Superintendent's Compendium

 

A. INTRODUCTION

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1. Superintendent’s Compendium Described

The Superintendent’s Compendium is the summary of park specific rules implemented under 36 Code of Federal Regulations (36 CFR). It serves as public notice, identifies areas closed for public use, provides a list of activities requiring either a special use permit or reservation, and elaborates on public use and resource protection regulations pertaining specifically to the administration of the park. The Superintendent’s Compendium does not repeat regulations found in 36 CFR and other United States Code and CFR Titles, which are enforced without further elaboration at the park level.

The regulations contained in 36 CFR, Parts 1-7, are the basic mechanism used by the National Park Service (NPS) to preserve and protect the natural and cultural resources of the park and to protect visitors and property within the park. Parts 1 through 6 are general regulations applicable to all areas of the National Park system, and Part 7 contains special regulations specific to individual parks. Each of these Parts has many sections and subsections articulating specific provisions. Within some of these Part 1-7 sections and subsections, the Superintendent is granted discretionary authority to develop local rules to be responsive to the needs of a specific park resource or activity, park plan, program, and/or special needs of the general public.

As an example, 36 CFR 1.5(a) Closures and Public Use Limits provides the Superintendent certain discretion in allowing or disallowing certain activities. The authority granted by the Section, however, requires the Superintendent to comply with the Administrative Procedures Act (6 USC Section 551), which requires public notice on actions with major impact on visitor use patterns, park resources or those that are highly controversial in nature.

Another example is 36 CFR 1.6 Permits, which allows the Superintendent to require a permit for certain uses and activities in the park. This Section, however, requires that a list of activities needing a permit (and a fee schedule for the various types of permits) be maintained by the park.

A final example is 36 CFR 2.1(c) (1) Preservation of Natural, Cultural and Archeological Resources, which provides the Superintendent the authority to designate certain fruits, nuts, berries, or unoccupied seashells which may be gathered by hand for personal use or consumption.

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B. CONSISTENCY OF THIS COMPENDIUM WITH APPLICABLE FEDERAL LAW AND REQUIREMENTS

The Superintendent’s Compendium is not considered a significant rule requiring review by the Office of Management and Budget under Executive Order 12866. In addition, this Compendium will not have a significant economic effect on a number of small entities nor impose a significant cost on any local, state or tribal government or private organization, and therefore does not fall under the requirements of either the Regulatory Flexibility Act or the Unfunded Mandates Reform Act.

The actions and requirements described in this Compendium are found to be categorically excluded from further compliance with the procedural requirements of the National Environmental Policy Act (NEPA) in Department of the Interior (DOI) Guidelines 516 DM 6 and as such, an Environmental Assessment will not be prepared.

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C. DEVELOPMENT OF THE REQUIREMENTS OF THE SUPERINTENDENT’S COMPENDIUM

As outlined above, the NPS has broad authority and responsibility to determine what types of uses and activities are appropriate in any particular National Park System area. The requirements of the Superintendent’s Compendium are developed through an analysis and determination process. The decision criteria used during this process are:

1. Is the use or activity consistent with the NPS Organic Act and NPS policy?
2. Will the use or activity compromise employee or public safety?
3. Will the use or activity conflict with or be incompatible with traditional park uses and activities?
4. Will the use or activity disturb or be in conflict with wildlife, vegetation, and environmental protection actions and values?
5. Will the use or activity damage the park’s protected natural and cultural resources and other protected values?
6. Is the use or activity consistent and compatible with the park’s enabling legislation, management objectives, and corresponding management plans?

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D. APPLICABILITY OF THE COMPENDIUM

The rules contained in this Compendium apply to all persons entering, using, visiting or otherwise present on federally owned lands, including submerged lands, and waters administered by the NPS within the legislative boundaries of the park. This includes all waters subject to the jurisdiction of the United States, including all navigable waters.

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E. ENFORCEMENT OF COMPENDIUM REQUIREMENTS

NPS Law Enforcement Park Rangers enforce the requirements of the United State Code, 36 CFR, and this Superintendent’s Compendium.

