Administrative Code

Virginia Administrative Code
12/9/2022

Chapter 30. Virginia State Parks Regulations

4VAC5-30-10. Definitions.

Whenever used in this chapter, the following words and terms shall have the following meanings unless the context clearly indicates otherwise:

"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" means a tent, tent trailer, travel trailer, camping trailer, pick-up camper, motor 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, (ii) a seat for the use of the rider, and (iii) an electric motor with an input of no more than 750 watts.

"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 that possesses a motor of any description used for propulsion or to assist in the propulsion of the vehicle.

"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 all written licenses issued by or under authority of the department, permitting the performance of a specified act.

"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.

"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."

"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.

Statutory Authority

§ 10.1-104 of the Code of Virginia.

Historical Notes

Derived from VR215-01-02 § 1, eff. May 4, 1983; amended, Virginia Register Volume 26, Issue 11, eff. March 18, 2010; Volume 36, Issue 1, eff. October 17, 2019; Volume 38, Issue 12, eff. March 2, 2022.

4VAC5-30-20. Construction of regulations.

In the interpretation of this chapter, 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 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 is in addition to and a supplement to the 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.

Statutory Authority

§ 10.1-104 of the Code of Virginia.

Historical Notes

Derived from VR215-01-02 § 2, eff. May 4, 1983; amended, Virginia Register Volume 26, Issue 11, eff. March 18, 2010; Volume 36, Issue 1, eff. October 17, 2019; Volume 38, Issue 12, eff. March 2, 2022.

4VAC5-30-30. Territorial scope.

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 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.

Statutory Authority

§ 10.1-104 of the Code of Virginia.

Historical Notes

Derived from VR215-01-02 § 3, eff. May 4, 1983; amended, Virginia Register Volume 26, Issue 11, eff. March 18, 2010; Volume 36, Issue 1, eff. October 17, 2019; Volume 38, Issue 12, eff. March 2, 2022.

4VAC5-30-32. General.

Failure to comply with this chapter, as well as other applicable laws and regulations, and agency signage, may result in revocation of permits or registrations, forfeiture of applicable prices paid, a Virginia uniform summons, arrest, and prosecution.

Statutory Authority

§ 10.1-104 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 26, Issue 11, eff. March 18, 2010; amended, Virginia Register Volume 36, Issue 1, eff. October 17, 2019; Volume 38, Issue 12, eff. March 2, 2022.

4VAC5-30-40. Permits.

The department may issue a permit for activities otherwise prohibited in this chapter. A permit to do any act shall authorize the same only insofar as it may be performed in strict accordance with the terms and conditions thereof. Any violation by its holders or his agents or employees of any term or condition thereof shall constitute grounds for its revocation by the department, or by its authorized representative, whose action therein shall be final. In case of revocation of any permit, all moneys paid for or on account thereof shall, at the option of the department, be forfeited to and be retained by it; and the holder of such permit, together with his agents and employees who violated such terms and conditions, shall be jointly and severally liable to the department for all damages and loss suffered by it in excess of money so forfeited and retained; but neither such forfeiture and retention by the department of the whole or any part of such moneys nor the recovery or collection thereby of such damages, or both, shall in any manner relieve such person or persons from liability to punishment for any violation of any provision of any Virginia State Parks Regulation.

Permit applications may be obtained through individual parks, the department website, or through the park central office. Permits may be filed electronically in a manner specified by the department, including, but not limited to, electronic mail or by completing any forms provided online by the department.

Statutory Authority

§ 10.1-104 of the Code of Virginia.

Historical Notes

Derived from VR215-01-02 § 4, eff. May 4, 1983; amended, Virginia Register Volume 26, Issue 11, eff. March 18, 2010.

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, historical artifact, or mineral in any park unless a special permit has been obtained for scientific collecting. Edible fruits, berries, fungi, 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 in a manner specified by the department.

Statutory Authority

§ 10.1-104 of the Code of Virginia.

Historical Notes

Derived from VR215-01-02 § 5, eff. May 4, 1983; amended, Virginia Register Volume 26, Issue 11, eff. March 18, 2010; Volume 36, Issue 1, eff. October 17, 2019; Volume 38, Issue 12, eff. March 2, 2022.

4VAC5-30-60. Buildings, signs, structures, etc.

No person shall in any manner injure, deface, disturb, destroy, or disfigure any part of any park, nor any building, sign, equipment or any other property found therein.

Statutory Authority

§ 10.1-104 of the Code of Virginia.

Historical Notes

Derived from VR215-01-02 § 6, eff. May 4, 1983.

4VAC5-30-70. Disposal of refuse, garbage, etc.

No person shall deposit in any part of the park any garbage, sewerage, refuse, waste, cigarette or cigar butts, vegetables, foodstuffs, boxes, cans, plastics, paper, or other litter or other waste material or obnoxious material, except in containers designed for such purposes.

Statutory Authority

§ 10.1-104 of the Code of Virginia.

