Superintendent's Compendium

Screenshot of the signed compendium by Jason J. Taylor. — Signed Compendium Header
NPS

A. INTRODUCTION

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: www.gpo.gov

OR

Superintendent of Documents
P.O. Box 371954
Pittsburgh, PA 15250-7954

The CFR is also available on the Internet at: www.ecfr.gov.
Laws and Policies Allowing the Superintendent to Develop This Compendium

The National Park Service (NPS) is granted broad statutory authority under Title 54 United States Code (U.S.C.) §100101(a) (formerly 16 U.S.C. 1a-1, “Organic Act”) to “….regulate the use of the National Park System by means and measures that conform to the fundamental purpose of the System units, which purpose is to conserve the scenery, natural and historic objects, and wild life in the System units and to provide for the enjoyment of the scenery, natural and historic objects, and wild life in such manner and by such means as will leave them unimpaired for the enjoyment of future generations.” In addition, Title 54 U.S.C. §100751(a) allows the NPS, through the Secretary of the Interior, to “prescribe such regulations as the Secretary considers necessary or proper for the use and management of System units.”

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.”

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.
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.
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 the 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?
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.
Enforcement of Compendium Requirements

NPS Law Enforcement Park Rangers enforce the requirements of the United State Code, 36 CFR, and this Superintendent’s Compendium.
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 (18U.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.
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
Indiana Dunes National Park 1
100 N. Mineral Springs Road
Porter, IN 46304
Effective Date of the Superintendent Compendium

The Superintendent’s Compendium is effective on the approval date listed on the first page of this document.
Additional Information

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

Copies of the Compendium are available at the Chief Ranger’s Office located in the parks Headquarters, 1100 N. Mineral Springs Road, Porter, IN 46304.

It may also be found on the internet at https://www.nps.gov/indu/learn/management/compendium.htm
Closed Circuit Television (CCTV)

In accordance with National Park Service (NPS) Law Enforcement Reference Manual 9 (RM-9), notice is hereby given that Indiana Dunes National Park uses Closed Circuit Television (CCTV) security camera monitoring.

The NPS’s use of CCTV for law enforcement and security purposes and will only be to visually monitor public park areas and public activities where no constitutionally protected reasonable expectation of privacy exists. Such CCTV use – which will have adequate privacy and First Amendment safeguards – will be to help ensure public safety and security; facilitate the detection, investigation, prevention, and deterrence of terrorist activity; help ensure the safety of citizens and officers; help assist in the proper allocation and deployment of law enforcement and public safety resources; and help facilitate the protection of the innocent and the apprehension and prosecution of criminals.

This policy does not restrict the official use of CCTV in government administrative areas, including administrative buildings, jail holding facilities, revenue collection sites, etc., where the government may record/monitor its facilities. For example, the government may perform unrestricted video/audio recording at revenue collection points (entrance stations, visitor center counters,
etc.). This policy does not restrict the use of an Audio/Visual Recording Device (AVRD) in patrol vehicles or officer-worn recording devices used by commissioned rangers.

Operation of CCTV cameras will be in accordance with NPS and Department policy. No person will be targeted or monitored merely because of race, religion, gender, sex, disability, national origin, or political affiliation or views.

Nothing in this policy statement is intended to create any rights, privileges, or benefits not otherwise recognized by law.

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 54 U.S.C. §100751, the following provisions apply to all lands and waters administered by the National Park Service, within the boundaries of Indiana Dunes National 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:

Unless otherwise posted or noted below, all public use areas are open daily from 6am to 11pm.
West Beach, which is defined from the Porter/Lake County Line Road to the western edge of Ogden Dunes and from a line 300 feet north of the shoreline of Lake Michigan to the south where the park meets private property is open from 6am to 9pm.
Porter Beach, which is defined from Wabash Avenue to the western edge of the Indiana Dunes State Park and from 300 feet north of the shoreline of Lake Michigan to Roskin Road is open from 6am to 9pm.
Portage Lakefront and Riverwalk, which is defined from the Burns Waterway to the eastern edge of Ogden Dunes and from a line 300 feet north of the shoreline of Lake Michigan to the south where the park meets private property, is open at all times to only those actively engaged in fishing. For all other uses, nightly closure applies.
Kemil Beach, which includes the Kemil Beach parking lot off East State Park Road and the beach area is open 24 hours a day. The beach area is defined from a line 300 feet north of the shoreline of Lake Michigan to Lake Front Drive and from the eastern edge of Indiana Dunes State Park to Windsor Avenue.

