Proposed Text
4VAC5-30-10. Definition of terms Definitions.
Whenever used in this chapter, the following respective
words and terms, unless otherwise therein expressly defined,
shall mean and include each of have the following meanings
herein respectively set forth. unless the context clearly indicates
otherwise:
"Bathing area" means any beach or water area
designated by the department as a bathing area.
"Bicycle path" means any path or trail maintained for bicycles.
"Bridle path or trail" means any path or trail maintained for persons riding on horseback.
"Camping Unit unit" means a tent, tent
trailer, travel trailer, camping trailer, pick-up camper, motor homes home,
or any other portable device or vehicular-type structure as may be developed,
marketed, or used for temporary living quarters or shelter during
periods of recreation, vacation, leisure time, or travel.
"Department" means the Department of Conservation and Recreation.
"Electric power-assisted bicycle" means a vehicle that travels on not more than three wheels in contact with the ground and is equipped with (i) pedals that allow propulsion by human power and (ii) an electric motor with an input of no more than 1,000 watts that reduces the pedal effort required of the rider. For the purposes of Chapter 8 (§ 46.2-800 et seq.) of Title 46.2 of the Code of Virginia, an electric power-assisted bicycle shall be a vehicle when operated on a highway.
"Foot path or trail" means any path or trail maintained for pedestrians or disabled persons.
"Immediate family" means relatives living at the same common household of residence.
"Motor vehicle" means any vehicle which that
possesses a motor of any description used for propulsion or to assist in the
propulsion of the vehicle.
"Other power-driven mobility device" means any mobility device powered by batteries, fuel, or other engines, whether or not designed primarily for use by individuals with mobility disabilities, that is used by individuals with mobility disabilities for the purpose of locomotion, including golf carts, electronic personal assistance mobility devices (EPAMDs), such as the Segway® PT, or any mobility device designed to operate in areas without defined pedestrian routes, but that is not defined as a "wheelchair".
"Owner" means any person, firm, association, copartnership, or corporation owning, leasing, operating, or having the exclusive use of a vehicle, animal, or any other property under a lease or otherwise.
"Park" means, unless specifically limited, all designated state parks, recreational areas, parkways, historical and natural areas, natural area preserves, sites, and other areas under the jurisdiction or management of the Department of Conservation and Recreation.
"Permits" means any all written license
licenses issued by or under authority of the department, permitting the
performance of a specified act or acts.
"Person" means any corporation, company, association, firm, an individual, proprietorship, partnership, joint venture, joint stock company, syndicate, business trust, estate, club, committee, organization, or group of persons acting in concert.
"Swimming area" means any beach or water area designated by the department as a swimming area.
"Wheelchair" means a manually-operated or power-driven device designed primarily for use by an individual with a mobility disability for the main purpose of both indoor and outdoor locomotion.
4VAC5-30-20. Construction of regulations.
In the interpretation of the Virginia State Parks
Regulations this chapter, their the provisions shall
be construed as follows: (i) any terms in the singular shall include the plural;
(ii) any term in the masculine shall include the feminine and the neuter; (iii)
any requirements or prohibition of any act shall, respectively, extend to and
include the causing or procuring, directly or indirectly, of such act;
(iv) no provision hereof shall make unlawful any act necessarily performed by
any law-enforcement officer as defined by § 9.1-101 of the Code of Virginia or
employee of the department in line of duty or work as such, or by any person,
his agents or employees, in the proper and necessary execution of the terms of
any agreement with the department; (v) any act otherwise prohibited by Virginia
State Parks Regulations this chapter, provided it is not otherwise
prohibited by law or local ordinance, shall be lawful if performed under, by
virtue of, and strictly within the provisions of a permit so to do, and
to the extent authorized thereby,; and (vi) this chapter are in
addition to and supplement the state vehicle and traffic laws set out
in the Code of Virginia, which are in force in all parks and which are
incorporated herein and made a part hereof.
4VAC5-30-30. Territorial scope.
