigable waters.
6. Enforcement of Compendium Requirements
NPS Law Enforcement Park Rangers enforce the requirements of the United State Code, 36 CFR, and this Superintendent’s Compendium.
7. Penalties for Not Adhering to the Compendium Requirements
A person who violates any provision of the regulations found in 36 CFR, Parts 1-7, or provisions of this Compendium, is subject to a fine as provided by law (18 U.S.C. 3571) up to $5,000 for individuals and $10,000 for organizations, or by imprisonment not exceeding six months (18 U.S.C. 3559), or both, and shall be adjudged to pay all court costs associated with any court proceedings. You may receive a list of fines associated with any particular provision by contacting the Chief Ranger at the park address found below.
8. Comments on the Compendium
The Compendium is reviewed annually and revised as necessary. The park welcomes comments about its program and activities at any time.
9. Effective Date of the Superintendent Compendium
The Superintendent’s Compendium is effective on the approval date listed on the first page of this document and remains in effect until revised for a period up to one year.
10. Additional Information
Some of the terms used in this Compendium may have specific meaning defined in 36 CFR 1.4 Definitions.
11. Availability
Copies of the Compendium are available at: https://www.nps.gov/hamp/
B. Superintendent’s Compendium
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 Hampton National Historic Site. 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:
Visiting Hours:
The above visiting hours are based upon a determination that such hours are necessary for the maintenance of public health and safety, the protection of natural and cultural resources, and the implementation of management responsibilities.
CCTV Policy Statement
In accordance with National Park Service Law Enforcement Reference Manual 9 (RM-9), notice is hereby given that Hampton NHS 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.
Public Use Limits:
- Eating, drinking, chewing gum, and the use of smokeless tobacco products are prohibited in all buildings with the following exceptions:
- Established employee break rooms
- During activities under permit issued by the Superintendent.
- The Orangery
- To provide for public safety all persons and vehicles entering the park are subject to search for explosive or terrorist devices and illegal weapons.
The above public use limits are based upon a determination that such limits are necessary for the maintenance of public health and safety and the protection of natural and cultural resources.
Closures:
- All buildings within the park are closed to public use except for regularly scheduled and conducted NPS activities or as allowed by a permit.
- All trails are closed to motorized vehicles unless their operators have received appropriate authority from the Superintendent or his/her representative. This includes mopeds and e-bikes operating under power of a motor. Handicapped visitors are authorized to use motorized wheelchairs, and segways. For motor vehicles accessing this area, authorization from the Superintendent or their designee is required.
- Parking areas are closed to all busses other than those arriving loaded, with Hampton NHS as a destination for their occupants.
- Parking areas are closed to all vehicles whose passengers will leave the site grounds for more than one hour.
- Employee residences located at Hampton NHS are closed to public access.
- Maintenance facilities and areas are closed to public access.
- The buildings and grounds may be closed to entry by the general public carrying backpacks, daypacks, large handbags, packages, coolers, or other large containers. These items are subject to search and inspection for weapons or items hazardous to visitors or staff. These provisions address terrorist concerns following the attacks of September 11, 2001.
- The use of electronic nicotine delivery systems (vaping, E-cigs, etc) is prohibited anywhere smoking is prohibited within the park Buildings, within 25 ft of any doorway.
- Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of Hampton National Historic Site is prohibited except as approved in writing by the superintendent.
- The park is closed to the following activities:
- Racing
- Skating (including inline skating)
- Motorized scooters
- Skateboarding, including motorized skateboards and e-mono wheels.
- Climbing – earthworks, rocks, or trees
- Launching, landing or operating all unmanned aircraft
- Volleyball, badminton, soccer, lacrosse, and other net games
- Golf practice
- Horseshoes
- Lawn darts
- Winter Activities including sledding, skiing, snow boarding
- Organized games or team sports such as baseball, football, soccer, or variations of such games using Frisbees or similar devices
- Recreational type activities that involve leaving property behind or affixing items to park property for other visitors to discover. Ex- geocaches, letterboxing, munzee barcodes, etc. See also 36 CFR §2.22
- Other games or activities that damage park resources or present public safety hazards
- Competitive events are only permitted under a permit issued by the Superintendent in accordance with §2.50(a)
The above closures are based upon a determination that such closures are necessary for the maintenance of public health and safety, the protection of environmental values, the protection of natural and cultural resources, the implementation of management responsibilities, the equitable allocation and use of facilities and the avoidance of conflict among visitor use activities.
