Superintendent’s Compendium of Designations, Closures, Permit Requirements and Other Restrictions Imposed Under Discretionary Authority.
The Monocacy National Battlefield (MONO) Superintendent's Compendium is the summary of park specific rules implemented under the discretionary authority of the park Superintendent. 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 those public use and resource protection regulations that pertain to the specific administration of the park. It does not contain those regulations found in Title 36 Code of Federal Regulations (CFR) and other United States Codes (U.S.C.) which are enforced without further elaboration at the park level.
The regulations contained in Title 36 CFR Parts 1–7 are used to preserve and protect the natural and cultural resources of the park, and to protect visitors and property within the park. Parts 1–6 are general regulations applicable to all areas of the National Park System. Part 7 contains special regulations, which are specific to individual parks. Each of these Parts has many sections and subsections articulating specific provisions. Within some of the 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.
The NPS is granted broad statutory authority in 54 U.S.C. 100101(a) et.seq. (National Park Service Organic Act of 1916, as amended) to, "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 means as will leave them unimpaired for the enjoyment of future generations.” (54 U.S.C. 100101(a))
In addition, the 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 USC 100751(a))
In 1970, Congress amended the NPS Organic Act to clarify its intentions as to the overall mission of the NPS. Through the General Authorities Act of 1970 (54 USC 100101(b)(1) et.seq.), Congress brought all areas administered by the NPS into one National Park System and directed the NPS to manage all areas under its administration consistent with the Organic Act of 1916.
In 1978, Congress amended the General Authorities Act of 1970 and reasserted, system wide, 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. The authorization of activities shall be construed and the protection, management, and administration of the System units shall be conducted in light of the high public value and integrity of the System." (54 USC 100101(b)(2)) 54 USC 100501 defines the areas included in 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."
Title 36 CFR Section 1.7(b) requires the Superintendent to compile, in writing, all the designations, closures, permit requirements, and other restrictions imposed under discretionary authority. This compilation, called the Superintendent's Compendium, shall be updated annually and made available to the public upon request. In addition to the above statutory authority, the Superintendent is also guided by established NPS policy as found in the NPS Management Policies (2001). As stated in this document, 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 visitors 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.
Each park Superintendent is directed to analyze overall park use and determine if any particular use is appropriate. Where conflict arises between use and resource protection, in which the Superintendent has a basis to believe a resource is or would become impaired; then that Superintendent is obliged to place limitations on public use.
This Compendium is in compliance with all regulations and delegated authority provided by Title 36 Code of Federal Regulations, Chapter 1, Parts 1–7 authorized by Title 54 United States Code 100751.
As outlined above, the NPS has broad authority and responsibility to determine what types of uses and activities are appropriate in any particular NPS area.
The regulations contained in this Compendium apply to all persons entering, using, visiting or otherwise within the boundaries of federally owned lands and waters administered by the NPS as part of MONO.
Only NPS Law Enforcement Park Rangers or a crossed designated Law Enforcement Officer can enforce the requirements of the U.S.C., CFR Titles, and this Superintendent's Compendium. However, many Federal laws and regulations, have similar statutes found in State and local law. Many of the requirements of this Compendium complement existing State and local law and regulations, which are also in effect within the park and enforced by State and local law enforcement officers.
A person who violates any provision of the regulations found in Title 36 CFR Parts 1–7, along with 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 three months (36 CFR 1.3(b)), or both, and shall be adjudged to pay all court costs associated with any court proceedings.
Part 1 General Provisions
(a)(1) The following visiting hours, public use limits, and closures are established:
Visiting hours are established based on the availability of park staff, to ensure an enjoyable and safe visitor experience, and to assure adequate protection of park resources. After hours use, nighttime activity and overnight parking, creates a number of impacts that would be inconsistent with the protection of park resources.
This measure is required to provide a safe and non-disrupting space for park employees to conduct business.
The Visitor Center contains historic artifacts and paintings and it has been determined that damage from spilled food and beverages pose an unacceptable risk to the resources and visitor satisfaction with the facility.
This measure is required in order to maintain a healthy environment for visitors and employees.
Leaving unknown property unattended in the park area threatens public safety, the environmental/scenic values of the park, the natural/cultural resources of the park, and the orderly management of the park. Visitors seeking to leave property unattended outside of designated areas within the park must obtain a permit from the Superintendent.
Parking or driving off designated roadways or parking facilities can create opportunities for erosion and otherwise damage park resources.