All Virginia State Parks Regulations This chapter
shall be effective within and upon all state parks, recreational areas,
historical and natural areas, natural area preserves, roads, sites, and other areas
in the Commonwealth which that may be under the management or
control of the Department of Conservation and Recreation and shall regulate the
use thereof by all persons. This chapter shall also be effective in any
lands operated as Breaks Interstate Park in accordance with the Compact entered
into pursuant to § 10.1-205.1 of the Code of Virginia.
4VAC5-30-32. General.
Failure to comply with the Virginia State Parks Regulations
this chapter, as well as other applicable laws and regulations, may
result in revocation of permits or registrations, forfeiture of
applicable prices paid, a citation, arrest, and prosecution.
4VAC5-30-50. Flowers, plants, minerals, etc.
No person shall remove, destroy, cut down, scar, mutilate,
injure, deface, take, or gather in any manner any tree, flower,
fern, shrub, rock or plant, fungi, historical artifact, or mineral in any
park unless a special permit has been obtained for scientific collecting. Edible
fruits, berries, or nuts may be collected for personal or individual use only.
To obtain a special permit for scientific collecting in a state park, a
natural area, or a natural area preserve, a Research and Collecting Permit
Application must be completed and provided to the department at: in a
manner specified by the department.
Department of Conservation and Recreation
203 Governor Street, Suite 306
Richmond, Virginia 23219-2010.
To obtain a special permit for scientific collecting in a
natural area or natural area preserve, a Research and Collecting Permit
Application must be completed and provided to the department at:
Department of Conservation and Recreation
Division of Natural Heritage
217 Governor Street, Third Floor
Richmond, Virginia 23219.
4VAC5-30-95. Public urination or defecation.
Urinating or defecating other than at the places provided therefore is prohibited, with the exception for trail areas or other remote sites that may not have utilities provided. In such cases, urinating or defecating should not be seen by the public and should take place at least 200 feet from any waterway or trailway path.
4VAC5-30-150. Camping.
A. Permit Reservation. Camping will be conducted
only under permit a valid reservation. A permit reservation
is obtained by completing a valid Virginia State Parks Camping Permit Form or
Honor Camping Application and submitting payment from the individual
park office, through the department's designated reservation system, or through
the completion of the self-pay process. Payment must be submitted in
accordance with all applicable prices and payment policies. A camping permit
can only be issued by the park management. Only an individual 18 years of
age or older who is a member of and accepts responsibility for the camping
party may be issued a camping permit reservation. The act of
placing a reservation through the state parks reservation center does not
constitute a camping permit.
Camping may only be performed in strict accordance with the
terms and conditions of the permit reservation. Any violation of
the permit by the permittee or terms of the reservation by any
member of the party shall constitute grounds for permit reservation
revocation by the department, or by its authorized representative, whose action
shall be final. In case of revocation of any permit reservation,
all moneys paid for or on account thereof shall at the option of the department
be forfeited and retained by the department.
B. Occupancy. Occupancy of each campsite shall be limited to
not more than six persons or one immediate family, or other maximum
occupancy permitted through an approved special use permit. The term
immediate family shall mean relatives living at the same common household of
residence.
C. Camping units, equipment, and vehicles. All camping units, equipment, and vehicles shall be placed within the perimeter of the designated campsite without infringing on adjoining campsites or vegetation. Where high impact areas have been designated, all camping units, equipment, and vehicles shall be placed within the defined borders of the high impact area. There is a maximum of two camping units allowed per campsite; no more than one axled camping unit is allowed per campsite.
D. Camping periods. No camping shall be permitted in excess of
14 nights within a 30-day period. Park managers shall have the authority to
increase the number of nights permitted by an approved special use permit.
Check-in time shall be 4 p.m. Check-out time is 3 p.m. Campers may be
permitted to occupy campsites prior to 4 p.m., but no earlier than 8 a.m., if
campsites are available. Any personal property left at the campsite after
the reservation period check-out time shall be removed by park staff at the
owner's expense.
E. Motor vehicles. Only two motor vehicles in addition to the camping unit allowed under subsection C of this section are permitted on a campsite with no additional prices. All motor vehicles shall be parked in the designated parking area of each campsite. Any additional vehicles beyond two are subject to daily parking prices and shall be parked at designated overflow parking areas.
