Superintendent's Compendium

36 CFR § 1.5(f)-Violating a closure, designation, use or activity restriction or condition, schedule of visiting hours, or public use is prohibited.

1. During emergency conditions, the park or affected park areas may be closed temporarily by the Superintendent or his or her designee without prior public notice. This includes any closure required for emergency or other park operations that could impact visitor safety.

Justification: Visitor safety is paramount. The park will take precautionary steps to provide for a safe visitor experience and to prevent foreseeable accidents and/or injuries. Closures of this nature, although temporary, may last for an extended period of time. Any permanent closures will go through the required public notice process.

1. The grounds of all park units under the administration of Fort Sumter and Fort Moultrie NHP are designated as “Day Use” only. Public visitation to all park property is prohibited from sunset to sunrise except under Special Use Permit or park approved/sponsored events. Updates to hours due to weather or unforeseen events will be posted on park social media.

The Fort Moultrie Visitor Center, Visitor Center parking lot, Fort Moultrie, and Battery Jasper are open every day of the week. The Dock behind the Visitor Center closes at 4pm. Fort Moultrie, the VC, and Battery Jasper are closed on Thanksgiving, Christmas, and New Year’s Day.

a.  Public use at the lower dock located behind the Fort Moultrie Visitor Center parking lot is prohibited. The top/roof of Battery Jasper and all locked areas are closed to the public.

The Liberty Square Visitor Center is open daily and grounds close at 9 pm. The Visitor Center is closed on Thanksgiving, Christmas, and New Year’s Day.

        •  The rocks and low tide beach are closed to the public.

Fort Sumter is open upon the arrival of the first official NPS concession-operated ferry or park boat until the departure of the last official NPS concession-operated ferry or park boat on each day of regular operation. For Fort Sumter Tours ferry boat schedules: visit fortsumtertours.com.

a.  All outside areas not established by a walkway are prohibited to the public. The island is only open to visitors arriving by ferry, with a permit, or written authorization by the Superintendent. Fort Sumter Beach follows the fort hours.
b. The area surrounding Fort Sumter dock within 200 feet is closed to boats, fishing, and swimming.

Justification: There is a power line coming into the island that is within this area and boat anchors have damaged this line numerous times causing a hazard to the public and causing an interruption to the electricity on the island. There is a waterline that runs through this area as well and boat anchors pose a threat to this line which feeds the fort and Sullivan’s Island water. There are swift currents in the area of the dock especially at outgoing tide. The further away from the dock on Fort Sumter Beach the less swift the current.

The Charleston Light, more commonly referred to as the Sullivan’s Island Lighthouse, grounds within the perimeter fence, and historic Life Saving Station are currently closed to all public use, except under Special Use Permit or park approved/sponsored events.

a. The dunes and Maritime forest along the beach access walkway are prohibited to public use.

Justification: The park area contains no overnight accommodations, nor does it contain any facilities which are normally used at night. Currently, no legitimate public activity would be prevented by closing the park at night. Closing at night would also help eliminate criminal activity. Additionally, the legislated purpose of the park would not normally be served by night use.

The Fort Moultrie Visitor Center parking lot is designed to provide parking to the public who are visiting Fort Moultrie. Therefore parking is available to the public only during periods when the Visitor Center is open to the public. The Fort Moultrie parking lot is closed to vehicular traffic during times when the Visitor Center is closed for the protection of the unattended facility.

All visitor centers’ hours of operation are based upon and consistent with available personnel and visitor use trends and needs.

All specified closures at each site ensure maintaining a safe capacity of visitors, safety, and provide resource protection.

2. Docking, mooring, and use of the vertical ladders on the Fort Sumter dock, Liberty Square dock, and the Fort Moultrie stationary and floating dock is prohibited by recreational vessel operators and their passengers. Dock access for park partners and contractors for operations, maintenance, and emergency use may be granted by written permission of the Superintendent.