Reasonable visitation limitations are set to balance the needs of public access, resource protection, visitor safety, property protection and community concerns.

Public Use Limits:

Glass containers are prohibited on all beach areas,

Due to hazards presented by broken glass to barefoot walkers, waders and swimmers, glass is prohibited on all beach areas.

Cross country skiing is restricted to beaches and park trails. Ice skating, ice boating or similar activities are prohibited,

The restriction on Cross Country Skiing reduces resource damage to sensitive plants. Ponds and other waterways are not checked for safe ice conditions to make ice skating, ice boating, or similar activities reasonably safe. Animals living around ponds and other waterways are ill-prepared to endure additional stress placed on them by these activities occurring nearby.

Closures:

Public access onto shelf ice and frozen ponds and waterways is prohibited.

Walking on shelf ice is extremely hazardous. Persons falling through hidden holes and weak spots can quickly disappear from view making rescue difficult. Ponds, creeks and other waterways are not monitored for safe ice conditions. Subsurface water flows can create unseen thin areas making these locations unsafe. Access to frozen ponds places wintering animals under additional human-caused stress.

The following areas are closed to all public entry:
○ Pinhook Bog and trail - Visitation is restricted except when accompanied by a National Park Service employee or by permission of the Superintendent. Walking off the designated trail without a permit is prohibited as designated in Appendix A.

Due to the fragile nature of this area and the presence of threatened and endangered plants, walking off the designated trail causes a negative impact upon these resources.

○ Dunes Learning Center - Open to scheduled groups and invitation only. The Dunes Learning Center is closed to the public within the boundaries described as a horizontal straight line including the fire pit area to the South, a straight vertical line on the edge of the tree line to the West, and perpendicular straight lines that follow and continue beyond the access road to the North and East designated in Appendix A.

Area is designated for school age children who stay overnight. For their protection and safety, the area will be closed to public entry.

○ Field Station Cooperative Preschool - Open to scheduled groups and invitation only. The Field Station Cooperative Preschool is closed to the public within the boundaries designated in Appendix A.

Area is designated for school-age children. For their protection and safety, the area will be closed to public entry.

○ Mt. Baldy – Area designated in Appendix A is closed to the public but open to ranger-led hikes and programs.

A life and safety hazard persists due to decaying (ghost) trees beneath the surface, and the undetectable but persistent risk of sand collapse. Due to the fragile nature of this area and the presence of threatened and endangered plants, walking off the designated trail may cause a negative impact upon these threatened and endangered resources.

○ Gun Range – Entire area is closed to the public. See Appendix A for the designated closed area.

Area presents potential life-threatening hazards.

○ Pottawattomie Administrative Site – Entire area is closed to the public. See Appendix A for the designated closed area.

Site is a training area for heavy equipment and all-terrain vehicles which presents potential life-threatening hazards.

○ West Beach Area – When lifeguards are present, Lake Michigan waters from Lake/Porter County Road to the western edge of Ogden Dunes are closed to public use if and when at least one of the following conditions are met:

A swim risk category of MODERATE or HIGH by the National Oceanic and Atmospheric Administration’s (NOAA) National Weather Service is forecasted for either Lake or Porter County and lifeguards can confirm this risk,
Rip currents are observed or physically detected by lifeguards, or
Lightning is observed by lifeguards.