(a)(2) The following areas have been designated for a specific use or activity and/or the following conditions or restrictions are imposed on a specific use or activity:
- Picnicking is only allowed in the designated Picnic Areas as designated on the attached map. See also 36 CFR § 2.11.
- Motor vehicles must shut down their engines when not underway. This condition is adopted from Maryland State Vehicle Code § 21-1101 -- Unattended motor vehicle.
Filming Activities
1. The following types of filming activities may occur in areas open to the public without a permit and without advance notice to the NPS:
- Outdoor filming activities involving five persons or fewer and equipment that will be carried at all times, except for small tripods used to hold cameras. Props and other types of “set” equipment are not permitted.
2. 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:
- maintain public health and safety;
- protect environmental or scenic values;
- protect natural or cultural resources;
- allow for equitable allocation and use of facilities; or
- avoid conflict among visitor use activities.
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.
The NPS will consider requests and process filming permit applications in a timely manner. Processing times will vary depending on the complexity of the proposed activity. If the organizer provides the required 10-day advance notice to the NPS and has not received a written response from the NPS that a permit is required prior to the first day of production, the proposed filming activities may occur without a permit.
The following are prohibited:
(1) Engaging in a filming activity without providing advance notice to the Superintendent when required.
(2) Engaging in a filming activity without a permit if the Superintendent has notified the organizer in writing that a permit is required.
(3) Violating a term and condition of a permit issued under this action.
Violating a term or condition of a permit issued under to this action may also result in the suspension and revocation of the permit by the Superintendent.
The above designations are based upon a determination that such conditions are necessary for the maintenance of public health and safety, protection of environmental values, protection of natural or cultural resources and the equitable allocation and use of facilities.
Mask Wearing Requirements
Consistent with CDC guidance, masks are not required but you may choose to wear one. People with symptoms, a positive test, or exposure to someone with COVID-19 should wear a mask.
(a)(3) The following restrictions, limits, closures, designations, conditions, or visiting hour restrictions imposed under §§(a)(1) or (2) have been terminated:
Public use hours have changed to increase the amount time visitors have access to the park.
36 CFR §1.6 – ACTIVITIES THAT REQUIRE A PERMIT
Activities requiring a permit are listed above under Public Use Limits and throughout this document under the specific 36 CFR Section that authorizes or requires the issuance of a permit.
Special events may be permitted provided there is a meaningful association between the park area and events, the observance contributes to visitor understanding of the significance of the park area and a permit has been issued by the superintendent. A special use permit may be permitted only if the activity has been judged by the superintendent not to cause any derogation of the values and purposes for which the park was established, unless directly and specifically authorized by Federal Law.
Special Recreation Permit Fee (Such as but not limited to, group activities, recreation events, and the use of motorized recreation vehicles):
- Special Use Permit Application Fee - $100
- Land use for parades, rallies, ceremonies, celebrations, and pageants. Initial or renewal requests to conduct an activity will be denied if the superintendent determines that the activity will be in derogation of the values and purposes for which the park was established or will be inconsistent with the park’s enabling legislation.
- All proposals for special events will be evaluated for:
1. Consistency with applicable laws, executive orders, regulations and policies.
2. Consistency with the existing plans for public use and resource management.
3. Actual and potential effects on park resources and values.
4. Total costs to the Service.
5. Whether there is a meaningful association between the park area and the events.
6. Whether the public interest will be served.
7. When considering requests to hold special events such as but not limited to parades, meetings, entertainments, exhibitions, fairs, festivals, lectures, conferences, etc. The superintendent will be guided by 36 CFR parts 1 and 2, Directors Order #53 and the Management Policies for the NPS issued August 2006.
- Further the superintendent will consider the following factors before approving a special event:
- The effect of the proposed event on resources, operations and mission of the park.
- Park visitation at the time of the proposed event.
- The location requested
- Public safety considerations
- The time of year requested.
- The duration of the proposed event.
- The size (number of participants and/or observers) of the proposed event and associated equipment.
- Other, previously approved events
The primary concern of the superintendent is the impact of the proposed event on the cultural and natural resources and the impact on normal visitor operations and visitor experience. It may be possible to accommodate events at certain locations only before or after the public hours of the building. It may also be necessary to limit the size and/or duration of the proposed event in order to not interfere with public use or threaten park resources.
