GREAT SAND DUNES NATIONAL PRESERVE

CODE OF FEDERAL REGULATIONS

**TITLE 36, CHAPTER I**

Compendium of Designations, Closures, Request Requirements, and other
Restrictions imposed under the discretionary authority of the
Superintendent.

In accordance with regulations and the delegated authority provided in
Title 36,

Code of Federal Regulations, Chapter 1, Parts 1 through 7, authorized by
Title 16,

United States Code, subsection 3, the following regulatory provisions
are

established for the proper management, protection, government and public
use

of the portions of Great Sand Dunes National Preserve under the
jurisdiction

of the National Park Service.

Unless otherwise stated, the regulatory provisions apply in addition to
the

Requirements contained in 36 CFR, Chapter 1.

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Lewis A. Hutchinson, Superintendent Date

**36 CFR § 1.5 -- CLOSURES AND PUBLIC USE LIMITS**

**(a)(1) The following closures and public use limits are established
for all or listed portions of the preserve to all public use or to a
specific use or activity:**

####### **Closures**

[*Camping*:]{.underline}

The following areas are closed to camping:

-   All areas in krumholtz tree zones and above timberline. Krumholtz
    trees are described as trees that have stunted and bent growth due
    to elevation, climate, and wind exposure. Timberline is defined as
    the limit of elevation above which trees do not grow.

Determination: This restriction is intended to protect fragile krumholtz
trees and alpine tundra vegetation from undue impacts resulting from
trampling due to repetitive foot traffic around campsites and other
campsite impacts, including campfires, litter, and human waste disposal.

[Commercial Use Authorizations:]{.underline}

-   Effective March 01, 2007 and until further notice no new Commercial
    Use Authorizations (CUA's) will be issued for commercial operations
    that utilize any area within the Sangre De Cristo Wilderness Area.
    Examples of such operations include, but are not limited to, guided
    hiking services, guided hunting services, horse rides, or services
    that pack in supplies and equipment using livestock. This
    restriction does not apply to persons or businesses that held a CUA
    in 2006.

Determination: This moratorium is established until a [Wilderness
Management/Backcountry Management Plan]{.underline} can be prepared as a
supplement to the park's General Management Plan. Such a plan is
necessary to assure protection of natural and cultural resources,
implement management responsibilities, assure equitable allocation and
use of the area, and avoid overuse or conflict among the various uses
and users of the area.

####### **Public Use Limits**

*[Use of Segways and Similar Devices by Persons with
Disabilities:]{.underline}*

The following areas in Great Sand Dunes National Preserve are open to
the use of Segways and Similar Devices by visitors with disabilities:

-   The Medano Pass Primitive Road and within the marked bounds of
    established campsites along the road, provided:

    -   The person operating the Segway or similar device must be at
        least 16 years of age.

    -   The maximum speed that the Segway or similar device is operated
        must not exceed 8 MPH while being operated in places other than
        along park roads.

    -   Segway or similar device operators will yield the right-of-way
        to other pedestrians.

> *Determination: Per memorandum from the Director of the National Park
> Service dated May 24, 2007, the NPS has concluded that allowing the
> use of Segways and similar devices by individuals with mobility
> disabilities is compelled by the Rehabilitation Act of 1973 and the
> Department of the Interior's (DOI) regulations found at 43 CFR Part
> 17, Subpart E. DOI regulations acknowledge that there are limits to
> accessibility in the outdoor environment. The NPS believes that the
> use of Segways and similar devices by persons with disabilities may be
> appropriate in certain locations but may not be in others. Because of
> topography, surface characteristics, and other attributes, these
> devices are suitable for use in the areas described above subject to
> the described conditions which are intended to provide for the safety
> of the operator and other visitors. All other locations not listed
> above are not open to Segways and similar devices because of the
> nature of the terrain which would render use of these devices unsafe
> for the operator and/or other visitors (such as gradient, narrowness
> of trails, stream crossings, rocky ledges, or drop-offs) or could
> cause resource damage (such as to vegetation along trail-sides because
> the wheel width of the Segway is larger than the trail width).*

[*Group size limits*:]{.underline}

-   The group size limit for all wilderness areas of the preserve is 15
    people. Additionally, groups with livestock may have a combination
    of up to 25 people and livestock, of which no more than 15 of the
    group can be people.

Determination: Group size limits are set to minimize or prevent undue
impacts to individual campsites and surrounding areas; to prevent
campsites from growing to prevent increased social trails; to prevent
intrusions on other visitors enjoying backcountry or campground
experiences; to manage human waste accumulations in backcountry areas;
and protect water quality and wilderness values.

