Superintendent’s Compendium of Designations, Closures, Permit Requirements and Other Restrictions Imposed Under Discretionary Authority.
Approved: Aaron LaRocca, Superintendent, January 26, 2024.
A. INTRODUCTION
1. Superintendent’s Compendium Described
The Superintendent’s Compendium is the summary of park specific rules implemented under 36 Code of Federal Regulations (36 CFR). It serves as public notice, identifies areas closed for public use, provides a list of activities requiring either a special use permit or reservation, and elaborates on public use and resource protection regulations pertaining specifically to the administration of the park. The Superintendent’s Compendium does not repeat regulations found in 36 CFR and other United States Code and CFR Titles, which are enforced without further elaboration at the park level.
The regulations contained in 36 CFR, Parts 1-7, are the basic mechanism used by the National Park Service (NPS) to preserve and protect the natural and cultural resources of the park and to protect visitors and property within the park. Parts 1 through 6 are general regulations applicable to all areas of the National Park system, and Part 7 contains special regulations specific to individual parks. Each of these Parts has many sections and subsections articulating specific provisions. Within some of these Part 1-7 sections and subsections, the Superintendent is granted discretionary authority to develop local rules to be responsive to the needs of a specific park resource or activity, park plan, program, and/or special needs of the general public.
As an example, 36 CFR 1.5(a) Closures and Public Use Limits provides the Superintendent certain discretion in allowing or disallowing certain activities. The authority granted by the Section, however, requires the Superintendent to comply with the Administrative Procedures Act (6 USC Section 551), which requires public notice on actions with major impact on visitor use patterns, park resources or those that are highly controversial in nature.
Another example is 36 CFR 1.6 Permits, which allows the Superintendent to require a permit for certain uses and activities in the park. This Section, however, requires that a list of activities needing a permit (and a fee schedule for the various types of permits) be maintained by the park.
A final example is 36 CFR 2.1(c) (1) Preservation of Natural, Cultural and Archeological Resources, which provides the Superintendent the authority to designate certain fruits, nuts, berries or unoccupied seashells which may be gathered by hand for personal use or consumption. This activity can occur, however, only if a written determination shows that the allowed activity does not adversely affect park wildlife, the reproductive potential of a plant species, or otherwise adversely affect park resources.
This Compendium should be used in conjunction with Title 36 CFR, Parts 1-7, to more fully understand the regulations governing the use and enjoyment of all the areas of the National Park System.
A copy of Title 36, CFR, can be purchased from the U.S. Government Printing Office at:
Superintendent of Documents
P.O. Box 371954
Pittsburgh, PA 15250-7954
The CFR is also available on the Internet at:
http://www.access.gpo.gov/nara/cfr/waisidx_05/36cfrv1_05.html
2. Laws and Policies Allowing the Superintendent to Develop This Compendium: The National Park Service (NPS) is granted broad statutory authority under 54 United States Code (U.S.C.) § 10010 (a)(formerly 16 U.S.C. 1a-1, “Organic Act”). §100101 states: “The Secretary, acting through the Director 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. In addition, 54 U.S.C. § 100175(a) allows the NPS, through the Secretary of the Interior, “to make such regulations as the Secretary considers necessary or proper for the use and management of the System units. ”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, 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 further reaffirms, declares, and directs that the promotion and regulation of the various areas of the National Park System, as defined by Section 1 of this Title, shall be consistent with and founded in the purpose established by Section 1 of this Title, to the common benefit of all people of the United States.” §100101 Section (b)(1)(A) defines the National Park System as”…the National Park Service, which began with the establishment of Yellowstone National Park in 1872, has since grown to include superlative natural, historic, and recreation areas in every major region in the United States and its territories and possessions. ”In addition to the above statutory authority, the Superintendent is guided by established NPS policy as found in the NPS Management Policies (2006). The Superintendent is also guided by more specific policies promulgated by the Director, National Park Service, in the form of Director’s Orders. As stated in the Management Policies, the primary responsibility of the NPS is to protect and preserve our national natural and cultural resources while providing for the enjoyment of these resources by visitor and other users, as long as use does not impair specific park resources or overall visitor experience. The appropriateness of any particular visitor use or recreational experience is resource-based and will vary from park to park; therefore, a use or activity that is appropriate in one park area may not be appropriate in another. The Superintendent is directed to analyze overall park use and determine if any particular use is appropriate. Where conflict arises between use and resource protection, where the Superintendent has a reasonable basis to believe a resource is or would become impaired, than that Superintendent is obliged to place limitations on public use.