F. Visitors. All visitors shall register on the visitors
register. No visitor shall be allowed before 6 a.m. and all visitors must
leave the campground area by 10 p.m. All visitors shall be charged the
appropriate daily parking or admissions prices prior to entering the park.
G. Quiet hours. Quiet hours in the campgrounds shall be from
10 p.m. to 6 a.m. Generators Excessive noise, amplified music, or
other disturbances that can be heard outside the perimeters of the user's
campsite are prohibited during the designated quiet hours.
H. Pets. Domestic and household pets are permitted in
campgrounds only with payment of all applicable prices. Owners are
responsible for cleaning up after their pets and for ensuring their pets do not
disturb other campers. Horses and other livestock are not permitted unless
facilities are specifically provided for them.
I. Generators. The use of generators at campsites and in the campground is prohibited except when used by the department to perform necessary construction, maintenance, or repairs or for an activity approved by special permit.
J. Damage to any campground or campsite, not considered normal wear and tear, may be billed to the person registering for the campground or campsite on an itemized cost basis in accordance with the reservation acknowledgment or reservation confirmation.
4VAC5-30-160. Cabins.
A. Use of state park cabins, camping cabins, and
yurts shall only be permitted pursuant to the reservation
acknowledgment, reservation confirmation, or established department regulations
(4VAC5-36) and policy dealing with reservations, registration, occupancy,
prices, length of stay, and rental period.
B. Damage to any park cabin, camping cabin, or yurt not considered normal wear and tear may be billed to the person registering for the cabin on an itemized cost basis in accordance with the reservation acknowledgment or reservation confirmation.
4VAC5-30-170. Bathing Swimming, where permitted.
No person shall bathe, wade, or swim in any department-owned
waters in any park except at such times, and in such places, as
the department may designate as bathing swimming areas, and unless
so covered with a bathing suit as to prevent any indecent exposure of the
person.
4VAC5-30-180. Dressing and undressing. (Repealed.)
Dressing and undressing, except in bathhouses, camping
units or cabins is prohibited.
4VAC5-30-190. Boating.
Boating of any kind in a bathing swimming area
is prohibited.
4VAC5-30-220. Fires.
No person shall kindle, build, maintain, or use a fire
other than in places provided or designated for such purposes in any park. Any
fire shall be continuously under the care and direction of a competent person over
sixteen older than 16 years of age from the time it is kindled until
it is extinguished. No person within the confines of any park shall throw away
or discard any lighted match, cigarette, cigar, charcoal, or other
burning object. Any lighted match, cigarette, cigar, charcoal, or other
burning object must be entirely extinguished before being thrown away or
discarded.
4VAC5-30-230. Smoking.
No person shall smoke or use electronic vaporizing devices in any structure or place in any park where smoking is prohibited. Smoking or the use of electronic vaporizing devices may be forbidden by the department or its authorized agent in any part of any park.
4VAC5-30-260. Animals at large.
No person shall cause or permit any animal owned by him, in
his custody, or under his control, except an animal restrained by a leash not
exceeding six feet in length, to enter any park, and each such animal found at
large may be seized and disposed of as provided by the law or ordinance
covering disposal of stray animals on highways or public property then in
effect at the place where such stray animals may be seized. No animal shall be
left unattended by its owner in any park at any time, except for animals in
designated stables. Animals shall not be allowed in bathing swimming
areas under any circumstances, except for service or hearing dogs identifiable
in accordance with § 51.5-44 of the Code of Virginia.
4VAC5-30-274. Foot path or trail use.
Persons shall only use paths, trails, or other designated areas in any park. No person shall engage in an activity expressly prohibited by a trail safety sign. Wheelchairs and other power-driven mobility devices are only allowed on those paths or trails that have been designated by the department as appropriate for such use.
4VAC5-30-276. Bicycle path use.
No person shall use a bicycle, an electric power-assisted
bicycle, or a similarly propelled devices device in
any area other than designated bicycle paths in any park. No person shall engage
in an activity expressly prohibited by a trail safety sign.