[*Overnight stays*:]{.underline}

-   The overnight stay limit within the preserve for all persons,
    groups, and organizations is 14 consecutive days and 21 total days
    per calendar year. This limit does not apply to holders of
    Incidental Business Permits or their employees who are conducting
    business operations under the terms and conditions of the company's
    IBP, but it does apply to their clients.

Determination: Overnight stay limitations are a 'standard industry
practice' to ensure the equitable use and allocation of campsites and
campground facilities.

[Medano Pass Primitive Road]{.underline}

The Medano Pass Primitive Road is closed to motor vehicle traffic during
those periods: When stream crossings become hazardous due to weak ice;
snow accumulations make travel hazardous or may result in motorists
traveling off-road in an attempt to bypass snowdrifts; or muddy and wet
conditions may result in road damage or motorists traveling off-road in
an attempt to bypass muddy sections.

Determination: During the late fall or early winter when stream
crossings begin to ice over an ice condition often results wherein the
ice cannot support the full weight of a vehicle. During this time one or
two wheels of the vehicle may break through causing the wheel or wheels
to get stuck behind a ledge of ice from which it is impossible to get
out without significant help. Closing the road at these times is
intended to protect drivers who may get stuck at remote crossings during
cold weather.

Snow accumulations can cause the road to become impassable, thereby
presenting a safety hazard should motorists become stuck. Patrol
resources are limited and stuck motorists may not be discovered for
days. Also, experience has shown that many motorists will attempt to
drive off road around snowdrifts so this measure will prevent associated
off-road travel impacts.

During spring snowmelt or warm periods the road frequently becomes very
muddy and snowmelt often runs down or across the roadway. During these
periods vehicle traffic can cause damage to the road in the form of
rutting or by causing runoff to cause additional erosion. This temporary
closure is intended to minimize road damage.

**36 CFR § 1.6 -- PERMITS**

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

§ 2.4 Weapons, Traps, and Nets (except when engaged in lawful hunting

activities)

-   \(d\) Carry or possess a weapon, trap, or net

> § 2.5 Research Specimens

-   \(a\) Collect or take plant, fish, wildlife, rocks, or minerals

> § 2.12 Audio Disturbances

-   (a)(3) Operation of any type of portable motor or engine, or device
    powered by a portable motor or engine in non-developed areas (except
    in designated campsites along the Medano Pass Primitive Road)

-   (a)(4) Operation of a public address system in connection with a
    public gathering or special event for which a permit has been issued
    pursuant to §2.50 or §2.51

§ 2.17 Aircraft and Air Delivery

-   (a)(3) Delivery or retrieval of a person or object by parachute,
    helicopter, or other airborne means

-   (c)(1) Removal of downed aircraft

> § 2.23 Recreation Fees

-   \(b\) Special recreation activities

> § 2.37 Noncommercial Soliciting

-   Soliciting or demanding gifts, money, goods, or services

> § 2.38 Explosives

-   \(a\) Use, possess, store, or transport explosives or blasting
    agents

-   \(b\) Use or possess fireworks

> § 2.50 Special Events

-   \(a\) Conduct a sports event, pageant, regatta, public sector
    attraction, entertainment, ceremony, and similar events

> § 2.51 Public Assemblies, Meetings

-   \(a\) Public assemblies, meetings, gatherings, demonstrations,
    parades, and other public expressions of views

> § 2.52 Sale or Distribution of Printed Matter

-   \(c\) Sale or distribute printed matter provided it is not solely
    commercial advertising

> § 2.60 Livestock Use and Agriculture

-   \(b\) Livestock use

> § 2.61 Residing on Federal Lands

-   \(a\) Residing on park lands

> § 2.62 Memorialization

-   \(b\) Scattering human ashes

> § 4.11 Load, Weight, and Size Limits

-   \(a\) Exceeding established vehicle load, weight, and size limits

> § 5.1 Advertisements

-   Display, posting, or distribution

> § 5.3 Business Operations

-   Engaging in or soliciting any business (requires permit, contract or
    other written agreement with the United States, or must be pursuant
    to special regulations)

> § 5.5 Commercial Photography

-   \(a\) Commercial filming of motion pictures or television involving
    the use of professional casts, settings, or crews, other than bona
    fide newsreel or news television

-   \(b\) Still photography of vehicles, or other articles of commerce
    or models for the purpose of commercial advertising

> § 5.7 Construction of Buildings or Other Facilities

-   Construction of buildings, facilities, trails, roads, paths,
    structures, etc.

