Superintendent’s Compendium of Designations, Closures, Permit Requirements and Other Restrictions Imposed Under Discretionary Authority.
Approved: Andrew Banasik, Superintendent, 2024
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 Monocacy National Battlefield. This Compendium is separate and apart from the NPS general regulations at 36 CFR Parts 1-6, which may be found at the Government Printing Office’s website at www.ecfr.gov. Definitions for terms used in the Compendium can be found at 36 CFR 1.4, which may also be found at the above-listed websites.
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.
In addition to the park website, signed copies of the Superintendent's Compendium for Monocacy National Battlefield are available at the park headquarters, from any Law Enforcement Ranger, email, or via a written request for a physical copy at:
Superintendent
Monocacy National Battlefield
4632 Araby Church Road
Frederick, MD 21704
Introduction:
What is the Superintendent's Compendium?
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 l-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.
What laws and policies allow the Superintendent to develop this Compendium?
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.
Does this Compendium comply with applicable Federal law and requirements?
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.
How are the requirements of the Superintendent's Compendium developed?
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 requirements of the Superintendent's Compendium are developed through an analysis and determination process for that particular NPS area. The decision criteria used during this process are:
• Is the use or activity consistent with the National Park Service Organic Act and NPS policy?
• Is the use or activity consistent and compatible with the park's enabling legislation, management objectives, and corresponding management plans?
• Will the use or activity damage or impair the park's protected natural/cultural resources/other protected values?
• Will the use or activity disturb or be in conflict with wildlife, vegetation, and environmental protection actions/values?
• Will the use or activity conflict with or be incompatible with traditional park uses or activities?
• Will the use or activity compromise employee or public safety?
Where does this Compendium apply?
The regulations contained in this Compendium apply to all persons entering, using, visiting or otherwise within the boundaries of lands and waters administered under the legislative jurisdiction of the United States as part of MONO.
Who enforces the requirements of this Compendium?
Only NPS Law Enforcement Park Rangers or a crossed designated Law EnforcementOfficer 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.
Is there a penalty for not adhering to the requirements found in this Compendium?
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 six 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
36 CFR §1.5 – VISITING HOURS, PUBLIC USE LIMITS, CLOSURES, AND AREA DESIGNATIONS FOR SPECIFIC USES OR ACTIVITIES(a)(1) The following visiting hours, public use limits, and closures are established:
Visiting Hours:
Visitor Center is open from 9:00 am to 5:00 pm daily, except Thanksgiving, Christmas, and New Year’s Day.
The park grounds are open from 7:30am to 20 minutes after sunset daily, except Thanksgiving, Christmas, and New Year’s Day.
The Monocacy NB library, curatorial, and archive facilities are available to researchers by appointment only.
The park may close with short notice, due to hazardous weather conditions, power outages or other circumstances that necessitate a shutdown.
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.
Public Use Limits -- Pursuant to §1.5(d) to implement a public use limit, the Superintendent may establish a permit, registration, or reservations system:
Park Administration FacilitiesThe following facilities are not open to the general public except by appointment, invitation, or park sponsored event:
Thomas House office areas (4632 Araby Church Rd) - Park headquarters
Gambrill Mill (4801(C) Urbana Pike) – Law Enforcement Offices
Gambrill House (4801(A) Urbana Pike) - Historic Preservation Training Center Offices
Maintenance Facility (4801(B) Urbana Pike) - Park Offices
This measure is required to provide a safe and non-disrupting space for park employees to conduct business.
The general public is prohibited from possessing and/or consuming food and beverages (water bottles with a closable lid are permitted as long as they stay sealed while in the museum area) in the Visitor Center unless authorized by the Superintendent.
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.
All persons entering buildings accessible to the public are required to wear shirts and shoes.
This measure is required in order to maintain a healthy environment for visitors and employees.
Leaving property unattended for more than 24 hours requires a permit except in designated areas.
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.