Past approval of similar special events by the park will not have a bearing on the approval process. Each request received must be evaluated individually for impacts to park resources and values and compliance with current statutes, regulations and policies.
(b) Entering designated entrance fee areas or using specialized sites, facilities, equipment or services, or participating in group activities, recreation events, or other specialized recreation uses for which recreation fees have been established without paying the required fees and possessing the applicable permit is prohibited. Violation of the terms and conditions of a permit issued in accordance with part 71 is prohibited and may result in suspension or revocation of the permit.
(c) The superintendent may, when in the public, interest, prescribe periods during which the collection of recreation fees shall be suspended.
Permit applications for Hampton NHS are processed at Fort McHenry NM&HS. Applications for Special Use permits can be obtained by emailing the Permit Office at: FOMC_permits@nps.gov
Or by contacting the park at
Fort McHenry NM&HS
c/o: Permit Office
2400 East Fort Avenue
Baltimore, MD 21230
410-962-4290x250
36 CFR §2.1 – PRESERVATION OF NATURAL, CULTURAL AND ARCHEOLOGICAL RESOURCES
(a)(4) Using or possessing wood gathered from within the park area is prohibited.
(a)(5) Walking on, climbing, entering, ascending, descending, or traversing an archeological or cultural resource, monument, or statue is prohibited, except in the following areas and/or under the following conditions:
- Only permitted under a permit issued by the Superintendent
(a)(7) Possessing or using a mineral or metal detector, magnetometer, side scan sonar, other metal detecting device, or sub bottom profiler is prohibited.
(b) Leaving a trail or walkway to shortcut between portions of the same trail or walkway, or to shortcut to an adjacent trail or walkway in violation of designated restrictions is prohibited.
Under (a), collecting natural materials from the park is generally prohibited. However, pursuant to (c), the following fruits, nuts or berries 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:
- Walnuts, dandelion greens, and ginko fruit may be gathered by hand from the ground for personal consumption. One peck per person per day may be gathered. Leaves and pinecones may be collected from the ground for educational purposes.
- Tree climbing is prohibited.
36 CFR §2.2 - WILDLIFE PROTECTION
(a) The following are prohibited:
(1) The taking of wildlife is prohibited.
(2) The feeding, touching, teasing frightening or intentional disturbing of wildlife nesting, breeding or other activities.
(b) Hunting and trapping is prohibited.
(c) Hunting restrictions are to be coordinated with appropriate State agency.
(d) Transporting wildlife through the park is prohibited.
(e) Use of an artificial light for purposes of viewing wildlife is prohibited.
36 CFR §2.3 – FISHING
(a) Fishing is not allowed within the boundaries of the park.
36 CFR §2.4 – WEAPONS, TRAPS, AND NETS
Pursuant to 18 USC § 930, firearms are prohibited in federal facilities. Federal facilities are marked with signs at public entrances.
Pursuant to 54 USC 104906, park visitors may carry firearms in the Park if they are otherwise in compliance with federal, state, and local laws.
Traps and nets are prohibited except as permitted by the Superintendent or his/her designee.
CFR §2.5 – RESEARCH SPECIMENS
Taking plants, fish, wildlife, rocks or minerals is prohibited except in accordance with 36 CFR chapter 1 or the terms and conditions of a specimen collection permit pursuant to § 2.5(a).
36 CFR §2.10 – CAMPING and FOOD STORAGE
(a) Camping is not allowed within the boundaries of the park.
36 CFR §2.11 – PICNICKING
As listed in 36 CFR § 1.5 of this document, picnicking is only allowed in the designated Picnic Areas (see attached map).
36 CFR §2.12 – AUDIO DISTURBANCES
Under § 2.12 (a) the following are prohibited:
(1) Operating motorized equipment, machinery, audio device, or musical instrument in a manner that makes unreasonable noise.
(2) Operating a power saw in developed areas is prohibited, except pursuant to the terms and conditions of a permit.
(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.
(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 prohibited, except when authorized by the Superintendent.
(a)(2) The use of stoves or lanterns is prohibited, except when authorized by the Superintendent.