Justification: Existing NPS docks are not open to unauthorized public recreational use, docking, or mooring except through written permission. The Fort Sumter and Liberty Square docks accommodate concession-operated ferry boat tours and government approved vessels. The combination of multiple ferry boats each day and private boats in such a small area would cause unsafe congestion and increased risks. Vertical ladders exist from the water line to the deck of the Fort Sumter dock, and the climb to the top of the ladder varies with the water level on any given tide. Tidal movement, wave action, and ferry traffic can make accessing the dock and ladders challenging and 
unsafe. In addition to reaching the dock, climbing the vertical ladder in varying conditions to include rough water conditions and wet ladder surfaces represents a safety risk which exposes the public to slip and fall accidents, as well as impact injuries from falls from heights up to 10 feet. This is inherently unsafe and places the visiting public at an unnecessary risk. Due to the high number of ferry boat visitors, the number of people accessing the area must be controlled for both visitor safety and preservation of the resource. These numbers are known on ferry boats but 
are unable to be accurately predicted or controlled with unexpected private boat traffic. Fort Moultrie docks are utilized primarily for park operational needs and there is limited space available for mooring vessels. Vertical ladders, and associated safety risks also exist on the stationary dock.

3. Shirts and shoes are required and must be worn at all times within government buildings, including Fort Sumter and its grounds, Fort Moultrie and Battery Jasper.

Justification: The areas both inside and outside of Fort Sumter are archaeological sites where broken glass, metal objects, oyster shell, and other debris is frequently exposed. This causes a significant risk of injury for individuals who are not wearing shoes. Fort Moultrie likewise has exposed shells and debris which cause the same risks. The interiors of the government buildings and museums within the park are professional workspaces and historic sites where lack of shirt and footwear is inconsistent with the purpose for which these areas were established and are to be managed.

4. Administrative, maintenance areas, and area inside the fence around Construction 230 are closed to the public.

5. Recreational Activities such as kite flying, ball playing, sunbathing, rocket flying, Frisbee, golfing, and unauthorized use of golf carts or similar vehicles off of designated roadways, and similar activities are prohibited in all areas of Fort Sumter, Fort Moultrie, and Liberty Square.

Justification: Those recreational uses not permitted conflict with the legislated purpose of the park, detract from the historic scene, and contribute to the destruction of historic fabric of a park. The entire park is considered a historic area and is of primary importance in preserving the park’s historic significance. Park Partners may use a golf cart as authorized by a special use permit or memorandum of understanding.

6. Launching, landing, or operating a manned or unmanned aircraft from or on lands or waters administered by the National Park Service within the boundaries of Fort Sumter, Fort Moultrie, or Liberty Square 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 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 closure is necessary to maintain public safety, protect the park’s wildlife, and to preserve the cultural resources of the park. Due to the significant historical events which took place on the battlefield, any less restrictive measures would interfere with visitor’s opportunity to understand the significance of the park and would be inconsistent with the purpose for which the park was established and is being managed.

7. Picnicking is authorized at the following areas: At the picnic tables located near the Fort Moultrie dock or in the grass at Liberty Square. Fire pits, grills and open fires are not allowed without written permission from the Superintendent.

Justification: Due to the historic nature of these areas and in accordance with NPS Management Policies, it has been determined that picnicking activities in any other locations than designated areas would be inconsistent with the purpose for which these areas were established and are to be managed. Use of fire pits and grills presents an unnecessary fire risk to natural and cultural resources.

8. Food and beverages in open containers without lids are prohibited in visitor centers’ lobbies, theatre, and museums.

Justification: The park’s visitor centers contains historic artifacts and have been determined that damage from spilled food or beverages pose an unacceptable risk to the resources and visitor satisfaction with the facilities.

9. Alcoholic beverages are prohibited from public consumption, display, or possession, including beer and wine, except where written permission from the superintendent has been granted. This regulation does not apply to NPS housing quarters area.

Justification: Alcohol use in Fort Sumter park areas is inconsistent with the purpose for which the area was established. Due to the high level of land and maritime traffic and visitation the use of alcoholic beverages increases risk to visitor, staff, and resource safety. This restriction is consistent with that of South Carolina State Parks.

10. Swimming is prohibited at all park areas.

Justification: The NPS docks operate in high traffic marine environments which pose a danger to recreational swimmers. Changing tides, currents, and weather conditions increase risk to swimmer safety in these areas where there are no lifeguards. The area around Fort Sumter is adjacent to the shipping channel and is an area of extreme tidal forces. It is unsafe for swimming activities.