Motor vehicles may only stop or park in designated parking areas or pull-offs along the roadway. No off-road operation or parking of motor vehicles is permitted except in designated overflow parking lots at the direction of park staff.
Parking or driving off designated roadways or parking facilities can create opportunities for erosion and otherwise damage park resources.
Closures:
MONO will be closed on Thanksgiving Day, Christmas Day, and New Year’s Day.
This closure allows all park employees the opportunity to enjoy these holidays with their families and friends.
MONO, including all lands, roadways, and parking lots are closed to public access and overnight parking from 20 minutes after sunset until 7:30 a.m.
Exceptions:
NPS sponsored and approved public meetings, programs, and special events, scheduled to occur in the park after designated hours are exempt.
Only park living history volunteers (Volunteer Agreement or Special Use Permit required) are authorized access to their identified campsites- after designated closure hours.
After hours use, nighttime activity and overnight parking creates a number of impacts that would be inconsistent with the protection of park resources.The following facilities/areas are closed to public access except with authorization from the Superintendent or during park sponsored special events:
Best Farm (5601 Urbana Pike) - Main House, Log House, Settlement House, Well House and the Corn Crib.
Worthington Farm (4236 Baker Valley Rd) - Main House and Storage Sheds.
Thomas Farm (4632 Araby Church Rd) - Smoke Houses, Well House, and Shed.
Thomas Farm (4460 Araby Church Rd) - Barn and Corn Crib.
Lewis East (4403 Baker Valley Rd) - All
Baker Farm (4235 Baker Valley Rd) - Driveway, Main House, Barns/Outbuildings, and yard area.
All areas signed or posted as “Closed,” “Area Closed,” and “Authorized Vehicles/Personnel Only.”
Fields and buildings leased to farmers for planting crops, grazing livestock, or storing equipment.
Areas marked as resource monitoring plots.
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.
Park lands east of the Monocacy River and north of CSX railroad property are closed to public access.
This measure is required since there is no safe right-of-way across the railroad tracks for park visitor access to the area.
The pond located at the Gambrill Mill is closed to wading, swimming, or ice skating.
This measure is required to prevent detraction from the historic scene.
Balloons are prohibited in all park areas except building and vehicle interiors. Release of any type of balloon into the air is prohibited.
This measure is required to protect wildlife that may encounter and become entangled with or swallow punctured balloons.
Washing, repair, or maintenance of vehicles belonging to visitors (other than short-term emergency repairs) in public parking areas within the park is prohibited.
This measure is required to protect park’s water supply and to prevent gray water/hazardous material from being released into natural areas.
The possession of glass bottles/containers is prohibited within 100 feet of the Monocacy River and Bush Creek.
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.
Public may not access CSX or MARC railroad property from battlefield roads, parking areas, trails, or other park property.
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.
The following service roads are closed to public vehicular use and travel except with authorization from the superintendent:
Worthington Farm Lane beyond the second parking lot.
Best Farm Lane beyond the parking lot.
Thomas Farm Lane beyond the barn.
Gambrill Farm driveway beyond the first parking lot.
Baker Farm Lane.
These areas are not maintained as public access roads and are only maintained for access for administrative use, farming operations, and emergency response.
Employee residences including the curtilage (the area immediately surrounding the house) located within the park is closed to the public.
The residences are the private domiciles of the employees.
The Superintendent may close any portion of the park and/or roadways to public access during periods of ice, snow, or any other hazardous condition. Roadways may be closed with gates, barricades, or other traffic control devices. Driving around or past barricades is prohibited.
Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of Monocacy National Battlefield 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, quad copters, drones) that are used for any purpose, including for recreation or commerce.The use of unmanned aircraft is prohibited until the NPS can make a determination of the effect and impact of this use within Monocacy National Battlefield. Since this is a new use, it is subject to the requirements of the National Park Service Management Policies 2006, Sections 1.5 and 8.1, “Appropriate Use.” Before a new use can be allowed, it must be assessed to determine if it is “(1) appropriate to the purpose for which the park was established, and (2) can be sustained without causing unacceptable impacts” (Management Policies 2006, Section 8.1.1). Since that required assessment and evaluation has not yet been done, less restrictive methods involving the launching and retrieval of unmanned aircraft are not appropriate. Some of the potential impacts include disrupting the atmosphere of solemnity and reverence within the commemorative landscape of the battlefield, interfering with drivers on two major commuter roads (MD 355 and Interstate 270) that bisect the Park, and compromising the safety and security of aircraft operating out of Frederick Municipal Airport.
Recreational and Sporting Activities:
MONO is closed to recreational and sporting activities including, but not limited to the following:
Motorized scooters
Pocket motorcycles
Model rocket launching
Operating powered radio-controlled models
Hitting golf balls or use of golf clubs
Volleyball, badminton, and other net games
Lawn darts or horseshoes
Other games or activities that damage park resources or present public safety hazards.
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.
(a)(2) The following areas are designated for a specific use or activity and/or the following conditions or restrictions are imposed on a specific use or activity:
For purposes of regulation of activities within the battlefield, the following recreational type activities are permitted within the designated lawn to the south of the Gambrill Mill, (see Appendix B) and within designated employee residential areas:
Kite flying
Frisbee
Playing catch (football, baseball, etc.)
Bean bag toss
Sledding
Disabled visitors may use Segway’s, 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 Segway’s used in this manner shall be marked with a symbol identifying it as a conveyance for the disabled.
This measure allows for the use of mobility enhancing devices while providing for the protection of park resources and visitors.
Conditions and Restrictions on Specific Uses or Activities:
Passenger Carrying Busses and Delivery Vehicles:
Engines must be shut down when not underway or in the act of loading/unloading passengers.
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.
Boating and Water Use Activities:
Visitors are required to wear a personal floatation device (PFD) while on board a vessel, raft, or tube from November 15 through May 15 on the Monocacy River and carry a PFD on board the remainder of the year.
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.
Mask-wearing Requirements:
When the COVID-19 Community Level is LOW or MEDIUM in the county or all the counties where the park is located based on data provided by the Centers for Disease Control and Prevention (CDC), individuals are not required to wear masks.
When the COVID-19 Community Level is HIGH in the county or all the counties where the park is located based on data provided by the CDC, all individuals over the age of two must wear masks, regardless of vaccination status, in all common areas and shared workspaces in buildings owned, leased, or otherwise controlled by the National Park Service, including, but not limited to, park visitor centers, administrative offices, lodges, gift shops and restaurants.
When the COVID-19 Community Level is HIGH in one or more, but not all, of the counties where the park is located based on data provided by the CDC, the superintendent will determine whether individuals are required to wear masks. The requirement, if any, will apply to all facilities within the park.
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 the COVID-19 Community Level, individuals may wear masks if they choose to do so. Where a state, local, tribal, or territorial government where the park is located imposes more protective mask-wearing requirements than those indicated by the COVID-19 Community Level, individuals must follow those more protective requirements within the park. More protective state, local, tribal, or territorial mask-wearing requirements are hereby adopted as federal requirements in all units of the National Park System located within that state, locality, area subject to a federally recognized Indian tribe’s regulatory jurisdiction, or territory, regardless of a particular park’s jurisdictional status.
Additionally, all individuals must wear masks in or on public transportation conveyances and transportation hubs/facilities, to the extent required by current orders or directives issued by the CDC, the Transportation Security Administration (TSA), or other federal agencies with jurisdiction over those conveyances or areas. As of March 4, 2022, CDC and TSA orders or directives require all individuals regardless of vaccination status to wear masks in indoor areas of all forms of public transportation conveyances, including busses, trains, and boats/ferries, and in the indoor premises of transportation hubs/facilities. Individuals are not required to wear masks while outdoors on conveyances or while outdoors on the premises of transportation hubs/facilities.