36 CFR §2.14 – SANITATION and REFUSE
(a)(2) Using park refuse receptacles or facilities for dumping household, commercial or industrial refuse is prohibited.
(b) Conditions for the disposal, containerization, or carryout of human body waste have been established as follows:
- All waste must be disposed of in designated human waste facilities.
36 CFR §2.15 – PETS
(a)(1) Possessing pets in public buildings, public transportation vehicles, swimming beaches, and the following structures and/or areas is prohibited:
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Pets are not permitted in the cemetery or the fenced yard of the lower house. Pets may be walked in other parts of the park while kept on a leash that does not exceed six feet in length. Pets are not allowed on or in the historic structures, including but not limited to porches, steps or green houses.
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This restriction does not apply to service animals. The NPS will use the same definition of service animal currently found in DOJ regulations 28 CFR 36.104 and will not rely on 36 CFR 2.15. Service animals will be allowed wherever visitors or employees are allowed when accompanying a person with a disability.
(a)(3) Leaving a pet unattended and tied to an object is prohibited.
(a)(5) Pet excrement must be disposed of in accordance with the following conditions:
- Owners/handlers shall collect and place pet excrement in an appropriate exterior refuse container.
(b) The use of dogs in support of hunting is prohibited.
(e) Pets may be kept by park residents under the following conditions
- Pets may be kept by residents of government quarters in accordance with park pet policy.
36 CFR §2.16 – HORSES and PACK ANIMALS
(b) The use of horses or pack animals is prohibited except with written permission from the Superintendent. No trails, routes, or areas are designated for their use.
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 §2.18 – SNOWMOBILES
(c) The use of snowmobiles is prohibited.
36 CFR §2.19 – WINTER ACTIVITIES
(a) Skiing, snowshoeing, ice skating, sledding, inner-tubing, tobogganing, and similar winter sports are prohibited in the park.
(b) The towing of persons on skis, sleds, or other similar devices by motor vehicle or snowmobile is prohibited.
36 CFR §2.20 – SKATING, SKATEBOARDS and SIMILAR DEVICES
Using roller skates, skateboards, roller skis, coasting vehicles, or similar devices is prohibited. Limitations are necessary for visitor safety along roadways and to avoid conflicts with other park users.
36 CFR §2.21 – SMOKING
(a) The superintendent may designate a portion of a park area, or all or a portion of a building, structure or facility as closed to smoking when necessary to protect park resources, reduce the risk of fire, or prevent conflicts among visitor use activities. Smoking in an area or location so designated is prohibited.
In accordance with Executive Order #13058, the smoking of tobacco products and the use of ENDS (Electronic Nicotine Delivery Systems) is prohibited within all interior spaces owned, rented, or leased by the federal government, including visitors and visitor contact stations, and in any outdoor areas within 25 feet of air intake ducts (including doors, windows, etc.). In addition, the following portions of the park are closed to smoking as noted:
- Smoking and ENDS use is prohibited while attending interpretive programs.
- Smoking and ENDS use is prohibited at fuel and flammable storage areas.
Certain areas are restricted to protect public health and structures from fire danger or smoke. This prohibition reduces the risk of fire or prevents conflicts among visitor use activities and is consistent with federal law. Additionally, if ingested, discarded cigarette butts can be hazardous to aquatic creatures and wildlife.
36 CFR §2.22 – PROPERTY
(a) The following are prohibited:
(1) Abandoning property.
(2) Leaving property unattended for longer than 24 hours, except in locations where longer time periods have been designated or in accordance with conditions established by the superintendent.
(b) Impoundment of property.
(1) Property determined to be left unattended in excess of an allowed period of time may be impounded by the superintendent.
(2) Unattended property that interferes with visitor safety, orderly management of the park area, or presents a threat to park resources may be impounded by the superintendent at any time.
(3) Found or impounded property shall be inventoried to determine ownership and safeguard personal property.
(4) The owner of record is responsible and liable for charges to the person who has removed, stored, or otherwise disposed of property impounded pursuant to this section; or the superintendent may assess the owner reasonable fees for the impoundment and storage of property impounded pursuant to this section.
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:
There are no recreation fees for Hampton NHS.
