National Park Service
U.S. Department of the Interior
Superintendent's Compendium Of Designations, Closures, Permit Requirements and Other Restrictions Imposed Under Discretionary Authority.
Cuyahoga Valley National Park
15610 Vaughn Road
Brecksville, Ohio 44141
440-546-5945 phone
440-546-5943 fax
Approved: 5/9/2024
Lisa Petit, Superintendent
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 USCSection 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.
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 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, Title 54 U.S.C. §100751(a) allows the NPS, through the Secretary of the Interior, to "prescribe suchregulations 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, then that Superintendent is obliged to place limitations on public use.
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 norimpose 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.
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. Therequirements of the Superintendent's Compendium are developed through an analysis and determination process. The decision criteria used during this process are:
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.
NPS Law Enforcement Park Rangers enforce the requirements of the United State Code, 36 CFR, and this Superintendent's Compendium.
A person who violates any provision of the regulations found in 36 CFR, Parts 1-7, orprovisions 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.
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
Cuyahoga Valley National Park
15610 Vaughn Road
Brecksville, Ohio 44141
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.
Some of the terms used in this Compendium may have specific meaning defined in 36 CFR 1.4 Definitions.
Copies of the Compendium are available at 15610 Vaughn Road, Brecksville, Ohio 44141. It may also be found at https://www.nps.gov/cuva/learn/management/superintendents-compendium.htm.
In accordance with National Park Service Law Enforcement Reference Manual 9 (RM-9), notice is hereby given that Cuyahoga Valley National Park may use Closed Circuit Television (CCTV) security camera monitoring.
The park's use of Closed-Circuit Television (CCTV) for law enforcement and security purposes will only be to visually monitor public park areas and public activities where no constitutionally protected reasonable expectation of privacy exists. Such CCTV use - which will have adequate privacy and First Amendment safeguards - will be to help ensure public safety and security; facilitate the detection, investigation, prevention, and deterrence of terrorist attack and crime; help ensure the safety of citizens and officers; help assist in the proper allocation and deployment of law enforcement and public safety resources; and help facilitate the protection of the innocent and the apprehension and prosecution of criminals. (RM-9, 26.1)
This policy does not restrict the official use of CCTV in government administrative areas, including administrative buildings, jail holding facilities (RM-9, 26.3.7), 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. (RM-9, 26.1)
Operation of CCTV cameras, maintenance of recorded images and use of recorded images will be in accordance with NPS and Department policy and applicable laws and regulations. (RM-9, 26.1-26.4) No person will be targeted or monitored merely because of race, religion, gender, sex, disability, national origin, or political affiliation or views. (RM-9, 26.4.2)
Nothing in this policy statement is intended to create any rights, privileges, or benefits not otherwise recognized by law.
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 Cuyahoga Valley 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.
All park areas open to the public are open 24 hours a day all year unless listed below, outlined in a separate Superintendent’s closure, or posted otherwise.
Determining factors: These closure periods are to control / prevent illegal activity in the late night / early morning hours; to prevent damage to parking areas, trails, and park resources; and to protect public safety.
East Rim, Lamb Loop, Post Line, Edson Run are closed from 11:00 p.m. to 6:00 a.m. everyday.
Determining factors: The East Rim Trail is only accessible via the Summit County Bike and Hike Trail which is closed to access from 11 p.m. to 6 a.m.
East Rim, Lamb Loop, Post Line, Edson Run are closed to all users when area signage and/or the Trail Twitter feed indicates it is closed. https://twitter.com/CVNPmtb
Determining factors: For the preservation of the trail surface during wet conditions and / or for the safety of users due to hazardous conditions.
Riders and Hikers must observe posted direction of travel signage posted at trailheads.
Determining factors: For the safety of all users and to reduce the incidence of collisions.
Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of Cuyahoga Valley National Park 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, and 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, Cuyahoga Valley National Park is closed to the use of these devices. The use of unmanned aircraft within the boundaries of Cuyahoga Valley National Park 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 park resources. The interim closure will safeguard the values while the NPS considers how to address this new use on a long-term basis.
The following National Park Service structures are closed to unauthorized entry:
Determining Factors: For the prevention of vandalism and the prevention of injury to persons entering vacant structures. For the preservation of privacy for persons occupying NPS owned residences.
The recently acquired 198 acres of the former Brandywine Golf Course property will be closed.
Determining factors: The closure is needed for safe environmental remediation of the site.
All railroad tracks and the area extending 4' beyond the end of the railroad ties, exclusive of road crossings and boarding areas, within the park boundary are closed to unauthorized pedestrians.
Determining Factors: Pedestrians standing or walking on or close to park railroad tracks have caused the train to engage emergency braking procedures which is a life-safety hazard to passengers and staff. Additionally, failure of persons to adequately yield to moving trains and moving through or under trains presents an unacceptably high risk of injury or death.
The fenced area of the Jaite Paper mill site is closed to entry.
Determining Factors: Due to presence of contaminated soil and vegetation, these areas may pose a potential safety hazard to the visiting public. Ongoing construction and rehabilitation of the area may also create a hazard to the visiting public.
The Ice Box Cave is closed to entry at all times.
Determining Factors: Ice Box Cave is closed for the protection of native bat species. Repeated human disturbance of bats is detrimental to the population. Protection requires the closure of the entrance to the cave.
The Environmental Education Campus is closed to unauthorized persons year-round.
Determining Factors: This restriction is necessary to provide a safe and secure learning environment for the school children who attend programs at the EEC. Due to the openness of the campus a safe environment cannot be achieved without public use limits.
The waterfalls listed below are closed to entry 50’ upstream and 50’ downstream from the face of the falls at all times.