(a)(3) The following restrictions, limits, closures, designations, conditions, or visiting hour restrictions imposed under §(a)(1) or (2) have been terminated:
Not applicable at this time.
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. 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.
36 CFR §2.1 – PRESERVATION OF NATURAL, CULTURAL AND ARCHEOLOGICAL RESOURCES
Under, §2.1(a) collecting natural materials from the park is generally prohibited. However, pursuant to §2.1(c), the following fruits, nuts, plants 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.
36 CFR §2.2 - WILDLIFE PROTECTION
(d) The following conditions and procedures for transporting lawfully taken wildlife through the park area are in place:
Wildlife may not be transported on roads or in parking lots maintained by the battlefield.
36 CFR 2.2(a)(1) prohibits hunting within the park; therefore the transportation of wildlife carcasses via park roads is inappropriate and unnecessary.(e) The following areas are closed to the viewing of wildlife with the use of an artificial light:
The use of artificial light and infrared lighting/beams, for the purpose of viewing wildlife, is prohibited. The Superintendent may issue a permit for the use of artificial light for research purposes.
Viewing wildlife, by means of artificial light, disturbs the wildlife in their natural habitat. The park is open during daylight hours only.
36 CFR §2.3 – FISHING
(a) Fishing shall be in accordance with the laws and regulations of the State of Maryland, the following are prohibited:
Fishing without possessing a valid Maryland State Fishing License, unless
exempted.
(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:
Along the Monocacy River and Bush Creek within the boundaries of the park.
This measure is consistent with Maryland State fishing regulations along the Monocacy River.
(d)(8) Fishing from motor bridges is prohibited.
36 CFR §2.4 – WEAPONS, TRAPS AND NETS
(a)(1)(I) & (II) Visitors may possess and carry firearms within MONO in accordance with federal, state, and local laws.Federal law prohibits firearms in certain park facilities and buildings. These places are marked with signs at public entrances.
The federal facilities for MONO are as follows:
Visitor Center- 5201 Urbana Pike (Park Offices)
Gambrill Mill- 4801(C) Urbana Pike (Law Enforcement Offices)
Maintenance Shop- 4801(B) Urbana Pike (Park Offices)
Gambrill House- 4801(A) Urbana Pike (Historic Preservation Training Center)
Thomas House- 4632 Araby Church Rd (Park Headquarters)
Thomas Tenant House- 4632 Araby Church Rd (Visitor Contact Station)
(a)(2)(i) Weapons, traps, or nets:
Weapons involved in interpretive demonstrations will be administered under Director's Order 6.
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.
36 CFR §2.5 – RESEARCH SPECIMENS(a) Taking plants, fish, wildlife, rocks or minerals is prohibited except in accordance with other regulations of Chapter 1 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://science.nature.nps.gov/research
36 CFR §2.10 – CAMPING AND FOOD STORAGE
(a) Camping is allowed in the following designated sites or areas and is subject to the following established conditions:
Living history individuals/groups may camp in approved areas described in a volunteer agreement or approved special use permit. All other camping is prohibited.
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.
36 CFR §2.11 – PICNICKING
The use of portable self-contained gas grills is permitted in the Gambrill Mill and Visitor Center picnic areas.
Charcoal grills are prohibited except in park residential areas or administrative staff areas. Other areas require authorization from the Superintendent.
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.
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 prohibited, except in the following areas and/or receptacles, and under the conditions noted:
Designated Areas:
Campfires are permitted in connection with park sponsored living history programs within designated encampment areas.
Only camp stoves (gasoline, propane, butane) may be utilized in the designated picnic areas- Gambrill Mill and Visitor Center.
Charcoal barbeque fires contained within an appropriate grilling device in a park residential or administrative staff area are permitted. Other areas require authorization from the Superintendent.
Any other campfires will be permitted only in connection with a Special Use Permit.
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.
Established Conditions for Fires:
All fires must be built within a protective fire ring.