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F. PENALTIES FOR NOT ADHERING TO THE COMPENDIUM REQUIREMENTS

A person who violates any provision of the regulations found in 36 CFR, Parts 1-7, or provisions of this Compendium, is subject to a fine as provided by law (18 U.S.C. 3571) up to $5,000 for individuals and $10,000 for organizations, or by imprisonment not exceeding six months (18 U.S.C. 3559), or both, and shall be adjudged to pay all court costs associated with any court proceedings. You may receive a list of fines associated with any particular provision by contacting the Chief Ranger at the park address found below.

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G. COMMENTS ON THE COMPENDIUM

The Compendium is reviewed annually and revised as necessary. The park welcomes comments about its program and activities at any time.
Written comments on the Compendium may be submitted to:

Superintendent
First State National Historical Park
211 Delaware St. New Castle, DE 19720

1. EFFECTIVE DATE OF THE SUPERINTENDENT’S COMPENDIUM

The Superintendent’s Compendium is effective on the approval date listed on the first page of this document and remains in effect until revised.

2. ADDITIONAL INFORMATION

Some of the terms used in this Compendium may have specific meaning defined in 36 CFR 1.4 Definitions.

3. AVAILABILITY

Copies of the Compendium are available at Park Headquarters located at 211 Delaware St., New Castle, DE 19720 and online at: www.nps.gov/frst/learn/management/superintendent-s-compendium.htm

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H. SUPERINTENDENT’S COMPENDIUM

In accordance with regulations and the delegated authority provided in Title 36, Code of Federal Regulations (“36 CFR”), Chapter 1, Parts 1-7, authorized by Title 16 United States Code, Section 3, the following provisions apply to all lands and waters administered by the National Park Service, within the boundaries of First State National Historical Park. Unless otherwise stated, these regulatory provisions apply in addition to the requirements contained in 36 CFR, Chapter 1,Parts 1-7.

Written determinations, which explain the reasoning behind the Superintendent’s use of discretionary authority, as required by Section 1.5(c), appear in this document identified by italicized print.

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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

Brandywine Valley

Open sunrise to sunset.
Justification: The park is considered a Day Use Area. With the exception of Brandywine Valley residents, guests of those residents, and traffic on through roads, the park will be closed before sunrise and after sunset.

Sheriff’s House

Closed to public access.
Justification: The building is under construction for rehabilitation and is considered unsafe.

Smith Bridge Picnic Area and Parking Lot

Open 6:00 a.m. - 6:00 p.mm. Memorial Day Weekend through Labor Day Weekend. Open sunrise to sunset for the remainder of the year. 

Justification: The park is considered a Day Use Area. With the exception of Brandywine Valley residents, guests of those residents, and traffic on through roads, the park will be closed before sunrise and after sunset. The 6:00 p.m. closure for the Smith Bridge area and the sunset closure for the rest of the park are necessary to maintain public safety, protect environmental and scenic values, and to protect natural and cultural resources

Ramsey's Farm

Open - 9:00 p.m.  

Justification: Visiting hours that extend beyond the Brandywine Valley sunset closure are permitted pursuant to an agritourism lease agreement as allowed by Master Lease Agreement.

 

Closures:

Emergency, environmental, and administrative closures

Unscheduled closures which do not appear in the annual Superintendent’s Compendium, are enacted under the authority of the Superintendent or their designee. Public notice of such closures will be through the use of signage at area access points, press releases, and information posted on the park website or social media pages.

Justification:  The park may at times need to enact unscheduled closures of the park, or restrict access to areas of the park, for public safety and the protection of park resources.

Rivers, creeks, and streams

All rivers, creeks, and streams within First State National Historical Park are closed to the use of any type of vessel, except that non-motorized vessels may use the following waterways under the conditions noted below:

All sections of the Brandywine Creek within park boundaries.The following conditions must be met:

• Vessels must be in good condition and rated for the classification of water users are intending to navigate.
• Dragging vessels on vegetation is prohibited.
• A personal flotation device must be worn while any vessel is underway by any boater 12 or under and must be within reach for all boaters in accordance with Delaware State Law
• Boaters must take precautions to ensure their vessel is free of invasive species.