§6.9 Permits

-   \(a\) Operation of a solid waste disposal site

> **36 CFR § 2.1 - PRESERVATION OF NATURAL, CULTURAL, AND ARCHAEOLOGICAL
> RESOURCES**

(a)(4) Dead wood on the ground that is less than four (4) inches in
diameter may be collected for use as fuel for campfires within the
preserve in the following areas:

-   All areas within the preserve at elevations below the lower extent
    of the krumholtz tree zone.

> *Determination: Adequate quantities of dead and down wood exist to
> provide fuel for campfires in these areas without causing significant
> negative resource impacts. Wood that is less than four inches in
> diameter can be easily sawn or broken into manageable pieces and help
> ensure that firewood is burned completely. This requirement also
> reduces smoldering and subsequent fire hazards associated with larger
> pieces.*

**(c)(1) The following fruits, berries, or nuts may be gathered by hand
for personal use or consumption:**

-   Pinyon nuts

-   Edible Mushrooms

-   Currants

-   Gooseberries

-   Raspberries

-   Strawberries

(c)(2)(i) Quantities of designated fruits, berries, or nuts that may be
gathered by one person during a calendar year is as follows:

-   Pinyon nuts -- 1 gallon

-   Currants, gooseberries, raspberries, and strawberries -- 1 quart
    each

-   Mushrooms -- 2 pounds

Determination: Adequate quantities of the named fruits exist to allow
for personal use in the designated quantities without causing undue
competition with wildlife for their food needs.

**36 CFR § 2.2 - WILDLIFE PROTECTION**

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

-   All areas within the preserve.

> *Determination: This closure is intended to prevent frightening or
> disturbing wildlife engaged in their normal activities and maintain
> natural lighting conditions for wildlife to the extent possible. It is
> also intended to prevent using light as an aid in the unlawful taking
> of wildlife and to maintain natural darkness for the enjoyment of
> other visitors.*

**36 CFR § 2.10 - CAMPING**

(a) The sites and areas listed below have been designated for camping.
    Conditions for camping and camping activities are in effect as
    noted:

-   In designated wilderness areas of the preserve camping is allowed
    anywhere [EXCEPT:]{.underline}

    -   Within 200 feet of trails, and 300 feet of lakes. (Camping
        within 200 feet of trails is allowed in campsites that were
        established by popular use prior to 11/22/00. These sites are
        identified by a Carsonite© stake with international campsite
        symbol affixed.)

    -   All areas in krumholtz tree zones and above timberline.
        Timberline is defined as the limit of elevation above which
        trees do not grow.

> *Determination: These requirements are intended to prevent unnecessary
> visual intrusion on other visitors, prevent cumulative impacts
> associated with heavy visitation patterns to shoreline areas of lakes,
> and to maintain consistency with regulations in place on neighboring
> U.S. Forest Service administered lands to the extent possible.
> Vegetation and soils in krumholtz tree zones and above are too fragile
> and easily damaged by foot traffic and other activities associated
> with camping.*
>
> **(b)(3) Camping within 100 feet of a flowing stream is allowed in the
> following areas:**

-   In the non-wilderness corridor along the Medano Pass Primitive Road,
    camping is allowed within 100 feet of Medano Creek only at sites
    designated as campsites by a Carsonite® stake at the campground
    entrance.

-   In all other areas of the preserve camping is allowed within 100
    feet of streams in campsites that were established by popular use
    prior to 11/22/00. These sites are identified by a Carsonite© stake
    with international campsite symbol affixed.

> *Determination: These campsites were established long before the
> National Park Service assumed administration of the preserve therefore
> no new impacts are occurring.. Additionally, moving many of the
> campsites is not practical.*

(d) Except while being consumed or being prepared for consumption, food
    and lawfully taken fish, plus garbage, toiletries, and equipment
    used to cook or store food, must be kept sealed in a vehicle, or in
    a camping unit that is constructed of solid, non-pliable material,
    or suspended at least 10 feet above the ground and 4 feet
    horizontally from a post, tree trunk, or other object, or in
    provided bear-proof storage lockers in the following areas:

-   All areas within the preserve.

> Park rangers may inspect all unattended items that have the appearance
> of being used for food storage, food preparation, or food waste.

*Determination: Bears and many other species of wildlife are found
throughout the preserve.*

*These requirements are intended to provide for the personal safety of
visitors, prevent*

*property damage, maintain cleanliness and sanitation, and prevent
habituation of wildlife to*

*human food sources thereby maintaining natural conditions.*

**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 or receptacles,
and under the conditions noted:

[Designated Areas:]{.underline}

-   In designated wilderness, campfires are allowed in existing fire
    rings below the lower limits of the krumholtz zone, or, where
    krumholtz does not exist, below timberline.