This closure allows all park employees the opportunity to enjoy these holidays with their families and friends.
After hours use, nighttime activity and overnight parking creates a number of impacts that would be inconsistent with the protection of park resources.
Many of the historic structures located throughout the park are in a condition where closure is necessary to protect the resource and visitors from injury. Some of the structures are under permit to local farmers and contain personally owned farm equipment, which must be protected from damage, theft, and vandalism. Field areas are closed to prevent damage and destruction to crops, seedlings, and plants from visitor traffic. The Baker Farm is closed to the public because it is a private residence.
This measure is required since there is no safe right-of-way across the railroad tracks for park visitor access to the area.
This measure is required to prevent detraction from the historic scene.
This measure is required to protect wildlife that may encounter and become entangled with or swallow punctured balloons.
This measure is required to protect park’s water supply and to prevent gray water/hazardous material from being released into natural areas.
This measure is required to reduce hazards from broken glass and waste from discarded cans, and to reduce the potential for water emergencies along the Monocacy River.
This measure is required to protect park visitors from the hazards associated with the railroad. Trespassing along railroad rights-of-way is the leading cause of rail-related fatalities in America. Nationally, approximately 500 trespassing deaths occur each year, the vast majority of which are preventable. Entering or remaining on railroad property except to cross at an authorized crossing in Maryland is prohibited by MD Code 6-503(d)(1) and CSX has posted signs along the railroad tracks through the park warning visitors of no trespassing on the property.
These areas are not maintained as public access roads and are only maintained for access for administrative use, farming operations, and emergency response.
The residences are the private domiciles of the employees.
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, quad copters, drones) that are used for any purpose, including for recreation or commerce.
Ample opportunities exist outside the park for these activities. Certain recreational uses are prohibited as they detract from the park’s significance and purpose. These also create the potential for visual intrusion of the historic scene, and interfere with the visitor’s understanding of the Battle of Monocacy. The use of the park for organized athletic events or competitive recreational events is not generally compatible with the park’s significance or purpose.
Disabled visitors may use Segways, electric scooters or electric wheelchairs as a mobility enhancing device on all paved parking areas, paved sidewalks, gravel farm lanes closed to vehicular use, and on the boardwalk portion of the Gambrill Mill Trail. They may be used within buildings that comply with standards established by the Americans with Disabilities Act. They may not be operated at a speed greater than 3 miles per hour. All Segways used in this manner shall be marked with a symbol identifying it as a conveyance for the disabled.
The purpose of this restriction is to reduce public exposure to diesel, exhaust particulate matter, and other toxic air contaminants by limiting the idling of buses, trucks, and motor vehicles. In addition, this restriction will eliminate the noise from idling vehicles when parked in or adjacent to residential areas and natural settings located throughout the park.
Visitors are required to wear or carry PFDs during boating activities to ensure their safety and prevent incidents of drowning per Maryland COMAR 08.18.04.04.
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.
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. Information and applications to request a permit can be obtained at Monocacy National Battlefield during regular business hours, 9:00 am to 5:00 pm. Contact us at (301) 662-3515, via the internet at https://www.nps.gov/mono/planyourvisit/permitsandreservations.htm, or mail addressed to Chief Ranger, Monocacy National Battlefield, 4632 Araby Church Rd., Frederick, MD 21704.
Applicants for a Special Use Permit will be charged $75.00 to cover the administrative costs of processing permits. The Superintendent may waive the cost for other government agencies and events that promote or contribute to the mission of the National Park Service at Monocacy National Battlefield.
Additional charges may apply, if the purpose of a Special Use, Commercial Photography or Commercial Filming permit, requires the park staff to perform more than administrative action. Applicants will receive a written estimate of added costs, if any, after their application is reviewed.
There are other requirements and procedures associated with special park uses. These are stipulated in NPS Director's Order #53 and Reference Manual #53. These are available through the NPS web site: https://npspolicy.nps.gov/DOrders.cfm.
Part 2 General Regulations
Under, §2.1(a) collecting natural materials from the park is generally prohibited. However, pursuant to §2.1(c), the following fruits, nuts, and berries may be gathered by hand for personal use or consumption, in accordance with the noted size, quantity, collection sites and/or possession and consumption restrictions:
Vegetation that contains fruits, nuts, or berries will continue to provide a relatively undisturbed source for plant reproduction and food for wildlife. There is no evidence to suggest that the limited gathering for personal consumption of the items will adversely affect park wildlife, the reproductive potential of a plant species, or otherwise adversely affect park resources.