No fire may be built within 25 feet of a structure.
This measure is required to prevent a fire from escaping the area and to prevent burning park property.
(b) Fires must be extinguished according to the following conditions:
All authorized campfires in the park must be attended at all times and completely extinguished when not attended.
Charcoal coals must be disposed of properly and may not be dumped within park grounds.
(c) During periods of high fire danger, the following areas of the park are closed to the lighting or maintaining of a fire.
All fires will be prohibited.
36 CFR §2.14 – SANITATION AND REFUSE
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 “pack-in, pack-out” ethic is supported by the Superintendent in alignment with environmental management initiatives of the federal government.
(a)(8) In developed areas, the disposal of human body waste is prohibited, except at the following designated locations where fixtures are provided for that purpose:
Visitor Center.
Thomas Farm Tenant House.
In locations where temporary port-a-potty’s have been placed in service or in park buildings open during special events/ by special use permit.
(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.
Human waste can spread disease and must be disposed of properly to minimize the potential for pollution. Using restroom facilities minimizes the presence of litter to enhance the visitor experience and protects wildlife from the impacts of potentially hazardous waste.
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, except service animals:
Within the Visitor Center and all public offices and structures in MONO.
Pet owners must not allow any pet to climb or stand upon any monument, marker, cultural or archeological structure/object within MONO.
(a)(3) Leaving a pet unattended and tied to an object is prohibited, except in the following areas and/or under the following conditions:
In designated picnic areas, pets may be tied to picnic tables or tethered in the area while the owner/handler is present; however, pets may not be left unattended.
Outside the Visitor Center, pets may be tied to lamp posts or benches as long as they cannot interfere or cause a disturbance with visitors entering and exiting the Visitor Center.
Pets will not be left unattended in areas or in circumstances where they will create a nuisance to other visitors or cause disturbance to wildlife.
Pets will not be left in areas where food, water, shade, ventilation, and other basic needs are inadequate.
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.
(a)(5) Pet excrement must be disposed of in accordance with the following conditions:
All pet excrement must be immediately collected and disposed of properly by the pet owner/handler in picnic areas, parking lots, exhibit areas, trails, and other areas with heavy public use. Visitors bringing pets to the park must carry, on their person, a bag or other device for the containerization and removal of excrement. Visitors shall immediately containerize, remove, or properly dispose of pet excrement.
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.Limitations on pets within the park are necessary to ensure a positive visitor experience for all, as well as to prevent possible resource damage that could be created by uncontrolled pets.
36 CFR §2.16 – HORSES AND PACK ANIMALS
(a) The use of animals other than those designated as “pack animals” for purposes of transporting equipment is prohibited.Definition: 36 CFR 1.4(a) Pack Animal means horses, burros, mules, or other hoofed mammals when designated as pack animals by the Superintendent.The following animals are designated as pack animals as defined by NPS Management Policies:
Horses
Burros
Mules
Llamas
Alpacas
(b) The use of horses or pack animals is prohibited outside of the following trails, routes or areas designated for their use:
Horses or pack animals are prohibited on all park trails.
Horses or pack animals used by living history groups may use designated areas per a volunteer use agreement.
(g) Other conditions concerning the use of horses or pack animals:
Pack animals may only be secured by tying them to a hitching rack, a trailer or by cross tying them between two trees or similar method authorized by the superintendent so they cannot damage the trees by foraging on the bark or branches. Pack animals must be attended at all times to prevent third party injuries.
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.
36 CFR §2.17 – AIRCRAFT AND AIR DELIVERY(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.
36 CFR §2.19 – WINTER ACTIVITIES
(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:
Cross country skiing and snowshoeing is permitted on all park trails.
Cross country skiing and snowshoeing are permitted on the Worthington Lane when closed to motor vehicle traffic.
Sledding, inner tubing, and tobogganing is permitted in the Gambrill Mill recreation area.