3. Consistency of This Compendium with Applicable Federal Law and Requirements The Superintendent’s Compendium is not considered a significant rule requiring review by the Office of Management and Budget under Executive Order 12866. In addition, this Compendium will not have a significant economic effect on a number of small entities nor impose a significant cost on any local, state or tribal government or private organization, and therefore does not fall under the requirements of either the Regulatory Flexibility Act or the Unfunded Mandates Reform Act. The actions and requirements described in this Compendium are found to be categorically excluded from further compliance with the procedural requirements of the National Environmental Policy Act (NEPA) in Department of the Interior (DOI) Guidelines 516 DM 6 and as such, an Environmental Assessment will not be prepared.
4. Development of the Requirements of the Superintendent’s Compendium As outlined above, the NPS has broad authority and responsibility to determine what types of uses and activities are appropriate in any particular National Park System area. The requirements of the Superintendent’s
Compendium are developed through an analysis and determination process. The decision criteria used during this process are:
• Is there use or activity consistent with the NPS 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 the park’s protected natural and cultural resources and other protected values?
• Will the use or activity disturb or be in conflict with wildlife, vegetation, and environmental protection actions and values?
• Will the use or activity conflict with or be incompatible with traditional park uses and activities?
• Will the use or activity compromise employee or public safety?
5. Applicability of the Compendium The rules contained in this Compendium apply to all persons entering, using, visiting or otherwise present on Federally owned lands, including submerged lands, and waters administered by the NPS within the legislative boundaries of the park. This includes all waters subject to the jurisdiction of the United States, including all navigable waters.
6. Enforcement of Compendium Requirements NPS Law Enforcement Park Rangers enforce the requirements of the United State Code, 36 CFR, and this Superintendent’s Compendium.
7. Penalties for Not Adhering to the Compendium Requirements A person who violates any provision of the regulations found in 36 CFR, Parts 1-7, or provisions of this Compendium, is subject to a fine as provided by law (18 U.S.C. 3571) up to $5,000 for individuals and $10,000 for organizations, or by imprisonment not exceeding six months (18 U.S.C. 3559), or both, and shall be adjudged to pay all court costs associated with any court proceedings. You may receive a list of fines associated with any particular provision by contacting the Chief Ranger at the park address found below.
8. Comments on the Compendium The Compendium is reviewed annually and revised as necessary. The park welcomes comments about its program and activities at any time. Written comments on the Compendium may be submitted to: Superintendent Guilford Courthouse National Military Park2332 New Garden Road Greensboro, NC 27410
9. Effective Date of the Superintendent Compendium The Superintendent’s Compendium is effective on the approval date listed on the first page of this document, and remains in effect until revised for a period up to one year.
10. Additional Information Some of the terms used in this Compendium may have specific meaning defined in 36 CFR 1.4 Definitions.
11. Availability Copies of the Compendium are available at the visitor center, located at 2332 New Garden Road Greensboro, NC 27410. The Compendium may also be found at https://www.nps.gov/guco/learn/management/lawsandpolicies.htm
Laws & Policies - Guilford Courthouse National Military Park (U.S. National Park Service)
www.nps.gov
B. SUPERINTENDENT’S COMPENDIUM
In accordance with regulations and the delegated authority provided in Title 36, Code of Federal Regulations (“36 CFR”), Chapter 1, Parts 1-7, authorized by Title 16 United States Code, Section 3, the following provisions apply to all lands and waters administered by the National Park Service, within the boundaries of Guilford Courthouse National Military 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.
I. 36 CFR §1.5 – VISITING HOURS, PUBLIC USE LIMITS, CLOSURES, AND AREA DESIGNATIONS FOR SPECIFIC USE OR ACTIVITIES
(a)(1) The following visiting hours and public use limits are established for all or for the listed portions of the park, and the following closures are established for all or a portion of the park to all public use or to a certain use or activity: Visiting Hours:
• Visitor Center
o Open five days a week Wednesday through Sunday from 9:00 a.m. to 5:00 p.m. Eastern Time, weather permitting. The Visitor Center will also be open on federal holidays that occur on Monday and Tuesday except Christmas Day and New Year’s Day.
o Closed Thanksgiving Day, Christmas Day, and New Year’s Day.
o Closing hours may be changed at the discretion of the Superintendent.