4VAC5-30-280. Bridle path use.
No person shall use, ride, or drive a horse or other animal in
any park except along a bridle path, to or from a parking area associated with
such bridle path, or other designated area. No person shall engage in an
activity expressly prohibited by a trail safety sign park rules and
regulations.
4VAC5-30-300. Parking.
No owner or driver shall cause or permit a vehicle to stand
anywhere in any park outside of designated parking spaces, except a
reasonable time in a drive to receive or discharge passengers in a reasonable
amount of time in areas where standing vehicles are not prohibited. Parking in
designated camping or cabin parking spaces is prohibited unless the individual
is registered as an occupant of or a visitor to that specific campsite or
cabin.
4VAC5-30-370. Advertising.
No sign, notice or advertisements of any nature shall be erected or posted at any place within any park, nor shall any noise be made for the purpose of attracting attention to any exhibition of any kind except for services, programs, and events approved by the park management.
4VAC5-30-390. Alms and contributions.
No person or organization shall within any park solicit alms or contributions for any purpose unless approved by the park management.
4VAC5-30-400. Aviation.
No person shall voluntarily bring, land, or cause to
descend or alight within or upon any park, any airplane, remote control model
aircraft, flying machine helicopter, unmanned aerial system, drone,
balloon, parachute, or other apparatus for aviation.
"Voluntarily" in this connection shall mean anything other than a
forced landing. Rescue and evacuation aircraft are exempt for emergencies
and approved training exercises.
4VAC5-30-410. Importation of firewood.
A. The Director of the Department of Conservation and Recreation may prohibit the importation of firewood or certain types of firewood into any park or allow such entry only under specified conditions when such firewood may be infected or infested with a species of concern. Any firewood transported to the park by a person found to be in violation of such prohibition shall be confiscated and destroyed. Should any person charged under this section be found not guilty, the person shall be reimbursed for only the cost of the firewood.
B. When the director makes a written determination to implement subsection A of this section, the following minimum requirements apply:
1. Such determination shall be posted to the department's website and posted at the park where applicable.
2. Firewood to be used by any person within a park must be
purchased from the park, must be proven to be from a certified source in
accordance with subdivision 3 of this subsection if transported to the park, or
may be collected from within the confines of the park in accordance with park
policy. The department may allow for the sale or distribution of firewood
within the park with prior written agreement that it has been treated in
accordance with subdivision 3 of this subsection. Firewood includes all wood,
processed or unprocessed, meant for use in a campfire. Such ban shall not
include scrap building materials, such as 2x4s; two-by-fours, but
may extend to wood pallets and other wood product packing materials as
determined by the director.
3. Firewood certified to be sold and distributed within the park by a firewood dealer shall be subject to at least one of the following conditions:
a. Exclude all ash tree material quarantined tree
species from the firewood production area. Dealers will have to demonstrate
ability to identify and separate firewood species.
b. Remove bark and outer half inch of sapwood off of all nonconiferous firewood.
c. Kiln dry all nonconiferous firewood to USDA specifications.
d. Heat treat all nonconiferous firewood to USDA specifications.
e. Fumigate all nonconiferous firewood to USDA specifications.
f. Offer conclusive proof demonstrating to the satisfaction of the department that the origin of the wood was from a noninfected area.
g. Offer conclusive proof demonstrating to the satisfaction of the department that the wood containing the infecting or infesting species of concern has been properly treated and the species is controlled by an alternative control mechanism.
The director may eliminate or restrict conditions offered in this subsection as determined to be necessary to properly address the infecting or infesting species of concern to the satisfaction of the department.
4VAC5-30-420. Release of animals or wildlife on park property.
No person shall release animals or wildlife captured or propagated elsewhere into any park, unless approved by the park management.
FORMS (4VAC5-30)
Natural Area Preserve Research and Collecting Permit
Application, DCR 199-003 (11/07).
Research and Collecting Permit Application, DCR 199-043
(12/00).
Cabin & Camping Permit (1/10).
Research and Collecting Permit Application, DCR 199‑043 (rev. 7/2014)