Justification: The Superintendent has determined that management of the park’s rivers must meet the needs of all park users including but not limited to photographers, fishermen, and those wishing to see undisturbed sections of free-flowing river. By placing constraints on certain activities, each of the visitor groups can be accommodated, while providing for both visitor and resource protection. This action has been determined to be neither a major shift in policy nor a significant change to previous regulatory efforts. These restrictions and conditions are necessary to preserve the natural character of the rivers, creeks, and streams for public enjoyment and safety.

Possession of a glass container

Possession of a glass container within 50 feet of any riverbank, on the water, in a vessel, or at Smith Bridge Picnic Area and parking lot is prohibited.

Justification: This restriction is necessary for the protection of visitors who frequent these areas  with bare feet.

Fishing

Fishing is prohibited within 100 feet of any swimmer.

Justification: To reduce the hazard to swimmers by sharp hooks and lures cast by people fishing.

Swimming and Wadding Areas

The Brandywine Creek and its tributaries are designated as Swimming and Wading Areas. All other bodies of water within the park, including ponds, are closed to swimming and wading.

Justification: The Brandywine Creek and its tributaries are considered appropriate for swimming and wading, where possible. Other bodies of water, which include ponds on leased property, are closed to swimming and wading as they are located within areas with agricultural and residential leases and may conflict with those designated uses.

Closures due to flooding

Access points to the Brandywine Creek and trails proximate to the Brandywine Creek are closed to all public use when the creek reaches 8 feet or higher as measured at Chadd's Ford, PA/ NWS USGS. 8 feet is the Action Stage; the stage which, when reached by a rising stream, represents the level where the NPS and partners needs to take mitigating actions.

When the Brandywine Creek reaches a height of 8 feet or above, shoreline vegetation becomes submerged or partially submerged creating hazards that can catch people entrapping them. Currents increase and become unpredictable and turbidity due to run off reduces visibility in the creek to zero. Debris is swept into the creek from adjacent lands as they become flooded creating hazards to people and increases in the hydrograph and other potential hazards to public health from agricultural and other surface runoff. Swift water rescue operations in these conditions become extremely dangerous for emergency responders. Trail surfaces become unstable leading to potential slips, trips, or falls and also degrade the integrity of trail resources.

Justification: The Superintendent has determined that these closures are necessary for public health and safety.

Unmanned Aircraft

All areas of the park are closed to Unmanned Aircraft.

Launching, landing, or operating an unmanned aircraft from or on lands and water administered by the National Park Service within the boundaries of First State National Historical Park is prohibited except as approved in writing by the Superintendent. 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.

Justification: This public use limit is necessary to maintain public health and safety at First State National Historical Park and to protect park resources and values until the NPS can determine whether specific uses of unmanned aircraft on lands and waters administered by the NPS are appropriate and will not cause unacceptable impacts on park resources and values.When proposed park uses and the protection of park resources and values come into conflict, the protection of resources and values must be predominant.

ATVs, UTVs, and dirt bikes

The public use of ATVs, UTVs, and dirt bikes is prohibited.

All roads, lands, and waters within the park are closed to the operation of all-terrain 3- and 4- wheel cycles, off-road utility vehicles (UTV), and similar vehicles as defined by Delaware State Code Title 21 regardless of registration status. 

Under NPS management policies, (8.2.3.1), on-duty NPS employees or partners may use OHVs or UTVs on a case by case basis as part of their official work duties when the use of a UTV with specific advantages is essential to promoting efficiency for a project, promoting employee safety, and supporting parkwide sustainability goals. Under this allowance, staff will predominately use administrative roads within First State National Historical Park that are closed to the public and avoid public roads within First State National Historical Park whenever possible.  Lessees with approval as part of their lease agreement may also use ATVs and UTVs.

Justification: The recreational and general use of off-highway vehicles such as OHVs, ATVs UTVs, and other motorized conveyances manufactured for recreational non-highway, off-road, or  all-terrain travel poses a significant risk to park resources and conflicts with other park visitors and wildlife. These risks and conflicts cannot be appropriately mitigated or be sustained without causing unacceptable impacts. The use of such vehicles is, therefore, not consistent with the protection of the park. Use by on-duty First State National Historical Park employees will be limited to instances when other alternatives to an OHV/UTV are not available and the use of the OHV/UTV is essential to the project’s efficiency or employee safety such as hauling large amounts of heavy materials over rough terrain.