Daily Site Use Fee Areas:
Hampton NHS has no daily use fees apart from those which fall under the Special Use Permit
Special Recreation Permit Fee (Such as but not limited to, group activities, recreation events, and the use of motorized recreation vehicles):
- Special Use Permit Application Fee - $100.00
- Land use for parades, rallies, ceremonies, celebrations, pageants
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 areas of Hampton National Historic Site, are closed to the consumption of alcoholic beverages or the possession of an open container of an alcoholic beverage with the following exceptions:
- Picnic Areas
- Park residences and curtilage
- During activities conducted under a permit from the Superintendent
This closure is implemented following the determination that the consumption and possession of alcohol within Hampton National Historic Site would be inappropriate considering other uses of the location and the purpose for which the park is maintained and was established.
36 CFR §2.37 – NONCOMMERCIAL SOLICITING
Soliciting or demanding gifts, money, goods or services is prohibited except pursuant to the terms 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 therefore has been issued by the superintendent.
- The National Park Service will charge fees and recover costs for special use permits unless prohibited by law or Executive order, or when the proposed use is protected by the First Amendment or involves another right and not a privilege. Charges will reflect the fair market value of the use requested. Hampton NHS will retain funds recovered for the cost of managing a special park use. A permittee, while on park property, may not collect admission or any other money associated with a special event. All permittee monetary transactions must take place outside the park.
36 CFR §2.51 – DEMONSTRATIONS
(b) Demonstrations of 25 people or less are allowed within the park areas designated as available under (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:
- The West Field and north of the Mansion as designated on the attached map. These areas are in prominent view of the visiting public and will not interfere with public access to the park.
36 CFR §2.52 – SALE OF DISTRIBUTION OF PRINTED MATTER
(a) Printed Matter. The term “printed matter” means message-bearing textual printed material such as books, pamphlets, magazines, and leaflets, provided that is not solely commercial advertising.
(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) . 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.
• These activities are also allowed in the West Field and north of the Mansion as designated on the attached map.
(c) Application for permit. (See full 36 CFR §2.51(c) for permit requirements).
(2) The date, time, duration, nature, and place of the proposed event.
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) The scattering of human ashes from cremation is prohibited at Hampton NHS, except pursuant to the terms and conditions of a permit issued by the superintendent.
36 CFR §4.2 – STATE LAW APPLICABLE
(a) Unless specifically addressed by regulations in this chapter, traffic and the use of vehicles within a park area are governed by State law. State law that is now or may later be in effect is adopted and made a part of the regulations in this part.
(b) Violating a provision of State law is prohibited.
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, apply to the roads indicated under the terms and conditions, and/or under permit as noted:
• N/A
36 CFR §4.12 — TRAFFIC CONTROL DEVICES
Failure to comply with the directions of a traffic control device prohibited unless otherwise directed by the superintendent.
36 CFR §4.13 — OBSTRUCTING TRAFFIC
(a) Stopping or parking a vehicle upon a park road, except as authorized by the superintendent, or in the event of an accident or other condition beyond the control of the operator.
(b) Operating a vehicle so slowly as to interfere with the normal flow of traffic.
36 CFR §4.20 — RIGHT OF WAY
An operator of a motor vehicle shall yield the right of way to pedestrians, saddle and pack animals and vehicles drawn by animals. Failure to yield the right of way is prohibited.
36 CFR §4.21 – SPEED LIMITS
(b) The following speed limits are established for the routes/roads indicated:
• The speed limit in the park is 15 mph.
36 CFR §4.22 — UNSAFE OPERATION
(a) The elements of this section constitute offenses that are less serious than reckless driving. The offense of reckless driving is defined by State law and violations are prosecuted pursuant to the provisions of section 4.2 of this chapter.
(b) The following are prohibited:
(1) Operating a motor vehicle without due care or at a speed greater than that which is reasonable and prudent considering wildlife, traffic, weather, road and light conditions and road character.
(2) Operating a motor vehicle in a manner which unnecessarily causes its tires to squeal, skid or break free of the road surface.
(3) Failing to maintain that degree of control of a motor vehicle necessary to avoid danger to persons, property or wildlife.
(4) Operating a motor vehicle while allowing a person to ride:
(i) On or within any vehicle, trailer or other mode of conveyance towed behind the motor vehicle unless specifically designed for carrying passengers while being towed; or
(ii) On any exterior portion of the motor vehicle not designed or intended for the use of a passenger. This restriction does not apply to a person seated on the floor of a truck bed equipped with sides, unless prohibited by State law.