(d) The following conditions and procedures for transporting lawfully taken wildlife through the park area are in place:
36 CFR 2.2(a)(1) prohibits hunting within the park; therefore the transportation of wildlife carcasses via park roads is inappropriate and unnecessary.
Viewing wildlife, by means of artificial light, disturbs the wildlife in their natural habitat. The park is open during daylight hours only.
(a) Fishing shall be in accordance with the laws and regulations of the State of Maryland, the following are prohibited:
(d)(2) Possessing or using as bait for fishing in fresh waters, live or dead minnows or other bait fish, amphibians, non-preserved fish eggs or roe is prohibited, except in the following designated areas:
This measure is consistent with Maryland State fishing regulations along the Monocacy River.(d)(8) Fishing from motor bridges is prohibited.
(a)(1)(I) & (II) Visitors may possess and carry firearms within MONO in accordance with federal, state, and local laws.
(a)(2)(i) Weapons, traps, or nets may only be carried, possessed or used at the following designated times and locations:
The possession and use of historic weapons, necessary to support interpretive and educational demonstrations, is permitted, subject to limitations described in a volunteer use agreement or special use permit authorized by the superintendent. Use of the historic weapons will be in a manner consistent with all NPS policies related to historic black powder demonstrations.
(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.
For further information on Scientific Research and Collecting Permits and procedures for applying visit the following website: https://irma.nps.gov/RPRS/
(a) Camping is allowed in the following designated sites or areas and is subject to the following established conditions:
The park was not established for overnight occupancy and does not have the necessary amenities for overnight use. There are numerous commercial camping and lodging facilities in close proximity to the park. The park is considered to be a historic landscape and camping is inappropriate on historic landscapes. Living history groups camp in the park during interpretive events and events supporting the administration of the park to further the park mission.
The use of self-contained gas grills does not produce the hot ember disposal problem that charcoal or wood grills produce and thus promote resource preservation through wildland fire prevention.
(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.
(a)(1) The lighting or maintaining of fires is prohibited, except in the following areas and/or receptacles, and under the conditions noted:
Limitations on the use of fire are necessary to prevent adverse impacts to resources, as well as to prevent fire from escaping to adjoining lands and residential areas.
This measure is required to prevent a fire from escaping the area and to prevent burning park property.
(c) During periods of high fire danger, the following areas of the park are closed to the lighting or maintaining of a fire.
MONO is a “trash free” area. Visitors shall remove all trash generated within the park when they leave. Pet waste may be deposited in provided receptacles.
(a)(9) In non-developed areas, the disposal of human body waste within 10 feet of a water source and the high water mark of a body of water is prohibited.
(a)(1) Possessing pets in public buildings, public transportation vehicles, swimming beaches, and the following structures and/or areas is prohibited, except service animals:
(a)(3) Leaving a pet unattended and tied to an object is prohibited, except in the following areas and/or under the following conditions:
This requirement is intended to ensure pets are properly cared for while in the park and that they do not harass wildlife or disturb park visitors.
Electronic (“shock”) collars do not meet the requirements for physical restraint of a pet as required by 36 CFR 2.15(a)(2). Pets must be crated, caged, or restrained on a leash not exceeding six feet in length.
(a) The use of animals other than those designated as “pack animals” for purposes of transporting equipment is prohibited.
(b) The use of horses or pack animals is prohibited outside of the following trails, routes or areas designated for their use:
(g) Other conditions concerning the use of horses or pack animals:
These restrictions are required to assure that no natural or cultural resources are harmed and that alien species and wildlife diseases are not introduced into the park.
(a)(3) Delivering or retrieving a person or object by parachute, helicopter, or other airborne 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.
(d) FAA regulations may be found in 14 CFR Chapter 1.
(a) Skiing, snowshoeing, ice skating, sledding, inner tubing, tobogganing, and similar winter sports are prohibited on park roads and in parking areas open to motor vehicle traffic, except under the conditions below:
These areas allow for the safe use of the park for visitors interested in these activities while promoting the protection of the historic landscape.
(a) The following portions of the park, buildings, structures and/or facilities are closed to smoking as noted:
Conditions of Smoking
Regulations per Director's Order 50D dated 6/29/2009 “Smoking Policy” do not permit smoking in government vehicles, structures, and other public facilities.
