The regulations and delegated authority that apply to all national parks can be found in Title 36, Code of Federal Regulations (“36 CFR”), Chapter 1, Parts 1-7, which are authorized by Title 16 of the United States Code, Section 3. The following regulatory provisions are established for the proper management, protection, and for the government and public use of those portions of Kennesaw Mountain National Battlefield Park under the jurisdiction of the National Park Service. 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 under the heading JUSTIFICATIONS.
A complete listing of National Park Service specific regulations is available in 36 Code of Federal regulations and Title 54 of the United States Code.
Visiting Hours, Public Use Limits, Closures, & Area Designations For Specific Use Or Activities
(a)(1) The following visiting hours, public use limits, closures, and area designations are established as follows:
The park is open to public use during daylight hours only. Daylight hours are defined as one-half hour after sunrise to one-half hour after sunset. The park will be closed on Thanksgiving, Christmas, and New Year days. Park facilities close as follows:
Visitor Center parking lot: opens at 6:30 a.m.; closes at 6:30 p.m. during standard time and at 8:30 p.m. during daylight savings time. The Visitor Center parking lot may be closed at other times for special events and/or emergencies.
Visitor Center: opens at 9:00 a.m.; closes at 5:00 p.m. daily. Restrooms open at 7:30 a.m. daily and close at 6:00 p.m. daily during standard time. Restrooms close at 8:00 p.m. daily during daylight savings time.
Mountain Road: opens at 8:30 a.m. Monday through Friday; closes at 5:30 p.m. during standard time and at 7:30 p.m. during daylight savings time. The Mountain Road may be closed at any time due to weather conditions, maintenance requirements, special events, or emergencies.
Cheatham Hill Drive: opens at 8:00 a.m.; closes at 5:30 p.m. during standard time and at 8:00 p.m. during daylight savings time. Cheatham Hill Drive may be closed at any time due to weather conditions, maintenance requirements, special events, or emergencies.
The Mountain Road is closed to private vehicles, including bicycles, on weekends and holidays for the operation of a public shuttle bus.
The area within 50 feet of the black powder storage magazine is closed to the general public.
The rock quarry is closed to all public use including rock climbing.
Unless specifically authorized, the following activities are prohibited:
Leaving a trail to shortcut between portions of the same trail or to shortcut to an adjacent trail is prohibited.
Food, beverages, pets, and firearms are not permitted in the Visitor Center.
Shirts and shoes must be worn at all times while in any government building in the park.
Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of the Kennesaw Mountain National Battlefield Park is prohibited except as approved in writing by the Superintendent.
Definition: 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.
(a)(2) The following areas have been designated for a specific use or activity, under the conditions and/or restrictions as noted:
Parking Areas: Parking areas are reserved for persons using the park facilities and services only. Leaving a vehicle in a parking area while traveling outside the park is prohibited. Organized social gatherings or sports activities conducted within parking areas are prohibited.
The dirt parking lot on Cheatham Hill Road near its intersection with Powder Springs Road is designated for horse trailers and associated vehicles only. All other vehicles are prohibited. Other locations for horse trailer parking may be designated by the Superintendent during special events. All manure, hay, wood shavings, and feed associated with horses and trailers should be removed by the visitor from the parking area upon departure.
Picnics: Picnics are restricted to designated picnic areas and activity fields only.
Recreational Activities: Recreational activities such as sunbathing, kite flying, picnicking, ball playing, and other similar activities not otherwise prohibited are allowed only in designated recreational activity areas. These recreational activity areas are designated as Activity Areas One, Two, and Three and are designated on the park’s brochure map. The small field in front of the Superintendent’s office and Administration Building is not designated a recreational area, but the park does allow picnicking, ball playing, etc.
E-Bikes: The term “e-bike” means a two- or three-wheeled cycle with fully operable pedalsand an electric motor of less than 750 watts (1 h.p.).E-bikes are allowed in Kennesaw Mountain National Battlefield where traditional bicycles are allowed.E-bikes are prohibited where traditional bicycles are prohibited. Except where use ofmotor vehicles by the public is allowed, using the electric motor to move an e-bikewithout pedaling is prohibited.
A person operating an e-bike is subject to the following sections of 36 CFR part 4 that apply to the use of traditional bicycles: sections 4.12, 4.13, 4.20, 4.21, 4.22, 4.23, and 4.30(h)(2)-(5).
Except as specified in this Compendium, the use of an e-bike within Kennesaw Mountain National Battlefield is governed by State law, which is adopted and made a part of this Compendium. Any violation of State law adopted by this paragraph is prohibited.
Masks & Physical Distancing: All individuals over the age of two who are not yet fully vaccinated must wearmasks, except when actively eating or drinking, in the following locations
All common areas and shared workspaces in buildings owned, rented or leased by the National Park Service, including, but not limited to, park visitor centers, administrative offices, lodges, gift shops and restaurants.
The following outdoor areas, when others are present, where the superintendent has determined that physical distancing (staying at least six feet apart) cannot reasonably be maintained:
[e.g., outdoor areas adjacent to visitor centers]
[e.g., parking lots and common areas in campgrounds]
[e.g., crowded trails, viewpoints, and other areas of interest]
[e.g., covered structures that attract crowds such a memorials and open-airpavilions]
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.