Area has the only designated swim beach in the park and swimming in Lake Michigan during these conditions even if lifeguards are present is extremely hazardous and potentially life threatening for both the swimmer and rescuers.

○ Century of Progress Homes – Open to lessee, lessor, and invitation only. See Appendix A for the designated closed area.

Area is designated for occupants of such homes. For their protection and safety, the area will be closed to public entry.

(a)(2) The following areas have been designated for a specific use or activity, under the conditions and/or restrictions as noted:

West Beach Area
- The designated swimming beach is located within the West Beach area of the park. It is identified by a series of “Swim Area” and “No Boat” buoys approximately 300 feet from the shoreline. The designated area extends approximately 850 feet west and east from the main staircase at the bathhouse. This area is designated a swim beach when lifeguards are present (as weather and lake conditions permit). Motorized watercrafts are prohibited from this area.

The use of motorized watercraft in swimming areas is in direct conflict with the safety of swimmers.

○ Sledding is allowed only on the trail directly west of the West Beach picnic shelters. The area is designated with park signs. Sledding is prohibited on marram grass and sledding is only permitted when adequate snow cover is present.

Sledding on marram grass and bare sand induces erosion and damage to sensitive plants.

Camping – Please refer to §2.10 for detailed camping area designations.

The following restrictions and/or conditions are in effect for the specific uses or activities noted:

Uncrewed Aircraft

○ Launching, landing, or operating an uncrewed aircraft from or on lands and waters administered by the National Park Service within the boundaries of Indiana Dunes National Park is prohibited except as approved in writing by the Superintendent.

Definition: Uncrewed Aircraft (UA) - The term "uncrewed aircraft" is defined as a device used for flight in the air without direct human input from being onboard the aircraft. The Uncrewed Aircraft Systems (UAS) are considered aircraft regardless of size or weight. The “system” incorporates associated operational components including flight controller, flight software, communication radios, cameras, and sensors. UAS comprises all types of single-rotor, multi-rotor, fixed wing, and vertical take-off and landing aircraft that meet this definition and are used for any purpose, from recreation to commerce.

The Superintendent has determined that unmanaged or unrestricted recreational use of UAs within Indiana Dunes National Park will conflict with, or impact, a variety of park uses including visitor experience, health and safety as well as conflicting with, or impacting park resources and values.

Filming, still photography, and audio recording activity may require a permit, consistent with 54 U.S.C. 100905.
- Filming, still photography, and audio recording activity that occurs in closed areas, requires exclusive use of a site or area, or involves a set or staging equipment other than handheld equipment (such as a tripod, monopod, and handheld lighting equipment) requires a permit, unless the activity is affiliated with an activity or event that has been allowed under a written authorization, such as a special use permit.
- Filming, still photography, and audio recording that involves more than eight individuals requires a permit, unless the NPS has specifically notified an individual or group that a permit is not required, or if the activity is affiliated with an activity or event that has been allowed under a written authorization, such as a special use permit.
- If a permit is required for the reasons stated above, or if the NPS otherwise determines and then notifies an individual or group that a permit is required for a filming, still photography, or audio recording activity, then engaging in that activity without a permit is prohibited. Violating a term or condition of a permit issued by the NPS for a filming, still photography, or audio recording activity is prohibited, and may result in the suspension or revocation of the permit, in addition to any penalties that may apply under 36 CFR 1.3.