These areas allow for the safe use of the park for visitors interested in these activities while promoting the protection of the historic landscape.
36 CFR §2.21 – SMOKING
(a) The following portions of the park, buildings, structures and/or facilities are closed to smoking as noted:
Smoking is prohibited in all park structures
Smoking is prohibited during black powder weapons inspections.
Conditions of Smoking
Employees and volunteers may smoke while on breaks or other personal time in any area generally outside of public view and no closer than 25 feet of any building entrance that is most usually used by visitors.
Regulations per Director's Order 50D dated 6/29/2009 “Smoking Policy” do not permit smoking in government vehicles, structures, and other public facilities.
36 CFR §2.22 – PROPERTY
(a)(2) Leaving property unattended for longer than 24 hours is prohibited, except in the following locations or under the following conditions:
Items left to honor the soldiers, who fought in the Battle of Monocacy, may be left for 1 week within the following designated areas:
Maryland State Historical Marker at the immediate base of the marker.
Maryland and United Daughters of the Confederacy Monuments within the wrought iron fence area.
New Jersey Monument wrought iron fence area.
Pennsylvania Monument wrought iron fence area.
Vermont Monument within the four stone boundary markers.
Established Conditions for Unattended Property:
Artificial flowers or fresh cut flowers shall be permitted.
Permanent plantings, statues, vigil lights, balloon displays, and breakable/glass objects of any kind are not permitted.
Floral items and other types of decorations shall be free standing and are not to be secured or attached to the commemorative monument, fencing, or other park property.
36 CFR §2.35 – ALCOHOLIC BEVERAGES AND CONTROLLED SUBSTANCES
(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:
The possession of an open container of alcohol is prohibited from all park buildings, parking areas, monument areas, and within 100 feet of the Monocacy River and Bush Creek. (Except within authorized permanent living areas, employee housing, or with a valid special use permit.)
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/firecrackers is prohibited, except pursuant to the terms and conditions of a permit.
Conditions for Explosions:
The possession and use of small quantities of black powder necessary to support historic weapons demonstrations is permitted, subject to limitations described in a volunteer agreement or special park use permit issued by the Superintendent. Use of the black powder will be in a manner consistent with all NPS policies related to historic black powder firing demonstrations.
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.
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.(d) The permit may contain such conditions as are reasonably consistent with protection and use of the park area for purposes for which it is established. It may also contain reasonable limitations on the equipment used and the time and area within which the event is allowed. See 1.6(f).
Affixing signs or balloons to existing buildings, signs, poles, plants, rocks, or other objects is prohibited.
Marking of government land with chalk, flour, ink, or paint is prohibited.
All temporary signs installed for special events shall be free standing and shall be removed upon completion of the event.
This measure is needed to assure that the visual quality of the park is maintained and damage to park resources is limited.
36 CFR §2.51 – DEMONSTRATIONS
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:
Area A: Visitor Center grass section on north side of parking lot.
Area B: Gambrill Mill grass section on north side of parking lot.
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.
36 CFR §2.52 -- SALE OR 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 it is not solely commercial advertising.(b) Permits and the small group permit exception. The sale or distribution of printed matter is allowed within park areas designated as available under § 2.51(c)(2) when the superintendent has issued a permit for the activity, except that:
Sale or distribution activity by 25 persons or fewer may be conducted without a permit within designated park areas, provided that:
None of the reasons for denying a permit that are set out in paragraph (e) of this section are present;
The group is not merely an extension of another group already availing itself of the small group permit exception under this provision;
The sale or distribution will not unreasonably interfere with other permitted demonstrations and special events, or program activities; and
Hand-carried signs may be used, but stages, platforms, or structures may not be used.
While it is not mandatory, the organizer is requested to provide reasonable notice of the proposed event to the park superintendent, including whether there is any reason to believe that there may be an attempt to disrupt, protest, or prevent the activity.
36 CFR §2.60 – LIVESTOCK USE AND AGRICULTURE
(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.