Determination: The visitor center hours of operation are based upon and consistent with available personnel and visitor use trends and needs.
• Visitor Center and Hoskins Farmstead Parking Lots
o Open seven days a week from 8:30 a.m. to 5:00 p.m. Eastern Time, weather permitting.
o Closed Thanksgiving Day, Christmas Day, and New Year’s Day.
o Closing hours may be changed at the discretion of the Superintendent.
o All vehicles must be removed from the parking lots by 5:00 p.m.
o The Visitor Center parking lot may be closed at other times for special events and/or emergencies.
Determination: The visitor center parking lot is designed to provide parking to the public who are visiting the park.
• Gated Entrances
o The entrance gates along the park’s tour road are open from 8:30 a.m. to 5:00 p.m.
o All vehicles must be outside the tour road by 5:00 p.m.
o These hours may be changed at the discretion of the Superintendent.
Determination: The closure of park gates provides for the protection of unattended facilities and historic properties. Public Use Limits:
• Day Use Only
o The grounds (excluding all facilities) are designated as “Day Use” only.
o Public visitation to all park property is prohibited from sunset to sunrise.
Determination: The closure of park gates provides for the protection of unattended facilities and historic properties.
• Overflow Parking Lot
o The overflow parking lot on Old Battleground Road is designated as “Day Use” only.
o Vehicles are prohibited in the overflow parking lot from sunset to sunrise, seven days a week.
o Parking lot closing hours may be changed at the discretion of the Superintendent.
o The overflow parking lot may be closed at other times for special events and/or emergencies.
Determination: The Overflow Parking Lot is closed from sunset to sunrise for the protection of unattended facilities and historic properties.
• Social Gatherings
o Social gatherings or sports activities conducted within vehicle parking lots or roadside pull-offs are prohibited.
o Parking lots and roadside pull-offs are reserved for those persons using the visitor center, trail system, and interpretive facilities at Guilford Courthouse NMP.
Determination: These recreational uses conflict with the legislated purpose of the park, detract from the historic scene, and contribute to the destruction of the historic fabric of the park. The entire park is considered a historic area and is of primary importance in preserving the battlefield’s historic significance.
• Parking at Tour Stops 2-8
o Vehicles are not allowed to remain parked in the parking lots at tour stops two through eight for more than one hour daily.
Determination: The existing parking facilities are limited and do not provide adequate space except for visitor use. Restricting use and placing time limits will help eliminate illegal or inappropriate use of the park.
Closures:
• The Maintenance building, the one-story building in the superintendent’s complex is closed to visitor use.
Determination: The park maintenance area contains equipment, tools, supplies, and materials which are not available to the public for security and safety reasons. There is no portion of the park historical interpretation program that takes place in this area.
• Temporary Closures
o During emergency situations such as ice, snow, etc., park roads, parking lots, visitor centers and grounds may be temporarily closed without advance notice.
Determination: Closure of park roads during inclement weather would prevent accident and injuries. In addition, the park is not equipped to clear heavy ice and snow accumulations from roadways.
Prohibited Recreational Activities:
• Recreational type activities such as ball playing, sunbathing, kite flying, Frisbee throwing, and similar activities are prohibited within the park’s boundary. Picnicking is prohibited in the park except for designated areas, adjacent to the tour stops and at Hoskins Farmstead.
Determination: Those recreational uses not permitted conflict with the legislated purpose of the park, detract from the historic scene, and contribute to the destruction of the historic fabric of the park. The entire park is considered a historic area and is of primary importance in preserving the battlefield’s historic significance.
• Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of Guilford Courthouse NMP is prohibited except as approved in writing by the superintendent.
Definition: The term “unmanned aircraft” means a device that is used or intended to be used for flight in the air without the possibility of direct human intervention from within or on the device, and the associated operational elements and components that are required for the pilot or system operator in command to operate or control the device (such as cameras, sensors, communication links.) This term includes all types of devices that meet this definition (e.g. model airplanes, quadcopters, drones) that are used for any purpose, including for recreation or commerce. Determination: Until the NPS can determine whether specific uses of unmanned aircraft are appropriate and will not cause unacceptable impacts on park resources and values, Guilford Courthouse NMP is closed to the use of these devices unless approved in writing. The use of unmanned aircraft within the boundaries of Guilford Courthouse NMP has the potential to harm visitors, disturb wildlife, impact viewsheds, cause excessive noise, and interfere with other visitors' enjoyment of the area. This closure is being implemented as an interim measure while this new use can be properly evaluated. A less restrictive approach is not appropriate at this time due to the impacts the devices could potentially present to visitor safety, park values, and to park resources. The interim closure will safeguard these values while the NPS considers how to address this new use on a long-term basis.