Federal law at 54 U.S.C. 100905 states that permits and fees are not required for filming, still photography, or audio recording in park areas if certain requirements are met. These requirements address various topics, including, but not limited to, group size, location, equipment, potential impacts to resources and visitors, and the likelihood that the NPS will incur related administrative costs. If any of these requirements are not met, the law allows the Secretary of the Interior, acting through the NPS, to require a permit for the subject activity. Permit requirements are imposed by the superintendent under discretionary authority provided by 36 CFR 1.5(a)(2), which allows the superintendent to impose conditions or restrictions on a use or activity, consistent with applicable legislation, to implement management responsibilities. The general regulations for permits in 36 CFR 1.6 do not apply to permits issued for filming, still photography, and audio recording, which instead are governed by the statutory provisions in 54 U.S.C. 100905. The imposition of permit requirements, on a case-by-case basis, for filming, still photography, or audio recording does not require rulemaking under 36 CFR 1.5(b). Requiring a permit with reasonable terms and conditions in accordance with statutory requirements at 54 U.S.C. 100905 is not highly controversial, will not result in a significant alteration in the public use pattern of the System unit, will not adversely affect the System unit’s natural, aesthetic, scenic or cultural values, or require a long-term or significant modification in the resource management objectives of the System unit, because the permit requirement is limited in time and scope to the specific activities authorized by the permit, which contain terms and conditions

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:

§2.4(d) Carry or possess a weapon, trap, or net (excluding legal firearms).

§2.5(a) Specimen collection (Taking plant, fish, wildlife, rocks, or minerals from the park).

§2.12 Audio Disturbances:

(a)(2) Operating a chain 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.
(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 Delivery:

(a)(3) Delivery or retrieval of a person or object by parachute, helicopter, or other airborne means.
(c)(1) Removal of downed aircraft.

§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, transport explosives, blasting agents.
(b) Use or possess fireworks.

§2.50(a) Conduct 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. Maps for these areas are located as Appendix B of this document.§2.52(c) Sale or distribution of printed matter that is not solely commercial advertising.§2.60(b) Livestock use.§2.61(a) Residing on federal lands.

§2.62 Memorialization:

(a) Erection of monuments (requires approval from Regional Director),
(b) Scattering ashes from human cremation.

§3.3 Use of a vessel under certain conditions when deemed necessary by taking into consideration public safety, protection of park resources, and weather and park management objectives.
§4.11(a) Exceeding of established vehicle load, weight, and size limits.
§5.1 Advertisements - (Display, posting or distribution).
§5.3 Engaging in or soliciting any business (Requires a permit, contract, or other written agreement with the United States, or must be pursuant to special regulations).
§5.5 Some filming, still photography, and audio recording (depends upon the facts and circumstances; contact the park for more information). 36 CFR 1.5(a)(2) and 54 U.S.C. 100905.
§5.6(c) Use of commercial vehicles on park area roads (the superintendent may issue a permit to access private lands within or adjacent to the park when access is otherwise not available).
§5.7 Construction of buildings, facilities, trails, roads, boat docks, paths, structures, etc.
§6.9(a) Operation of a solid waste disposal site.

III. GENERAL REGULATIONS

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

(a)(4) Dead wood on the ground may be collected for use as fuel for campfires within the park in the following areas:

Dunewood Campground.
Dunbar Group Site.

These areas are designated as campgrounds with campfires at each site. The removal of dead and downed wood in these developed areas provides fuel reduction for wildland fire activities. Note: Wood collected in the park may not be removed from the park or sold commercially. Cutting live [or dead] standing trees is prohibited unless authorized in writing by the Superintendent.

(b) The following area restrict hiking or pedestrian use to designated trails or walkways:

Closure areas listed in Section 1.5.

Recreation along the coast is restricted to the beach and official designated park trails. The beach is defined as the base of the dune slope to the water’s edge (Appendix C). Activities that deface, disturb or destroy the natural state of the foredunes, its vegetation, and the dune landscape are prohibited including climbing, ascending, descending, traversing, and digging. Visitors should stay off dune slopes and areas with little soil development naturally dominated by pioneering plants such as marram grasses and cottonwood trees. Leaving a trail or walkway to shortcut the designated trail or to reach unauthorized viewpoints is prohibited. Visitors are expected to follow these guidelines and respect any additional fencing or signage.

Justification: Human activities on early successional coastal dunes destroys the stabilizing root systems of marram grasses (rhizomes), triggers erosion and dune collapse through slope failure and facilitates the development of social trails. Dune collapse adversely impacts shorebird nesting and staging/migration areas and poses a risk to visitor safety. Ongoing use of social trails fragments habitat, accelerates erosion and dune collapse, alters hydrology of globally rare panne ecosystems and wetlands, facilitates the spread of invasive species, and adversely impacts protected and sensitive species.