11. Camping and overnight sleeping is prohibited in all areas, except in conjunction with an organized and approved activity, Living History presentation, or an approved service group completing a park related project.

Justification: Fort Sumter and Fort Moultrie NHP units do not contain any facilities appropriate to recreational camping. Camping in the park, while inconsistent with the purpose for which the area was established, would also create unnecessary risk to the cultural, archaeological, and natural resources of the area. Exceptions may be made for park sponsored organized living history presentations related to various periods of significance to the sites – if they do not negatively affect the park resources.

12. Hammocks are prohibited in all areas of the park.

Justification: Hammock use prohibition is necessary to prevent resource damage, facility damage, and to prevent use that creates unsafe conditions for visitors and the resource.

13. Idling is prohibited in parking lots of developed areas.

Justification: The noise and fumes caused by these engines severely impacts the natural and historic experiences sought by many visitors.

14. Geocaching and similar recreational activities (e.g., letterboxing) are not authorized in the Park.

Justification: Geocaching and similar recreational activities (e.g., letterboxing) are treasure hunt games that involve hiding a container and then navigating to that container using a GPS device. The container is typically filled with trinkets or other small items of value that the treasure hunter swaps out for a trinket of his/her own. Geocaching is in violation of the abandoned property regulations found in 36 CFR §2.22. Additionally, geocaches are typically hidden and activities such as digging or camouflaging with natural material are often associated with this recreational activity.
 

1. The following is a compilation of those activities for which a permit from the superintendent is required:
A. Collection of Specimens/Scientific Research 2.5(a)
B. Special Events 2.50(a)
C. Public Assemblies 2.51(a)
D. Sale or distribution of printed material 2.52(c)
E. Display of commercial notices or advertisements 5.1
F. Memorialization 2.62(b)
G. Business Operations 5.3
H. Commercial filming, still photography, and audio recording 5.5
I. Any construction on Federal property 5.7
J. Camping Permit (Front and Backcountry) 2.10(a)

§5.5 Commercial filming, still photography, and audio recording: (a) Commercial filming and still photography activities are subject to the provisions of 43 CFR Part 5. All commercial filming requires a permit.
Still photography does not require a permit unless:

• It uses a model, set, or prop.

• It takes place where members of the public are not allowed

• The park would incur costs to provide onsite management to protect resources or minimize visitor use conflicts.

(b) Audio recording does not require a permit unless:

• It takes place at locations where or when members of the public are generally not allowed.

• The equipment requires mechanical transport.

• It requires an external power source.

•  The activity requires monitoring.

• The activity impacts resources.

Justification: An application for a permit should be submitted to the Superintendent or his/her designee during normal business hours and within a time frame that is sufficient for an informed decision to be made. Permits that are not submitted within a sufficient time frame will be denied. Certain activities require permits issued by the Superintendent to ensure such actives are conducted in a compliance with applicable regulations.Permits will be considered for authorization when the activity is determined is determined to be appropriate for the purpose for which the park was established and can be sustained without the causing unacceptable impacts. Permits are required when the agency would incur cost for providing on-site management and foresight to protect agency resources or minimize visitor use conflict.

1. The Superintendent may designate certain fruits, berries, nuts or unoccupied seashells that may be collected… AND The Superintendent may limit the size and the quantity of the natural product to be collected; the location where the natural products may be gathered; and restrict the possession or consumption of the natural products to the park area.

The following fruits, nuts, or berries may be gathered by hand for personal use or consumption, in accordance with the noted size and quantity restrictions. Possession and consumption of the collected fruits, nuts and berries shall be restricted to the park area. (Ref. 36 CFR §2.1(c)(1))

          •  Blackberries     1 liter per person per day
          •  Persimmon      1 liter per person per day

Justification: While the collection of certain berries, nuts and fruits is allowed, the Superintendent has imposed limitations on the size and quantity of these natural products in order to balance the visitor experience against the natural ecosystem.

1. Hunting and trapping are prohibited in Fort Sumter and Fort Moultrie NHP.

Justification: Based on the enabling legislation for the park, hunting is not mandated by Federal statutory law, nor is it authorized as a discretionary activity.