• All-Terrain Vehicles (ATV’s) or Similar Devices
o Unauthorized All-terrain vehicles (ATV), utility terrain vehicles (UTVs), motorized vessels and any other type of motorized conveyance manufactured for recreational, non-highway, off-road or all terrain travel within the park boundaries is prohibited.
o Similar devices include but is not limited to 3 or 4 wheelers, mini-bikes, dirt bikes, motorized trail cycles, go-karts, segways, and scooters.
Determination: Guilford Courthouse NMP roadways are not designated for off-road vehicle use. ATV’s, and similar devices, are manufactured for recreational, non-highway, off road, or all terrain travel and would not be an appropriate use for a motor roadway or on park trails. Off road use is also prohibited for the protection of natural and cultural resources; to prevent harassment of wildlife, habitat destruction and to eliminate conflicts with visitors using allowed conveyances.
• Non-Motorized Hobbies: The park is closed to the use of non-motorized hobbies such as but not limited to radio-controlled gliders, sail planes, motorized aircraft, boat, and vehicle models, and model rockets.
Determination: Such activities are considered inappropriate in Historical Interpretive Areas and would constitute a danger to public safety. The use of propellant propelled model rocket is also a fire danger.(a)(2) – Designate areas for a specific use or activity or impose conditions or restrictions on a use or activity.
II. 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:
• §2.10 Camping
• §2.12 Audio Disturbances:
o (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
• §2.37 Soliciting (Pursuant to the terms and conditions of a permit Issued under §2.50, §2.51 or §2.52) or demanding gifts, money, goods, and services.
• §2.38 Using or possessing explosives
• §2.5 Specimen collection (Taking plant, fish, wildlife, rocks or minerals)
• §2.50(a) Special events such as a sports event, pageant, regatta, public spectator attraction, entertainment, ceremony, and similar events
• §2.51(a) Public assemblies, meetings, gatherings, demonstrations, parades, and other public expressions of views that have a group of more than 25 people
• §2.51(c) Distribution or Sale of printed matter that is not solely commercial advertising
• §2.62 Memorialization
o (a) Erection of monuments (Requires approval from Regional Director).
o (b) Scattering ashes from human cremation.
• §4.11 Exceeding established vehicle load, weight, and size limits.
• §5.1 Advertisements - (Display, posting or distribution.)
• §5.2(b) Sale of intoxicants in park areas.
• §5.3 Engaging in or soliciting any business (requires a permit, contract, or other written agreement with the United States).
• §5.5 Commercial Photography:
o (a) Still photography of vehicles, or other articles of commerce or models for the purpose of commercial advertising.
• §5.7 Any construction on Federal property
Determination: The listed activities are required by law (36 CFR) to acquire a Special Use Permit or Commercial Use Authorization. Please contact the Superintendent’s Office for a permit application. Permit systems authorized and issued pursuant to specific regulations in this chapter, except §1 .5, need not be supported by a written determination unless required by the specific authorizing regulation {48 FR 30262}.
III. GENERAL REGULATIONS
36 CFR §2.1 – PRESERVATION OF NATURAL, CULTURAL AND ARCHEOLOGICAL RESOURCES
(a)(4) Using or possessing wood gathered from within the park area:
• Collecting dead wood on the ground is allowed only for the purpose of providing fuel for campfires during park sponsored programs or park approved service projects.
Determination: Dead and downed wood is plentiful in the park. Due to the high risk of uncontrolled fire, fires are permitted only at park sponsored events and therefore, the use of dead wood for fires is limited to those events. Restricting the collection of dead wood by private individuals for personal use reduces the risk of damage to natural and cultural resources.
(b) Hiking Off of Designated Trails
• All pedestrian traffic within the park must remain on designated trails or roads. The Superintendent may issue a special use permit to authorized groups allowing them to travel off of designated trails and roads. Pedestrians are permitted to be off trails and pavement in mowed lawn areas only.
Determination: Requiring all pedestrian traffic to remain on designated trails will protect the natural resources from their impacts, protect archeological resources, insure historical integrity throughout the park, and protect visitors from environmental dangers such as copperhead snakes, poison ivy, and yellow jackets, all of which are common in the park.