Recreation (hiking, running, pedestrian use) is restricted to official designated trails only. Leaving a trail or walkway to shortcut the designated trail or to reach unauthorized viewpoints is prohibited. Activities that deface, disturb or destroy the natural state of the natural resources are prohibited including climbing, ascending, descending, traversing, and digging off-trail. Visitors are expected to follow these guidelines and respect any additional fencing or signage.

Justification: Recreation that moves off official designated trails destroys vegetation, soils, and creates unauthorized social trails. Ongoing use of social trails fragments habitat, triggers erosion, impacts wetlands, facilitates the spread of invasive species, and adversely impacts protected and sensitive species. Unauthorized social trails created by off-trail activity have unacceptable adverse impacts on the scenic and cultural value of the park landscape and may pose a risk to visitor safety. Off-trail activity has the potential to interfere with monitoring and research sites maintained within the park.

(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 use or consumption restrictions:

All fruits, nuts, berries, and unoccupied seashells may be gathered except for the fruit of the prickly pear cactus.
No more than a handful may be collected.

Gathering more than a handful of fruits, nuts, berries, and unoccupied seashells will adversely affect park wildlife, the reproductive potential of a plant species, or adversely affect park resources.

36 CFR §2.2 - WILDLIFE PROTECTION

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

Parkwide

The use of artificial lights to view wildlife creates unnecessary human-caused stress upon the animals, causing them to change their behavior patterns. The light also can disturb park neighbors, pose a hazard to vehicular traffic, and can be a precursor to poaching activities.

36 CFR §2.10 – CAMPING and FOOD STORAGE

(a) The sites and areas listed below have been designated for camping activities as noted. A permit system has been established for certain campgrounds or camping activities, and conditions for camping and camping activities are in effect as noted:

Overnight parking or camping is prohibited, except in the Dunewood Campground, Central Avenue Campground, and the Dunbar Administrative Site. Other areas must be authorized by the Superintendent.

In addition to the specific regulations in Title 36 Code of Federal Regulations, the following conditions apply to camping activities:

Dunewood Campground and Central Avenue Campground.
- Registration is restricted to those eighteen years of age or older. The person registering for the site must be an occupant on the site during the stay.

The park has experienced and documented a history of serious incidents and aberrant behavior at Dunewood Campground related to unsupervised juveniles of such magnitude that the diligent application of less stringent regulations over a reasonable time period has not proven to resolve the problem.

○ Each camping group must register prior to occupying the selected campsite through the online reservation system. Checkout time is 12 noon.
○ Maximum campsite occupancy is eight persons.
○ Each campsite may have a maximum of two vehicles.
○ All tents must remain on the provided camping pad or specified location. Trailers and other vehicles must remain on the pavement in the Dunewood Campground.
○ Bicycles must be walked to the Dunewood walk-in campsites and Central Avenue campsites.
○ Persons visiting campers (those not staying overnight) must leave the campground by 10 pm.
○ Camping occupancy is limited to 14 days in any 30-day period during the camping season.

Because most of the park is in close proximity to residential areas, public camping is limited to the developed campground sites. Policies related to registration times and camping limitations are established to avoid conflicts between visitors, to provide for protection of the resource and compatible use.

36 CFR 2.13 – FIRES

(a)(1) The lighting or maintaining of fires is generally prohibited, except as provided for in the following designated areas and/or receptacles, and under the conditions noted:
Designated Areas:

Central Avenue Campground Fire Rings.
Chellberg Farm Picnic Shelters.
Dunbar Group Campground.
Dunewood Campground sites.
Glenwood Dune Picnic Shelters.
Lake View Picnic Shelters.
Portage Lakefront and Riverwalk (PLRW) Pavilion.
Tremont Picnic Shelters.
West Beach Picnic Area near Contact Station.
West Beach Picnic Shelters near the southwest parking lot.
Reservation of Use, Lease, park owned dormitories, and Special Use Permit residences.