Parking

Parking is limited to NPS designated parking lots.

Justification: These closures are in effect to protect the cultural and natural resources of the park and to provide for public safety along the narrow roads throughout the park.

 

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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:

 

Picknicking

• Picnicking is not permitted on land leased to third parties. 
• Picknicking is not permitted in or beside Beaver Creek or anywhere along Beaver Dam Road.

Justification: Multiple leases exist within the park that allow for residential and agricultural use, these areas are maintained as part of the cultural landscape of the park; however, picnicking on these sites may result in violations of resident privacy or inhibit agricultural operations. Beaver Dam Road and the area surrounding Beaver Creek do not provide access to any parking or facilities and cannot safely and sustainably accommodate picnicking groups.  This public use limit is necessary to maintain public health and safety at First State National Historical Park and to ensure the activity will not cause unacceptable impacts on park resources and values. 

Trail Usage

• Trail usage at Brandywine Valley is restricted to trails and walkways designated and identified on the Brandywine Valley Trail Map attached as Appendix A.
• Leaving a trail or walkway to shortcut between portions of the same trail or walkway, or to shortcut between portions of the same trail or walkway is prohibited.
• Visitors may not cross or disturb fields in agricultural use. Public use and entry into any enclosed horse pasture within the park is prohibited.

Justification:  Restricting trail users to the park’s trails and walkways protects the natural and cultural resources of the park and crops and animals of lessees.

Horseback Riding

Horseback riding may only be done on the designated trails and grassy strips along the road frontage in the Brandywine Valley. See the Brandywine Valley on Appendix A. The Superintendent may require a special use permit for trail activities involving multiple horses on the same trail.

Justification: Restricting horseback riding to designated trails ensures visitor safety and protects the natural resources of the park.

Loading and Unloading Zones

Any parking space designated as a Loading/Unloading space is limited to 15-minute parking.

Justification: Smith Bridge Parking Lot is frequently over capacity during summer weekends. In the past, visitors would often drop-off in an unsafe manner on the side of the road, which resulted in traffic jams and pedestrians in active roadways. In order to ensure that visitors have safe access to Smith Bridge Picnic area, Loading/Unloading only spaces will be designated by park staff during traditionally busy times.The time limit will ensure that everyone has an equal opportunity to safely load and unload at Smith Bridge Parking Lot.

Passenger Carrying Busses

Engines must be shut down when not underway.

Justification: The idling of bus engines adds unnecessary exhaust fumes to the air and diminishes the enjoyment by visitors of the peace and tranquility of the park. Due to the nature of the service provided by shuttle busses, they are excluded from this requirement.

Masks

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.

 

36 CFR §1.6 – ACTIVITIES THAT REQUIRE A PERMIT

(f) The following is a compilation of those activities for which a permit from the superintendent is required:

• §1.5(d) The activities related to Public Use Limits and closures
• §2.4(d)(1) Carry or possess weapons, traps, or nets to support research activities conducted in accordance with §2.5
• §2.5(a) Research specimen collection
• §2.11 Picnicking groups of 30 or more
• §2.12 Audio Disturbances:
  (a)(2) Operating a power saw in developed areas(a)(3) Operation of any type of portable motor or engine, or device powered by a portable motor or engine in non-developed areas (e.g., portable generator)(a)(4) Operation of a public address system in connection with a public gathering or special event for which a permit has been issued pursuant to §2.50 or §2.51
• §2.17 Aircraft and Air Delivery:
  (a)(3) Delivery or retrieval of a person or object by parachute, helicopter, or other airborne means
• §2.37 Soliciting or demanding gifts, money goods, or services (pursuant to the terms and conditions of a permit issued under §2.50, §2.51, or §2.52)
• §2.38 Explosives:
  (a) Use, possess, store, or transport explosives, blasting agents, or explosive materials(b) Use or possess fireworks and firecrackers
• §2.50(a) Special Events: Conduct a sports event, pageant, regatta, public spectator attraction, entertainment, ceremony, and similar events (e.g., weddings).
• §2.51(a) Public assemblies, meetings, gatherings, demonstrations, parades, and other public expressions of views by groups greater than 25 persons.
• §2.52(b) Sale or distribution of printer matter by groups greater than 25 persons.
• §2.61(a) Residing on Federal lands (use and occupancy).
• §2.62 Memorialization:
  (a) Erection of monuments (requires approval from regional director).
  (b) Scattering ashes from human cremation.
• § 3.14 Removal of a vessel and its cargo.
• §3.19 Use of manned or unmanned submersibles.
• §5.1 Advertisements (display, posting, or distribution).
• §5.3 Engaging in or soliciting any business - requires a permit (CUA, SUP), contract, or other written agreement with the United States, or must be pursuant to special regulations.
• §5.5 Commercial Photography/Filming
  (a) Commercial filming of motion pictures or television involving the use of professional casts, settings or crews, other than bona fide newsreel or news television
  (b) Still photography of vehicles, or other articles of commerce or models for the purpose of commercial advertising.
• §5.7 Construction of a building, or other structure, boat dock, road, trail, path, or other way, telephone line, telegraph line, power line, or any other private or public utility, upon, across, over, through or under any park areas
• §6.9(a) Operation of a solid waste disposal site.

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36 CFR §2.1 – PRESERVATION OF NATURAL, CULTURAL AND ARCHEOLOGICAL RESOURCES

(c)(1), (c)(2) The following fruits, nuts, berries or unoccupied seashells 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:

Edible species of fruits, nuts, mushrooms, and berries may be gathered by hand for daily personal consumption in amounts not to exceed one pint, per person, per day. Collection for commercial purposes is prohibited.

Justification: Those natural items enumerated are not endangered or rare, and are present in such quantities that the gathering or consumption thereof will not adversely affect park wildlife, reproductive potential of the species, or otherwise adversely affect park resources.

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36 CFR §2.2 – WILDLIFE PROTECTION

(d) The following conditions and procedures for transporting lawfully taken wildlife through the park area are in place:

Transporting or tracking wildlife through First State National Historical Park is limited to:

• Transport directly through the park on State or County roads, without stopping on park roads or parking lots
• Requests to track onto NPS land will be considered on a case-by-case basis
• Notification is required to be made of any animal known or suspected to be injured or deceased on National Park Service property resulting from hunting activities outside of the park boundary.

• Information must be provided to either e-mail us or [phone]
• Information required: date, time, specific location, species, hunter name, contact information

Justification: Public hunting is prohibited under §2.2(a)(1). To ensure no confusion between wildlife illegally hunted within the park and wildlife legally hunted elsewhere, the transport of wildlife thorough the park is limited to vehicles not stopped within park boundaries, but instead strictly passing through the park.

(e) The following areas are closed to the viewing of wildlife with the use of an artificial light:

All areas within the park are closed to viewing wildlife with any type of artificial light.

Justification: Prohibiting the use of artificial lights prevents disruption to the natural habitat and minimizes the potential for the illegal taking of wildlife.

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36 CFR §2.11 – PICNICKING

Conditions for Picnicking:

• The use of portable showers and toilets are prohibited.

• The use of portable generators is prohibited.
• Trash must be disposed of properly and packed out when no trash receptacles are available.
• Permits are required for groups of 25 or more.

Justification: Soapy runoff, human waste, and gray water disposal directly on the ground is inconsistent with maintaining a natural park environment. Gray water is a waste product that may contain chemicals or other pollutants that may harm the sensitive ecosystem and disrupt natural processes. Showers with catch basins are still challenged to dispose of runoff without impacting the natural environment. Gas generators cause a public disturbance and inhibit visitors from enjoying the natural park setting.

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36 CFR 2.13 – FIRES

(a)(1) The lighting or maintaining of fires is prohibited, except in the following areas and/or receptacles, under the conditions noted:

Designated Areas:

• Smith Bridge Picnic Area

Receptacles Allowed:

• Fires are permitted in contained grills, portable stoves, and portable barbecues within designated picnic areas.