36 CFR §4.30 – BICYCLES
(a) The use of a bicycle/e-bike is permitted on park roads and in parking areas that are otherwise open for motor vehicle use by the general public. These roads include:
(b) Bicycle/e-bike use is permitted on the following administrative roads:
- Stable Lane
- Heart Shaped Drive
- Historic Entrance Road
- Cemetery Road
(d)(3) Riding a bicycle/e-bike abreast of another rider is not allowed in the park.
(i) Electric Bicycles
(1) The use of an electric bicycle may be allowed on park roads, parking areas, and administrative roads and trails that are otherwise open to bicycles. The Superintendent will designate the areas open to electric bicycles, or specific classes of electric bicycles, and notify the public pursuant to 36 CFR 1.7.
E-Bike use is permitted on the following administrative roads:
- Stable Lane
- Heart Shaped Drive
- Historic Entrance Road
- Cemetery Road
(3) Except where use of motor vehicles by the public is allowed, using the electric motor exclusively to move an electric bicycle for an extended period of time without pedaling is prohibited.
(5) A person operating or possessing an electric bicycle is subject to the following sections of this part that apply to bicycles: §§ 4.12, 4.13, 4.20, 4.21, 4.22, 4.23, and 4.30(h)(3)-(5).
(6) Except as specified in this chapter, the use of an electric bicycle is governed by State law, which is adopted and made a part of this section. Any act in violation of State law adopted by this paragraph is prohibited.
(7) Superintendents may limit or restrict or impose conditions on electric bicycle use, or may close any park road, parking area, administrative road, trail, or portion thereof to such electric bicycle use, or terminate such condition, closure, limit or restriction after:
(i) Taking into consideration public health and safety, natural and cultural resource protection, and other management activities and objectives; and
(ii) Notifying the public through one or more methods listed in 36 CFR 1.7, including in the superintendent's compendium (or written compilation) of discretionary actions referred to in 36 CFR 1.7(b).
36 CFR §4.31 – HITCHHIKING
Hitchhiking or soliciting transportation is prohibited.
36 CFR §5.1 - ADVERTISEMENTS
Commercial notices or advertisements shall not be displayed, posted, or distributed on federally owned or controlled lands within a park area unless prior written permission has been given by the Superintendent.
36 CFR §5.3 – BUSINESS OPERATIONS
Engaging in or soliciting any business in park areas requires a permit, contract or other written agreement with the United States, or must be specifically authorized under special regulations.
36 CFR §5.5 - PHOTOGRAPHY/FILMING
(a) Commercial filming and still photography activities are subject to the provisions of 43 CFR part 5, subpart A. Failure to comply with any provision of 43 CFR part 5 is a violation of this section.
(b) Audio recording does not require a permit unless:
(1) It takes place at location(s) where or when members of the public are generally not allowed;
(2) It uses equipment that requires mechanical transport;
(3) It uses equipment that requires an external power source other than a battery pack; or
(4) The agency would incur additional administrative costs to provide management and oversight of the permitted activity to:
(i) Avoid unacceptable impacts and impairment to resources or values; or
(ii) Minimize health or safety risks to the visiting public.
(c) Cost recovery charges associated with processing the permit request and monitoring the permitted activity will be collected.
(d) The location fee schedule for still photography conducted under a permit issued under 43 CFR part 5 applies to audio recording permits issued under this part.
(e) Information collection. The Office of Management and Budget (OMB) has approved the information collection requirements associated with National Park Service commercial filming permits and assigned OMB Control Number 1024-0026. Your response is required to obtain or retain a benefit. We may not collect or sponsor and you are not required to respond to an information collection unless it displays a currently valid OMB control number. You may send comments on this information collection requirement to the Information Collection Clearance Officer, National Park Service, 1849 C Street, Washington, DC 20240.
36 CFR §5.6 - COMMERCIAL VEHICLES
(b) & (c) Using commercial vehicles on government roads within park areas when such use is in no way connected with the operation of the park is generally prohibited, and requires permission or a permit issued by the Superintendent.
36 CFR §5.7 – CONSTRUCTION OF BUILDINGS OR OTHER FACILITIES
Such activities, including tents, canopies, and other ground penetration, are prohibited, except in accordance with the provisions of a valid permit, contract, or other written agreement with the United States.