Receptacles Allowed:

Cooking/Warming fires are permitted in NPS provided grills, approved grills (noncombustible container with a minimum container depth of 2", enclosed sides, and a bottom), or the NPS fireplace at the PLRW.

Residential burning of leaves or wood products is prohibited park wide. In rare situations, the Fire Management Officer may approve and issue a Burning Permit for Reservation of Use, Lease, or Special Use Permit residences at no charge when an appropriate container cannot be utilized, or removal of debris is impractical. Only leaves or wood may be burned.

Established Conditions for Fires:

Only wood or charcoal may be burned in cooking or warming fires.

Cooking or warming fires shall not be placed within ten feet of flammable materials.

If fires create an air pollution problem, a nuisance, or a fire hazard, they shall be extinguished.

The above noted limitations on fires are in place to protect park visitors, neighbors, and resources from wildfire.

(b) Fires must be extinguished according to the following conditions:

Charcoal and other fire remains from all fires must be cooled and safely disposed of in a noncombustible container or removed from the area.

Extinguishing fires in any other manner increases the chance of an injury to persons or property.

36 CFR §2.15 – PETS

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

West Beach – From Memorial Day through Labor Day and/or when lifeguards are present, pets are prohibited on the beach within the designated swim area. This area is the section of beach directly north of the bathhouse stairs and will be designated along the beach with park signs. Pets are only permitted to walk through the lifeguarded area to reach the beaches on either side of the closure area.
Glenwood Dune Trail.
Pinhook Bog Trail.

Pet restrictions and closures are in place to allow for compatible use of areas, threats to wildlife, damage to sensitive plants and to cooperate with local and state regulations.

Service Animals are excluded in sections pertaining to “PETS”.

A service animal is any dog that is individually trained to perform a task directly related to a person’s disability, to include physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not considered service animals. Emotional support or comfort dogs are not considered Service Animals under the ADA, because providing emotional support or comfort is not a task related to a person’s disability.

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

All pet excrement must be picked up and properly disposed of in trash receptacles.

36 CFR §2.16 – HORSES and PACK ANIMALS

(c) The use of horses or pack animals is allowed on the following trails, routes, or areas:

Glenwood Dune Trail and parking lot is open for horseback riding. However, if there is sufficient snow cover for cross-country skiing (3 inches or more), the trail will be closed to horseback riding.
No horses are permitted west of the Glenwood Dune trail system (as posted) or west of Hadenfeldt Road.
Horseback riding is prohibited on all other roads and areas in the park without approval of the Superintendent.

The riding of horses within the park is limited by available parking that is suitable to horse trailers. Additionally, limitations are in place to avoid conflicts between riders and other trail users and to protect sensitive areas from damage.

(g) Other conditions concerning the use of horses or pack animals:

All horse excrement must be removed from the parking lot and picnic area of the Glenwood Dune area.

The excrement in an area where visitors walk and picnic poses a safety hazard.

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:

Porter Beach – May through September.
- Area is defined from Wabash Avenue to the State Park Boundary and from 300 feet north of the Lake Michigan Shoreline to Roskin Road.

The Porter Beach area has seen an increase in drunken behavior that has contributed to disorderly conduct, harassment, and violence to include assaults. This closure determination has been made in accordance with 36 CFR § 2.35(a)(3)(i)(B): “Incidents of aberrant behavior related to the consumption of alcoholic beverages are of such magnitude that the diligent application of the authorities in this section and §§ 1.5 and 2.34 of this chapter, over a reasonable time period, does not alleviate the problem.”

All National Park Service Buildings (excluding active Reservation of Use, Lease, Special Use Permit, properties and NPS dormitory facilities).

Park buildings are places of business and use and/or possession of alcoholic beverages is deemed inappropriate.