Justification: The use of fires in the park is regulated to protect structures, natural resources, and the public.

(b) Conditions for extinguishing fires

• All fires must be completely extinguished and with no burning material remaining prior to leaving.

• All ashes/coals must be thoroughly extinguished and cooled and then removed from the park or placed in a trash receptacle.

• All trash within park provided grills must be removed and properly disposed of.

Justification: Because of the problems associated with disposal of hot coals from charcoal grills, the Superintendent has established these restrictions for public health and safety and the protection of natural resources.

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36 CFR §2.15 – PETS

(a)(5) Pet excrement must be disposed of in accordance with the following conditions:

Owners or persons having custody or control of any animal(s) will immediately remove and dispose of excrement voided by an animal(s) under their control. Excrement will be properly disposed of in trash containers.

Justification: Managing pet excrement is necessary to protect human and pet health and safety.

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(e) Pets may be kept by park residents under the following conditions:

• Wildlife shall not be kept in violation of state or federal law

• Excessive noise or offensive conditions created by any pet are prohibited

Justification: The park’s cultural landscape consists of bucolic farms and settings.These restrictions prevent damage those protected natural and cultural resources and other protected values.

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36 CFR §2.35 – ALCOHOLIC BEVERAGES AND CONTROLLED SUBSTANCES

(a)(3)(i)The following public use areas, portions of public use areas, and/or public facilities within the park are closed to consumption of alcoholic beverages, and/or to the possession of a bottle, can or other receptacle containing an alcoholic beverage that is open, or has been opened, or whose seal has been broken or the contents of which have been partially removed:

All park buildings and grounds that are not under a lease.

Justification: The park is closed to alcohol consumption because such activity is inappropriate considering the other uses of the park and the purpose for which the park was established and is maintained.

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36 CFR §2.51 – DEMONSTRATIONS

(c)(1) The following location is available on a first-come, first-served basis for First Amendment activities that do not require a Special Use Permit:

The grassy area at the north end of the Ramsey Parking Lot (approx. 289 Ramsey Road, directly across from the entrance to Ramsey Farm), within the area bound by Ramsey Run to the north and west, and large rocks placed along Ramsey Road to the south and east.

(c)(2) The designated area map may be obtained at:

Brandywine Valley Ranger Station 400 Ramsey Road, Wilmington DE 19803

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36 CR §4.10 – TRAVEL ON PARK ROADS AND ROUTES

(c)(1) Operating a motor vehicle not equipped with pneumatic tires is prohibited, except that a track-laying motor vehicle or a motor vehicle equipped with a similar traction device may be operated on one of the following routes designated for these vehicles:

On dirt roads and, on a more limited basis, park trails and only for administrative and agricultural use

Justification: The park has approximately 300 acres of agricultural use, which may necessitate tracked vehicles at times. Similarly, those vehicles may be required for administrative projects, including trail maintenance. Any other use is prohibited, as the vehicles generally may cause damage to the resource.

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36 CFR §4.30 – BICYCLES

E-bikes. 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 First State National Historical Park 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 First State National Historical Park is governed by State law, which is adopted and made a part of this Compendium.

(f) Closures and other use restrictions

All bicycle and e-bike riders on any park road or parking area must:

• Control your bicycle
• All bicyclists and e-bike riders must yield to other users in the following manner:

• A bicyclist or e-bike rider must yield to an equestrian

• A bicyclist or e-bike rider must yield to a pedestrian

• A bicyclist or e-bike rider travelling downhill must yield to a bicyclist or e-bike rider travelling uphill.

• Yielding the right of way requires slowing down to a safe speed, being prepared to stop, establishing communication and passing safely

• Failure to yield is prohibited

Justification: This provision is enacted for the safety of visitors and to lessen potential visitor impacts on the cultural and natural resources of the park.

(h)(6) State Law adopted by this section

Delaware and Pennsylvania State helmet laws apply to all bicyclists within the park within those respective states.

 

A map of the Brandywine Valley showing the trails and the residences within the boundaries.

NPS Photo