36 CFR §2.10 – CAMPING AND FOOD STORAGE(a) The superintendent may require permits, designate sites or areas, and establish conditions for camping.
• Camping is prohibited except in conjunction with park sponsored programs or park approved service projects.
Determination: The park does not contain any facilities appropriate for reserved camping. Participants in organized, park sponsored organized living history presentations will be permitted to camp in the park to portray accurate Revolutionary War conditions to visitors. Park approved service related groups may also be permitted to camp.
36 CFR §2.11 – PICNICKING The superintendent may establish conditions for picnicking in areas where picnicking is allowed. Picnicking in violation of established conditions is prohibited.
• Picnicking will be allowed in the areas directly adjacent to the seven automobile tour stops along the tour road and at Hoskins Farmstead. Picnicking will be limited to small groups (provide number) and of in short duration (1 hour or less). Blankets are acceptable whereas: tables, chairs, grills, pop-ups tent and other devices are not permitted in these areas. Picnicking is prohibited in all other areas of the park.
Determination: Picnicking in historical interpretation areas detracts from the park’s historic theme. Picnicking / luncheon areas are available at Greensboro County Park adjacent to the national military park. If picnicking adjacent to the seven auto stops creates a problem this activity can be terminated.
36 CFR §2.13 – FIRES2.13 (a) (1) Lighting or maintaining a fire is prohibited, except in designated areas or receptacles and under conditions that may be established by the superintendent.
• Fires are prohibited except in conjunction with park sponsored programs or park approved service projects. Any approved group must ensure proper safeguards are taken to adequately control the fire.
Determination: Uncontained fires present a safety hazard. Accommodations and facilities for activities such as fires or camping do not exist in the park. Accurate representation of Revolutionary War living conditions sometimes requires a controlled open fire.
36 CFR §2.15- PETS2.15(a)(1) All areas are closed to the possession of pets, excluding service animals, with the following exceptions: Pets are permitted in the following areas:
o Tour Road
o Visitor Center Parking Lot
o Overflow Parking Lot
o Connector Trail between Visitor Center Parking Lot and Overflow Parking Lot
Service animals are an exception to most pet restrictions and are allowed on trails and in public buildings. A service animal means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. A service animal must be harnessed, leashed, or tethered at all times, unless (1) these devices interfere with the service animal’s work, or (2) the individual’s disability prevents them from using these devices. In those cases, the individual must maintain control of the animal through voice, signal, or other effective means. Determination: The superintendent has established the following regulations and closures for public safety, protection of environmental and scenic values, and protection of wildlife, pets, and natural resources. Pets must be leashed at all times. ESA (Emotional Support Animals) are not deemed Service Animals and are therefore prohibited in the Visitor Center and other office buildings. 2.15 (a) (5) Pet excrement shall be removed by the pet owner/handler from all public use areas.
• All persons visiting the park and accompanied by a pet are responsible for disposal of the pet’s excrement. 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 an appropriate outdoor container.
Determination: The park receives a large amount of visitation from pet owners and their pets. In the past, pet excrement was allowed to remain on the battlefield. An unhealthy and problematic condition occurred. In order to facilitate visitor compliance, the park has placed excrement disposal bag dispensers and waste containers throughout the park for public use. Violation will result in monetary penalties.
36 CFR §2.21 – SKATING, SKATEBOARDS, AND SIMILAR DEVICES(a) Using roller skates, skateboards, roller skis, coasting vehicles, or similar devices is prohibited, except in designated areas.
• The Superintendent has not designated any areas for the use of roller skates and similar devices. Using roller skates, in-line skates, skateboards, long boards, roller skis, coasting vehicles, or similar devices (in-line skates) is prohibited in all areas of the park.
Determination: The use of these devices creates a safety hazard for both vehicle traffic as well as pedestrians. They would also detract from the historical integrity of the park. Therefore there are no designated roller skating areas at this site.
36 CFR §2.21 – SMOKING(a) Smoking and use of electronic cigarettes, personal vaporizers, or electronic nicotine delivery systems are prohibited at or inside all facilities.
• The Government recognizes the right of employees to smoke as long as nonsmokers are protected against involuntary exposure to smoke.
• Smoking is permitted out of doors but not within 20 yards of any building.
Determination: Smoking in Federal facilities is prohibited.