36 CFR §3.8 – VESSEL OPERATIONS

(a)(2) Launching or recovery of a vessel are permitted in the following areas:

Non-powered vessels are permitted to be launched under the following circumstances:
- Vessels of a single hull design must be carried to the water on designated, government provided walkways and stairs. Vessels may not be dragged over any dunes. Loading and unloading may not take place along any roadway.

The park beach does not have any areas that are appropriate for launching power driven vessels. There are no paved access points that would allow for this use without creating significant resource damage and visitor use conflicts. Dragging large vessels from parking lots onto the beach creates significant hazards to public safety and resource protection.

36 CFR §3.23 – SCUBA AND SNORKELING

(a) SCUBA diving and snorkeling is permitted in the following swimming, docking, and mooring areas under the terms and conditions noted:

SCUBA diving is permitted in Lake Michigan, excluding the designated swimming area at West Beach.

Due to limited visibility near shore, the potential for SCUBA divers to inadvertently injure swimmers in the water is high.

36 CFR §4.11 – VEHICLE LOAD, WEIGHT AND SIZE LIMITS

(a) The following load, weight and size limits, which are more restrictive than State law, apply to the roads indicated under the terms and conditions, and/or under permit as noted:

The maximum weight limit for vehicles using these parking areas will not exceed 32,000 GVW (excluding school buses and emergency vehicles):
- Mt. Baldy, Central, Great Marsh, Lakeview, Dunbar, Kemil, Tremont, Porter, Cowles Bog, Mnoke Prairie, and Tollestston Dune.

These parking lots are not designed to accommodate vehicles of this weight. The weight limit protects the road surface.

36 CFR §4.21 – SPEED LIMITS

(b) The following speed limits are established for the routes/roads indicated:

West Beach Access Road – 25 Miles Per Hour (MPH).
Furnessville Road – 25 MPH.
Kemil Road – 35 MPH.
Central Avenue – 30 MPH.
All other roads are as posted.

These speed limits are established to improve road traffic safety and reduce the number of road traffic casualties from traffic collisions.

36 CFR §4.30 – BICYLCES

(a) Park roads and parking areas are open to bicycle use. Bicycles are prohibited on all other lands and trails except as follows:

Calumet Trail.
Marquette Trail.
Porter Brickyard Trail.
West Beach trail leading from Ogden Dunes to the Long Lake parking lot.

Bicycle use may be allowed in developed areas so long as it is consistent with park values. The listed trails are in developed areas and riding bicycles on these trails is consistent with park values. No other trails in the park meet this regulatory standard. Bicycle use on natural resources and areas not specifically designated for them promotes erosion and destruction of that resource.

(i) E-Bikes:

Definitions:

Class 1 Electric Bike– A “class 1 electric bicycle,” or “low-speed pedal-assisted electric bicycle,” is a bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour.

Class 2 Electric Bike – A “class 2 electric bicycle,” or “low-speed throttle-assisted electric bicycle,” is a bicycle equipped with a motor that may be used exclusively to propel the bicycle and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour.

Class 3 Electric Bike – A “class 3 electric bicycle,” or “speed pedal-assisted electric bicycle,” is a bicycle equipped with a speedometer and a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour.

Only Class 1 and 3 electric bicycles are allowed on lands and trails excepted above as specified in section 36 CFR §4.30(a) - BICYCLES.
Class 1, 2, and 3 electric bicycles are allowed on park roads and in parking areas that are open to motor vehicle use by the public.

Allowing electric bicycles on public roads and in parking areas will create new opportunities for recreation and access within 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 3.2.E in the NPS NEPA Handbook.

Allowing electric bicycles on the above listed excepted areas and trails will create new opportunities for recreation and access within the park. The NPS expects minimal impacts on park visitors, resources or values when allowing Class 1 & 3 electric bicycles in areas and trails where traditional bicycles have been allowed previously. The park will monitor reported accidents and user conflicts of electronic bikes and other users and propose mitigations if necessary.