36 CFR §2.62 – MEMORIALIZATION
(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.
(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
36 CFR §3.7 – PERSONAL FLOATATION DEVICE (PFD) REQUIREMENTS
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.
Maryland State Law requires a person aboard a vessel, tube, or raft on the Upper Potomac River and its tributaries including the Monocacy River from November 15 through May 15 to wear USCG approved life jackets.
Maryland State Law requires a person aboard a vessel, tube, or raft from May 16 to November 14 to have a USCG approved life jacket on board for every individual.
Maryland State Law requires a person aboard a vessel, tube, or raft under the age of 13 onboard crafts fewer than 21 feet in length to wear a USCG approved life jacket year round.
36 CFR §3.8 – BOATING OPERATIONS(a)(2) Launching or operating a vessel is prohibited, except at one of the following locations:
Along the bank of the Monocacy River immediately upstream or downstream of the Route 355 bridge.
Along the bank of the Monocacy River at the end of the Gambrill Mill Boardwalk Trail.
Along the bank of the Monocacy River accessible from the Junction Parking Lot.
36 CFR §3.16 – SWIMMING AND WADING
Swimming or wading is allowed in waters, subject to closures or restrictions designated in §1.5 of this document.
36 CFR §3.19 – USE OF SUBMERSIBLES
The use of manned or unmanned submersibles may only occur in accordance with a permit issued by the superintendent.
Part 4 Vehicles & Traffic Safety
36 CFR §4.10 – TRAVEL ON PARK ROADS AND ROUTES
(a) Park roads open for travel by motor vehicles are those indicated below, and/or are indicated in the following publication:
Best Farm Lane to the parking lot.
Worthington Farm Lane to the second parking lot.
Thomas Farm Lane to the parking lot.
Gambrill Mill access road to the first parking lot.
(a), (b) The following speed limits are established for the routes/roads indicated:
The park-wide speed limit for all NPS maintained roadways, lanes and parking areas will be set at 15 miles per hour.
The Superintendent has established these speed limits as reasonable and safe for the identified locations. These locations have been posted with traffic control signs.
36 CFR §4.30 – BICYCLES (Charge under 1.5)
(a) The use of a bicycle is prohibited except on park roads, in parking areas, and on routes designated for bicycle use.
No bicycle shall be operated off established roadways. Bicycles are not permitted on sidewalks, trails, or cross country.
Soils throughout most of the park are highly erodible. The indicated uses could result in erosion that would damage natural or cultural resources.
The following additional routes, in developed areas or special use zones, have been designated for bicycle use:
Bicycle use is permitted on all park service maintained roads.
“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.).
E-bikes are allowed in Monocacy National Battlefield where traditional bicycles are allowed. E- bikes are prohibited where traditional bicycles are prohibited. Except where use of motor vehicles by the public is allowed, using the electric motor to move an e-bike without 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 Monocacy 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.”
Part 5 Commercial & Private Operations
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, 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.
36 CFR §5.5 – COMMERCIAL PHOTOGRAPHY
Before any motion picture may be filmed or any television production or soundtrack may be made by any person other than bona fide newsreel or news television personnel, written permission must first be obtained from the Superintendent.
Taking photographs of any vehicle or other articles of commerce or models for the purpose of commercial advertising without a written permit from the Superintendent is prohibited.
The decision to require a permit for still photography activities in a park is based on the activity itself as opposed to the eventual use of the image. Generally, permits are not required for still photography activities unless:
The activity takes place at location(s) where or when members of the public are generally not allowed; or
The activity uses model(s), set(s), or prop(s) that are not a part of the location’s natural or cultural resources or administrative facilities; or
The park would incur additional administrative costs to monitor the activity.
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.
36 CFR §5.6 – COMMERCIAL VEHICLES
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.
36 CFR §5.7 – CONSTRUCTION OF BUILDINGS OR OTHER FACILITIES
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.