36 CFR §2.35 –ALCOHOLIC BEVERAGES and CONTROLLED SUBSTANCES(a)(3) All areas in the boundaries of Guilford Courthouse National Military Park are closed to the consumption of alcoholic beverages with the exception of park employee residences and functions or events at the discretion of the superintendent. Determination: Behavior induced by the consumption of alcoholic beverages may at times impede the enjoyment of the park by others, detract from the historic fabric and intended purpose of the park, and lead to criminal activity. The park and the highly populated neighborhoods in direct proximity to the park are located within the city limits of Greensboro, North Carolina. This restriction is consistent with Greensboro City Parks.
36 CFR §2.51 – DEMONSTRATIONS AND DESIGNATED AVAILABLE PARK AREAS Public assemblies, meetings, gatherings, demonstrations and other public expressions of views will be allowed if a permit has been issued in accordance with 36 CFR 2.51 and at locations designated to balance the
needs of persons to express their views and the needs of Park visitors to enjoy the Park and its resources.
• The following locations are available for public assemblies:
o The north end of the overflow parking lot adjacent to Old Battleground Road (see map in Appendix A).
• These areas may be used for public demonstrations, provided that groups of more than 25 people obtain a permit from the Superintendent’s office at least 14 business days prior to the date of the event.
• Demonstrations by 24 or fewer persons may be conducted without a permit (Boardley v. DOI, 2010). The activity must not conflict with any scheduled NPS function or program.
Determination: The area designated is large enough to accommodate multiple use including public assemblies. This location meets the requirements outlined in 36 CFR sections 2.51(e) 1-5 as to not damage the resource, interfere or impair any government or public activity or endanger any persons. 36 CFR §2.52 – SALE OR DISTRIBUTION OF PRINTED MATTER The sale or distribution of printed matter will be limited to the north end of the overflow parking lot adjacent to Old Battleground Road (see map in Appendix A). Individuals/groups must obtain a permit from the Superintendent’s office at least 14 business days prior to the date of the event. The sale of printed matter by 25 or fewer persons may be conducted without a permit (Boardley v. DOI, 2010). Location of such sale or distribution will be limited to those areas allowed by the superintendent. Determination: The area designated is large enough to accommodate multiple uses, including the distribution of printed matter. This location meets the requirements outlined in 36 CFR sections 2.51(e) 1-5 as to not damage the resource, interfere or impair any government or public activity or endanger any persons.
IV. Vehicle and Traffic Safety
36 CFR §4.11 – LOAD, WEIGHT AND SIZE LIMITS Commercial trucks are prohibited on New Garden Road. Determination: Due to the narrow roadway on New Garden Road, restricting commercial truck access on the road will protect the roadway and provide for the safety and welfare of the public. 36 CFR §4.21 – SPEED LIMITS(b) The following speed limits are established for roads within the park:
• The park tour road is 15 mph.
• The section of New Garden Road within the park is 25 mph.
• The section of Old Battleground Road within the park is 30 mph.
Determination: Speed limits are set consistent with visitor traffic and special road conditions that include narrow lanes, curves and hills. Speed limits can and will be changed at the discretion of the Superintendent for public safety.
36 CFR §4.30(i) – BICYCLES and ELECTRIC BICYCYLES(a) Bicycles and electric bicycles are allowed on park roads and in parking areas that are open to motor vehicle use by the public; and on the following trails:
• the Bicentennial Greenway connector trail between tour stops eight and three, which runs parallel to Old Battleground Road;
• the marked, paved trail passing the park Visitor Center and the First Line; and
• the paved connector trail between the tour road and City of Greensboro Country Park.
Bicycles are allowed on park roads and in parking areas under 36 CFR 4.30(a).The Superintendent designated the Bicentennial Greenway and marked, paved trail passing through the park Visitor Center and the First Line for bicycle use after a planning process that evaluated the impacts of bicycle
use on the trail pursuant to 36 CFR 4.30. On September 24, 2021, the Superintendent designated park roads and parking areas, Bicentennial Greenway connector trail, the marked, paved trail passing the park Visitor Center and the First Line, and the paved connector trail between the tour road and City of Greensboro Country Park as open to electric bicycles using the discretionary authority given to the Superintendent under 36 CFR 4.30(i).An electronic bike is defined as a two- or three-wheeled cycle with fully operable pedals and an electric motor of not more than 750 watts (1 h.p.) that provides propulsion assistance Allowing electric bicycles on public roads and in parking areas will create new opportunities for recreation and access in the park. It will not create any adverse impacts to park visitors, resources, or values due to the existing use of these locations by motor vehicles and bicycles. This action is covered by the categorical exclusion 3.2E in the NPS NEPA Handbook. Allowing electric bicycles on the Bicentennial Greenway connector and marked, paved trail passing through the park Visitor Center and the First Line, and paved connector with Country Park will provide new opportunities for recreation and access within the park and provide additional benefits. This action is covered by categorical exclusion 3.3.D.2 in the NPS NEPA Handbook. The following restrictions apply to the use and operation of bicycles and electronic bicycles in the park:
• Bicycles and electronic bicycles must follow established speed limits.