2. All of Fort Sumter and Fort Moultrie NHP is closed to the viewing of wildlife with an artificial light. Park sponsored programming is exempt from this regulation.

Justification: The use of artificial light to view wildlife disturbs the animals in their natural habitat and may be indicative of illegal hunting activities known as “spotlighting”. This regulation does not pertain to using a light at night for navigational purposes. This regulation pertains specifically to shining the light on or at wildlife.

1. Fishing is permitted from the Fort Moultrie upper dock with a valid South Carolina State fishing license, unless such activities conflict with the operation of the park, cooperator, or concessioner owned boats. Crab pots, etc. may not be left past closing hours. Fishing is prohibited from the Liberty Square and Fort Sumter docks.

Justification: The Liberty Square and Fort Sumter docks are high visitor traffic areas used specifically for visiting park sites. Fishing is not a safe or appropriate activity for these areas.

Note: South Carolina State Law (Section 16-23-20) allows for a person who is granted a permit (concealed carry permit) under provision of law by the State Law Enforcement Division to carry a handgun about their person, under conditions set forth in the permit; allows for a firearm to be carried in a vehicle if the handgun is secured in a closed glove compartment, closed console, closed trunk, or in a closed container secured by an integral fastener and transported in the luggage compartment of the vehicle; and allows licensed hunters or fishermen who are engaged in hunting or fishing or going to or from their places of hunting or fishing while in a vehicle or on foot. Since hunting is prohibited in the park, the hunting section of the regulation shall not apply. However, fishing is authorized at the Fort Moultrie dock; therefore, the provision applying to a licensed fisherman being able to carry a firearm while fishing or going to and from their places of fishing while in a vehicle or on foot does apply.

According to South Carolina State Law (Section 23-31-210) a “Concealable weapon” is a firearm having a length of less than twelve inches measured along its greatest dimension that must be carried in a manner that is hidden from public view in normal wear of clothing except when needed for self-defense, defense of others, and the protection of real or personal property.

According to 18 U.S.C. § 930 the possession of firearms and dangerous weapons in Federal facilities is prohibited and shall be posted conspicuously at each public entrance. Therefore, all firearms and dangerous weapons are prohibited from all buildings within Fort Sumter and Fort Moultrie NHP, to include the forts themselves. Note that a dangerous weapon is a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2 1/2 inches in length. Historic weapons used for park demonstration purposes may be brought in after an approved special use permit by the superintendent.

1. The following structures and/or areas are closed to the possession of pets:

a. Inside Fort Moultrie, Fort Sumter, Battery Jasper, and all government buildings.

This regulation does not apply to service animals, as defined by the Americans with Disabilities Act.

NOTE: “Pet” means dogs, cats, or any animal that has been domesticated. [36 CFR§1.4]

Justification: This use restriction of possessing a pet in all structures and main public use areas of the park is necessary for the protection of cultural resources, the maintenance of public safety, the minimization

1.The Superintendent has not designated any areas for the use of roller skates or similar devices. Using roller skates, skateboards, roller skis, coasting vehicles, or similar devices (inline skates) are prohibited in all areas of the park.

Justification: 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 skating areas.

1. Smoking at Fort Sumter and Fort Moultrie NHP is prohibited.
     •  Smoking is prohibited in all park areas. This restriction applies to shared living quarters (dormitory) at the Coast Guard House as well.
    •  Smoking is prohibited in all government owned or leased vehicles and vessels, to include heavy equipment.

Smoking by definition means the carrying of lighted cigarettes, cigars or pipes or the intentional and direct inhalation of smoke from these objects. This definition is expanded to include electronic cigarettes and similar devices.

Justification: On June 29, 2009, NPS Director’s Order #50D, Smoking Policy, was updated to bring NPS national policy in compliance with Executive Order 13058. The Park regulations have been updated to reflect the new policy.

Electronic cigarettes and similar devices are newer technology that is not specifically addressed by Executive Order 13058 or Director’s Order #50D. Until such time that service-wide policy addresses this technology, electronic cigarettes and similar devices will be included as a part of the smoking regulations. This restriction is consistent with that of city parks.