(a)(2) Leaving property unattended for longer than 24 hours is prohibited, except in the following locations or under the following conditions:
Established Conditions for Unattended Property:
(a)(3)(i) The following areas and 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:
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.
(a) Using, possessing, storing, or transporting explosives, blasting agents or explosive materials is prohibited, except pursuant to the terms and conditions of a permit.
Fireworks can intrude upon the visitor’s experience, create a safety concern, and possibly start unwanted wildfires. Black powder and other explosives are similarly dangerous, unless used under carefully controlled and supervised settings such as historic weapons demonstrations.
(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.
This measure is needed to assure that the visual quality of the park is maintained and damage to park resources is limited.
Pursuant to 36 CFR 2.51(c)(1) the following areas have been designated as available for demonstrations and the sale or distribution of printed matter:
Pursuant to 36 CFR 2.51(c)(2) these areas are designated on Map 1, which is attached to this compendium as Appendix A, and which is available in the Office of the Superintendent.
(a) Printed Matter. The term “printed matter” means message-bearing textual printed material such as books, pamphlets, magazines, and leaflets, provided that it is not solely commercial advertising.
(a) Livestock are generally prohibited in any park area. They are only permitted in park areas pursuant to the exceptions provided for in §2.60(a) and only pursuant to the terms and conditions of a license, permit, or lease.
(a) The installation of a monument, memorial, tablet, structure, or other commemorative installation in a park area without the authorization of the Director is prohibited.
(b) The scattering of human ashes from cremation is prohibited, except pursuant to the terms and conditions of a permit.
Part 3 Boating & Water Use Activities
PFD must be worn or carried on designated waters, at the designated times, and/or during designated water based activities outlined in §1.5 of this document.
(a)(2) Launching or operating a vessel is prohibited, except at one of the following locations:
Swimming or wading is allowed in waters, subject to closures or restrictions designated in §1.5 of this document.
The use of manned or unmanned submersibles may only occur in accordance with a permit issued by the superintendent.
Part 4 Vehicles & Traffic Safety
(a) Park roads open for travel by motor vehicles are those indicated below, and/or are indicated in the following publication:
Park maps and brochures can be found at http://www.nps.gov/mono.
(a), (b) The following speed limits are established for the routes/roads indicated:
The Superintendent has established these speed limits as reasonable and safe for the identified locations. These locations have been posted with traffic control signs.
(a) The use of a bicycle is prohibited except on park roads, in parking areas, and on routes designated for bicycle use.
Soils throughout most of the park are highly erodible. The indicated uses could result in erosion that would damage natural or cultural resources.
“The term “e-bike” means a two- or three-wheeled cycle with fully operable pedals and an electric motor of less than 750 watts (1 h.p.).
Part 5 Commercial & Private Operations
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.
Engaging in or soliciting any business in park areas, except in accordance with the provisions of a permit, contract, or other written agreement with the United States, except as such may be specifically authorized under special regulations applicable to a park area, is prohibited.
(a) (a)The following types of filming activities may occur in areas open to the public without a permit and without advance notice to the NPS:
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.
If none of these conditions exist, a permit is not required. We request that you contact us anyway so that we are aware of your activities and can provide you with information. To apply for a permit submit NPS Form 10-931 to the Chief Ranger’s Office.
(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 from the Superintendent.
Such activities are prohibited, except in accordance with the provisions of a valid permit, contract, or other written agreement with the United States.
CCTV Use Policy
The National Park Service’s use of Closed Circuit Television (CCTV) for law enforcement and security purposes will only be to visually monitor public park areas and public activities where no constitutionally protected reasonable expectation of privacy exists. Such CCTV use – which will have adequate privacy and First Amendment safeguards – will be to help ensure public safety and security; facilitate the detection, investigation, prevention and deterrence of terrorist attack and crime; help ensure the safety of citizens and officers; help assist in the proper allocation and deployment of law enforcement and public safety resources; help facilitate the protection of the innocent and the apprehension and prosecution of criminals.
This policy does not restrict the official use of CCTV in government administrative areas including administrative buildings, jail holding facilities, 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 Mobile Audio/Video Recording Equipment (MVAR) in patrol vehicles driven by commissioned rangers; that use is addressed in other policy documents.
RM-9, Chapter 26, Section 1.
This information included as required by RM-9, Chapter 26, Section 3.6.
Last updated: May 25, 2021