Regardless of vaccination status, all individuals must comply with all ordersregarding masks issued by the Centers for Disease Control and Prevention.CDC prevention measures continue to apply to all travelers on public transit,regardless of vaccination status. Masks remain required on all forms of publictransit that operate within parks, including busses, trains, and boats/ferries, andin transportation hubs.Park staff should not ask visitors whether or not they have been vaccinated.Absent evidence to the contrary, park staff should operate as though non-maskedvisitors are fully vaccinated
In addition to any applicable State licenses or permits, a permit from the Superintendent is required for certain visitor use activities. Permit applications for these activities will be reviewed by the park Superintendent with consideration given to the appropriateness of the activity relative to the purpose for which the park was established, and whether the activity would negatively impact park resources and values.
Permit applications are available at park headquarters during normal business hours. A non-refundable application fee of $190 is required for all Special Use Permits and covers the cost of mailing, duplication, and processing of applications, whether the permit is approved or not. Other fees which may be charged for approved Special Use Permits include an administrative fee, “fair market value” fees for general park use or facility used, and all costs incurred by the park associated with the supervision and management of the event.
The Superintendent will determine the location of each activity based on the nature and duration of the proposed event, the estimated number of persons expected to attend, and other information required to complete the permit application form. A permit application may be denied if the activity does not allow for multiple use of the area, if the event presents a clear and present danger to the public health or safety, or if the printed materials are solely commercial.
(f) Activities for which a permit from the superintendent is required include, but are not limited to, the following:
§2.62(b) - Scattering human ashes from cremation.
§5.1- Displaying, posting, or distributing commercial notices or advertisements
§5.3- Engaging in or soliciting any business.
§5.5(a)- Making a motion picture film, television production, or soundtrack involving the use of professional casts, settings or crews, other than bona fide newsreel or news television.
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 [outside of areas managed as wilderness involving five persons or less and equipment that will be carried at all times, except for small tripods used to hold cameras. 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.
The NPS will consider requests and process 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:
§5.5 (b) - Taking still photography of vehicles or other articles of commerce, or models for the purpose of commercial advertising.
§7.96(b) (1) - Organized sports activities, pageants, regattas, public spectator attractions, entertainment, ceremonies, and other similar events.
§2.51(1) - Public assemblies, meetings, gatherings, demonstrations, parades, and other public expressions of views that exceed 25 persons.
Demonstrations involving 25 persons or fewer may be held without a permit provided that the other conditions required for the issuance of a permit are met and provided further that the group is not merely an extension of another group already availing itself of the 25-person maximum under this provision or will not unreasonably interfere with other demonstrations or special events. Read more about 2.51(1).
§2.52 (a) - The sale or distribution of printed matter, buttons, and bumper stickers.
Designated areas for assemblies, meetings, gatherings, demonstrations, parades, other public expressions of views, and distribution of printed matter are as follows:
(c)(1) The gathering, by hand, of fruits or berries for personal use or consumption is permitted. The gathering by hand, of nuts lying on the ground is permitted.
2(i) The gathering of any species of nuts or berries is limited to three pounds (to include nuts and their exterior shell), per person, per day.
(d) Wildlife may not be transported on roads or in parking lots maintained by the park.
(e) The use of artificial light for purposes of viewing wildlife is prohibited.
(a) Camping is prohibited unless by permit or directly involved in a park living history program.
Portable grills, smokers, and fire pans may be used at designated picnic areas, so long as such cooking does not harm park property (such as picnic tables) or other park resources. The disposal of hot or cold coals and/or ashes in the park is prohibited.
(a)(1) Pets are prohibited in all park structures, buildings, and residences; public facilities; and government-owned vehicles.
(a)(2) Failing to crate, cage, restrain on a leash which shall not exceed six feet in length, or otherwise physically confine
a pet at all time.
(a)(5) Visitors are required to remove pet excrement from parking lots and visitor use areas.
Note- Regulations (a) (1) and (e) do not apply to a Service dog accompanying a person with a disability.Definition of Service Animal per Americans with Disabilities Act (ADA) for title II and title III
A service animal means any dog that is 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.
Although the Dept. of Justice (DOJ) definition of service animal only refers to a dog, the NPS must make reasonable modifications to policies, practices, or procedures to permit the use of a miniature horse by a person with a disability if the miniature horse has been individually trained to do work or perform tasks for the benefit of the individual with a disability.
(a) Smoking is prohibited in all government facilities, residences, structures, and vehicles. Employees are prohibited from smoking in view of the public.
(3) i Alcoholic beverages are not allowed in the Kennesaw Mountain National Battlefield Park.
(b) The following speed limits are established:
(a) Bicycles may only be used on open, paved roadways. Bicycles are prohibited on Kennesaw Mountain Drive on weekends and holidays due to the public shuttle bus. Bicycles are prohibited on all unpaved surfaces in the park, including trails.
As of November 2019, Kennesaw Mountain NBP (KEMO) instituted an entrance fee. When a vehicle enters the park, proof of payment is a KEMO Daily Pass, a KEMO Annual Pass, or an America the Beautiful Pass. Physical passes must be displayed from the inside rearview mirror or on the dashboard of your vehicle, making sure the face of the pass is visible from the outside. Digital passes will be associated with the tag number of your vehicle” and entrance fee is enforced in all parking areas”.
Last updated: August 5, 2021