-   In the non-wilderness corridor along the Medano Pass Primitive Road,
    campfires are allowed only in metal fire grates (or, if no metal
    grate exists, within existing rock rings) in designated campsites.
    Campsites are designated as such by a post at the campsite entrance.

> *Determination: Tundra vegetation and soils above timberline are too
> easily damaged and would take too long to recover from the effects of
> campfires. Fires are allowed only in fire grates in established
> campsites along the Medano Pass Primitive Road as a wildfire
> prevention measure in this relatively heavily visited corridor and to
> prevent the proliferation of unsightly and resource damaging fire
> pits.*

# 

# 

# 36 CFR § 2.14 - SANITATION AND REFUSE

(b) Conditions for the disposal, containerization, or carryout of human
    body waste:

-   Toilet paper must be carried out of backcountry and wilderness areas
    except where toilet facilities are provided.

-   Human body waste shall be disposed of in the following manner:

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-   Buried in six (6) inches of soil at least 100 feet from any water
    source.

*Determination: These requirements are intended to maintain sanitary
conditions for both*

*humans and wildlife.*

**36 CFR § 2.15 - PETS**

(b) **Conditions under which dogs may be used in support of hunting**

**activities:**

-   Dogs may only be loosed while engaged in legitimate hunting
    activities.

Determination: Hunting is allowed by law within the preserve and using
dogs to hunt mountain lions or game birds is a legitimate activity.
Otherwise, to protect wildlife and for the safety and comfort of other
visitors, dogs must be leashed.

**36 CFR § 2.16 - HORSES AND PACK ANIMALS**

(a) **The following are designated as pack animals:**

-   Horses

-   Mules

-   Burros, donkeys, asses

-   Llamas

> *Determination: The listed animals are traditional pack animals, have
> historically been used in the area, or do not pose a threat as a
> disease vector to wildlife.*
>
> \(b\) The use of horses or pack animals is permitted on the following
> trails, routes, or areas:

-   All trails and areas within the preserve, except within 300 feet of
    lakes.

> *Determination: The use of horses and other pack animals is a
> traditional and historic use in*
>
> *the area. However, increasing damage associated with multiple
> trailing, soil compaction,*
>
> *and tree root exposure is occurring around the lakes which are
> popular destinations for*
>
> *visitors. This closure is intended to prevent additional resource
> damage caused by heavy*
>
> *animals, prevent visitor conflicts, and to maintain consistency with
> regulations in place on*
>
> *neighboring U.S. Forest Service administered lands to the extent
> possible.*

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

-   Livestock must be picketed at least 100 feet from streams.

-   Livestock must be picketed or corralled in a manner as to prevent
    damage to trees and pawing around tree trunks, grazing to an extent
    that plants are eaten to ground level or individual plants pulled up
    by the roots, denuding the area of vegetation by grazing or
    trampling, or causing other damage to natural or cultural resources.

-   Livestock must be picketed at least 300 feet from lakes or tied to
    hitch rails where provided.

-   Stock must be fed weed-free hay at least 24 hours before entering
    the preserve. Only certified weed-free hay, grain, or processed
    pellets may be packed into the preserve.

-   Livestock must be picketed at least 100 feet from designated
    primitive campsites along the Medano Pass Primitive Road.

> *Determination: These conditions are intended to prevent conflicts
> with other users, damage to campsites, prevent damage to or
> degradation of natural resources, and prevent introduction or
> proliferation of invasive plant species.*

**36 CFR § 2.22 - PROPERTY**

**(a)(2) The following are areas where property may be left unattended
for periods longer than 24 hours and the conditions under which property
may be left:**

-   Caches of food and equipment may be made anywhere in the wilderness
    portion of the preserve provided that the Superintendent or his
    representative is notified in advance of when and where the cache is
    to be made. Caches may be set in no longer than one week in advance
    of a planned trip and must be removed within one week after the trip
    concludes. Caches must be stored in a wildlife proof manner and
    without digging or otherwise altering natural conditions.

> *Determination: This provision is intended to provide a mechanism for
> hunters or other visitors who plan a longer term trip to remote areas
> in the preserve to lay in caches of supplies and food while at the
> same time establishing conditions to protect wildlife and other
> resources and ensure that caches are not left unattended for an
> unreasonable period.*

**36 CFR § 4.31 - HITCHHIKING**

**Hitchhiking is allowed in the following areas:**

-   Along all roadways.

Determination: The preserve is remote from the nearest city served by
public transportation and so other transportation options are not
available to some visitors. Up to now hitchhiking has been an infrequent
occurrence that has not presented any problems related to criminal
activity, traffic obstruction, or other safety hazards.