1. Fort Moultrie and associated buildings and grounds are areas where recreation fees are established.

1. Permits and the small group permit exemption. Permits associated with First Amendment activities are necessitated by group size. A small group is defined as 25 people or less and is not required to obtain a permit as long as they are located within the park designated areas. The small group is further restricted to only leaflets, booklets and handheld signs.

A large group is defined as more than 25 people and is required to obtain a First Amendment Permit even if they are utilizing a park designated First Amendment location. There are no fees associated with First Amendment right permits. No public assembly permits shall be issued for a period in excess of seven days.

Please refer to the attached maps at the end of this document for areas open to First Amendment activities. Any area not designated for these activities would require a permit regardless of size.

Justification: Freedom of speech, press, religion and assembly are constitutional rights. However, the courts have recognized that activities associated with the exercise of these rights may be reasonably regulated to protect legitimate government interests such as park resources. Therefore, in order to protect these resources, the NPS may regulate certain aspects of First Amendment activities, such as the time, the place and the manner in which they are conducted. It is the conduct associated with the exercise of these rights that is regulated and not the content of the message.

1. The scattering of human ashes from cremation will be permitted pursuant to a permit issued by the park and pursuant to the following conditions:

    •  The scattering of ashes is prohibited within the interior spaces of Fort Sumter, Fort Moultrie and Battery Jasper.
    •  The chosen site must be no less than 200 feet from any buildings or historic building, structure or cemetery sites.
    •  The chosen site must be no less than 100 feet away from any other structures and developed areas, e.g. visitor centers, roads, trails, campgrounds and picnic areas.
    •  The chosen site must be no less than 150 feet from a stream or other watercourse.
    •  The ashes must be scattered and not deposited in any type of container. Cremains may not be buried even without a container.
    •  No marker or memorial of any sort may be placed or left at the site. The placement or planting of real or artificial flowers, memorial trees, brass markers, wooden crosses, etc. is prohibited.
   •  A copy of the permit must accompany the person performing the scattering.
   •  Cremation must be accomplished in accordance with state law.

Justification: The disposal of human remains and the associated containers are governed by State law due to legal, health and safety considerations and must be managed accordingly. Due to historic presence of human remains in the immediate vicinity of the forts, the introduction of new remains to areas within or immediately adjacent to fort structures could negatively impact the archaeological integrity in the sites.

1. The superintendent has established speed limits within the park that differ from those established in 36 CFR §4.21. The speed limits are clearly posted and have been established with park safety and purpose in mind. (Ref. 36 CFR§ 4.21(b))

Justification: The park roads as they currently exist do not support speed limits up to the 45-mph designation.

1. The Superintendent has designated that all roads and parking lots open to the general public for vehicle use are open to the general public for bicycle use. Bicycle use is prohibited on park trails as well as riding cross country without trail. Bicycle use is also prohibited on park administrative roads, unless signed otherwise. Bicycles are not permitted within the Forts or Battery Jasper. (Ref. 36 CFR §4.30(a))

     a.  Bicycle racks are located at the parking lot entrance of the Fort Moultrie Visitor Center, and by the Visitor Center at Liberty Square. Visitors also have the option of walking their bike around the park trails if they choose to do so. Unattended bikes should be parked and/ or locked at the bicycle racks. Bikes left unattended in other locations will be removed by park staff.

Justification: Bicycle use is prohibited because park areas are crowded with foot traffic and an assessment has not been completed to determine the effects and impacts on park resources. There is a concern to protect visitors and the cultural and natural resources within the park.

2. E-Bikes
   a. 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.).

   b. E-bikes are allowed in Fort Sumter and Fort Moultrie NHP where traditional bicycles are allowed.

   c.  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.

   d. 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).

   e.  Except as specified in this Compendium, the use of an e-bike within Fort Sumter and Fort Moultrie NHP 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.

3. Comply with the requirements in 36 CFR 1.5, including the requirement to provide adequate public notice in accordance with 36 CFR 1.7.

4. Comply with all applicable laws implicated by the compendium action, including the National Environmental Policy Act of 1969 (NEPA). The compendium action will ordinarily fall within the categorical exclusion specified in section 3.3.D.3 of the National Park Service NEPA Handbook for which documentation is required.