• The maximum number of bicyclists or e-bicyclists in any one group is five. Larger groups must divide into groups not larger than five.
• Bicycles and electronic bicycles are prohibited on all foot trails and unpaved roads.
Determination: Bicycle and electronic bicycle use on public roads and parking areas as well as the Bicentennial Greenway connector trail and other widened, designated trails provides opportunities for recreation and access within the park without creating any adverse impacts to park visitors, resources, or values.
VII. Filming and Photography
A. 36 CFR §5.1(a) - Motion Pictures and Television
Under P.L. 106-206 all commercial filming requires a permit and is subject to a location fee and cost recovery. Commercial filming is defined as digital or film recording of a visual image or sound recording by a person, business, or other entity for a market audience, such as for a documentary, television or feature film, advertisement, or similar project; it does not include news coverage or visitor use. All commercial filming, including filming exterior locations within the park and filming within park buildings, requires a written permit.
Filming and photography – whether commercial or noncommercial – will be allowed within the park provided that the activity is consistent with the park’s purpose and does not:
• pose a potential threat to park resources
• create an unsafe or unhealthful environment for visitors or employees
• unreasonably interfere with park program or activities
• unreasonably interfere with the atmosphere of peace and tranquility
• interfere with NPS concessioner or contractor operations or service.
Permission to film or videotape within park buildings may only be granted by the Superintendent when:
• The activity has a meaningful and accurate association with the historic resource or
• The production would contribute to the public understanding and appreciation of the historic resource.
Commercial filming in all buildings within the Park must take place during those times the buildings are closed to public visitation.
For visitor safety and to protect the exhibited collections, the use of tripods and other ancillary photographic devices, including selfie-sticks, is prohibited.
The collection of an admission fee to participate in permitted commercial filming and still photography activities within the buildings of the Park is strictly prohibited.
The same considerations as those which apply to building interiors will be applied by the Superintendent in granting permission for motion picture or television productions in the park. The Superintendent may choose not to apply the criteria of a meaningful association with the historic resource or that it would contribute to the public understanding and appreciation of the historic resource to video production in other exterior areas of the park.
Although requests for on camera interviews with park staff remain under the discretion of the Superintendent, the NPS will not allow or issue permits where NPS staff participate in what is commonly labeled “reality TV”. (Policy Memorandum 15-02)
B. 43 CFR §5.4 – News-Gathering Activities
News gathering activities involving filming, videography or still photography do not require a permit unless:
1) It is determined a permit is necessary to protect natural and cultural resources, to avoid visitor use conflicts, to ensure public safety or authorize entrance into a closed area.
2) Obtaining a permit must not interfere with the ability to gather the news
3) A permit issued for news-gathering activities is not subject to location fees or cost recovery.
C. 36 CFR §5.5(b) – Still Photography
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), sets(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; or
The park needs to provide management and oversight of the activity.
If none of these conditions exist a permit is not required. If one of the above conditions does exist, the same considerations which apply to building interiors for commercial filming will apply for still photography. Still photography permits are subject to cost recovery and location fees. Wedding photos taken by either commercial or noncommercial photographers require a permit. Wedding photos are permitted only in certain specifically identified areas of the park, but not in park buildings.
D. 36 CFR §5.5(b) – Audio Recording
Audio recording does not require a permit unless:
It takes place at a location where or when members of the public are generally not allowed;
It uses equipment that requires mechanical transport;
It uses equipment that requires an external power source other than a battery pack; or
The NPS would incur additional administrative costs to manage and oversee the permitted activity to:
Avoid unacceptable impacts and impairment to resources or values; or
Minimize health or safety risks to the visiting public.
If a permit is issued, cost recovery must be collected, and a location fee based on the location fee schedule for still photography must be collected.
Guilford Courthouse National Military Park Compedium