Determining Factor: Due to safety concerns for the visiting public and to preserve established visitor uses including photography and enjoyment of the natural viewshed.
The following areas are closed to swimming during the period indicated:
Determining Factor: Due to the safety concerns for the visiting public.
Rock and ice climbing is prohibited at:
Determining Factors: Climbing activities are inconsistent with established visitor uses including photography and enjoyment of the natural environment. A closure is also required to protect fragile plant communities from damage.
The construction of ramps or bumps are prohibited at Virginia Kendall Sledding Hills.
Determining Factors: The creation of bumps or ramps has been shown to create an undue risk of injury to the people sledding or riding.
All lakes and ponds are closed to gas powered motors. Electric motors are permitted.
Determining Factors: This restriction is necessary to preserve the natural characteristics of the lakes for public enjoyment and safety, and to ensure that the management of the park’s lakes and ponds meets the needs of all park users, including but not limited to photographers, fishermen, and those wishing to experience natural soundscapes at lakes and ponds.
Only human powered vessels are allowed on the Cuyahoga River. All vessels must be steerable. Inner tubes, air mattresses, float tubes and similar individual swimming/fishing flotation devices are prohibited.
Determining Factors: This restriction is necessary to maintain public safety on the river. Passages are often clogged with debris posing a substantial hazard to users and park rescuers. The Cuyahoga River within the park offers the opportunity for the public to experience a primitive paddling experience.
The operation of remote-controlled airplanes, helicopters and other like objects and the launching of model rockets is prohibited.
Determining Factors: Due to possible risk of injury to other visitors, noise concerns, and the disruption of the natural scenic landscape and view.
Wildlife watching blinds and deer stands are prohibited in the park.
Determining Factors: Because hunting is not permitted in the park the use of wildlife viewing blinds is not consistent with wildlife preservation goals.
Electric scooters, electric skateboards, electric skates, or any other similar electric transportation device designed to carry a single passenger and propelled or assisted by an electric motor are prohibited on all park roads and trails. Additionally, electric bikes are permitted on park roads in compliance with adopted state laws.
Determining Factors: This restriction is necessary to provide for the safety of pedestrians and motorists.
The following is a compilation of those activities for which a permit from the superintendent is required:
(a) Commercial filming and still photography activities are subject to the provisions of 43 CFR Park 5. All commercial filming requires a permit. Still photography does not require a permit unless:
(b) Audio recording does not require a permit unless:
(The superintendent shall issue a permit to access private lands within or adjacent to the park when access is otherwise not available)
Determining Factors: Cuyahoga Valley National Park (CVNP) maintains a prohibition on the collection or harvesting of fungi on federal land within the boundary of the park. In 2019 and 2021 park management reviewed its position on foraging within the park generally and fungi collection in particular. There are two factors park found compelling in this decision.
In conclusion, the absence of clear authority to allow the activity and the inability to ensure that the collection of fungi would not adversely affect other park resources are compelling reasons to maintain the prohibition against fungi collection in CVNP.
Established Conditions for Fires:
Determining Factors: For the protection of individuals and animals from possible serious injury from sledding collisions.
Determining Factors: For the protection of individuals and animals from possible serious injury due to collisions with bicyclists.
Area maps are found below in Compendium attachments.
See section 2.51 above regarding the list of designated areas.
Superintendents are authorized by 36 CFR 2.52 to issue special park use permits for the sale or distribution of “printed matter,” which the regulation defines as “message-bearing textual printed material such as books, pamphlets, magazines, and leaflets, provided that it is not solely commercial advertising.” Sales under this regulation whether authorized by a permit or small group exception, are limited to these defined terms.
To ensure that interpretation of the 36 CFR 2.52 accommodates the exercise of First Amendment rights, and that it is uniformly applied, in interpreting and applying the regulation, superintendents will allow the free distribution of message-bearing items to the public other than printed matter, so long as the activity occurs within the areas designated as available for First Amendment activities, and otherwise complies with 36 CFR 2.52.
Examples of message-bearing items that may be distributed for free include CDs, DVDs, and other readable electronic media. Such items must be distributed free of charge, and individuals may not ask or demand payment or request a donation in exchange for the item, which would violate 36 CFR 5.3.
SPEED LIMITS: The speed limit for bicycles on any trails that allow traditional bicycles and electric bicycles is fifteen (15) miles per hour (mph) except that bicycles shall exercise reasonable speeds which are safe and prudent when crossing any bridge or boardwalk, with the exception of East Rim mountain bike trails.
Bicycles operated on trails may operate two abreast only where conditions allow. Bicycles may not be operated two abreast on the East Rim trails, at blind curves and across bridges and boardwalks.
Determining Factors: On September 24, 2021, the Superintendent designated park roads and parking areas and the trails defined above as open to electric bicycles using the discretionary authority given to the Superintendent under 36 CFR 4.30(i).
Other than the restrictions listed above, E-bikes are allowed in Cuyahoga Valley National Park where traditional bicycles are allowed. E-bikes are prohibited where traditional bicycles are prohibited.
Except where the use of motor vehicles by the public is allowed, using the electric motor to move an e-bike without pedaling is prohibited.
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.).
A person operating an e-bike is subject to the following sections of 36 CFR part 4 that apply to the use of traditional bicycles: sections 4.12, 4.13, 4.20, 4.21, 4.22, 4.23, and 4.30(h)(2)-(5).
Except as specified in this Compendium, the use of an e-bike within Cuyahoga Valley National Park is governed by State law, which is adopted and made a part of this Compendium. Any violations of State law adopted by this paragraph is prohibited.