Historical Notes

Derived from VR215-01-02 § 7, eff. May 4, 1983; amended, Virginia Register Volume 26, Issue 11, eff. March 18, 2010.

4VAC5-30-80. Pollution of waters.

No person shall in the streams, lakes or other waters of any park bathe dogs or other animals, wash vehicles or clothing, or throw, cast, lay, drop, or discharge into or leave in the streams, lakes or other waters of the park or in any storm sewer or drain flowing into said waters, any substance, matter or thing, liquid or solid, which may or shall result in the pollution of said waters.

Statutory Authority

§ 10.1-104 of the Code of Virginia.

Historical Notes

Derived from VR215-01-02 § 8, eff. May 4, 1983.

4VAC5-30-90. Lawful orders.

No person shall disobey a lawful order of a conservation officer.

Statutory Authority

§ 10.1-104 of the Code of Virginia.

Historical Notes

Derived from VR215-01-02 § 9, eff. May 4, 1983; amended, Virginia Register Volume 26, Issue 11, eff. March 18, 2010.

4VAC5-30-95. Public urination or defecation.

Urinating or defecating other than at the places provided therefore is prohibited, with the exception for path or 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 trail.

Statutory Authority

§ 10.1-104 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 36, Issue 1, eff. October 17, 2019; amended, Virginia Register Volume 38, Issue 12, eff. March 2, 2022.

4VAC5-30-100. (Repealed.)

Historical Notes

Derived from VR215-01-02 § 10, eff. May 4, 1983; repealed, Virginia Register Volume 26, Issue 11, eff. March 18, 2010.

4VAC5-30-110. (Repealed.)

Historical Notes

Derived from VR215-01-02 § 11, eff. May 4, 1983; repealed, Virginia Register Volume 26, Issue 11, eff. March 18, 2010.

4VAC5-30-120. Opening and closing hours.

No person except employees or officers of the department shall be allowed within the park between the hours of 10 p.m. and 6 a.m. except cabin guests and campers unless participating in special park sanctioned activities.

Statutory Authority

§ 10.1-104 of the Code of Virginia.

Historical Notes

Derived from VR215-01-02 § 12, eff. May 4, 1983; amended, Virginia Register Volume 26, Issue 11, eff. March 18, 2010.

4VAC5-30-130. Charges.

No person shall make use of, gain admittance to, or attempt to use or gain admittance to the facilities in any park for the use of which a charge is made by the department unless he shall pay the charge or price fixed by the department.

Statutory Authority

§ 10.1-104 of the Code of Virginia.

Historical Notes

Derived from VR215-01-02 § 13, eff. May 4, 1983.

4VAC5-30-140. Picnic area.

Picnicking in any park is allowed only in the areas designated as picnic areas.

Statutory Authority

§ 10.1-104 of the Code of Virginia.

Historical Notes

Derived from VR215-01-02 § 14, eff. May 4, 1983; amended, Virginia Register Volume 26, Issue 11, eff. March 18, 2010.

4VAC5-30-150. Camping.

A. Reservation. Camping will be conducted only under a valid reservation. A reservation is obtained 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. 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 reservation.

Camping may only be performed in strict accordance with the terms and conditions of the reservation. Any violation of the terms of the reservation by any member of the party shall constitute grounds for reservation revocation by the department, or by its authorized representative, whose action shall be final. In case of revocation of any 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.

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. 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. 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. 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. 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 combustion 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.

Statutory Authority

§ 10.1-104 of the Code of Virginia.

Historical Notes

Derived from VR215-01-02 § 15, eff. May 4, 1983; amended, Virginia Register Volume 26, Issue 11, eff. March 18, 2010; Volume 36, Issue 1, eff. October 17, 2019; Volume 38, Issue 12, eff. March 2, 2022.

4VAC5-30-160. Cabins.

A. Use of state park cabins, camping cabins, lodges, and yurts shall only be permitted pursuant to the reservation acknowledgment, reservation confirmation, or established department policy dealing with reservations, registration, occupancy, prices, length of stay, and rental period.

B. Damage to any park cabin, camping cabin, lodge, 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.

Statutory Authority

§ 10.1-104 of the Code of Virginia.

Historical Notes

Derived from VR215-01-02 § 16, eff. May 4, 1983; amended, Virginia Register Volume 26, Issue 11, eff. March 18, 2010; Volume 36, Issue 1, eff. October 17, 2019; Volume 38, Issue 12, eff. March 2, 2022.

4VAC5-30-170. 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 swimming areas.

Statutory Authority

§ 10.1-104 of the Code of Virginia.

Historical Notes

Derived from VR215-01-02 § 17, eff. May 4, 1983; amended, Virginia Register Volume 36, Issue 1, eff. October 17, 2019; Volume 38, Issue 12, eff. March 2, 2022.

4VAC5-30-180. (Repealed.)

Historical Notes

Derived from VR215-01-02 § 18, eff. May 4, 1983; repealed, Virginia Register Volume 36, Issue 1, eff. October 17, 2019; repealed, Virginia Register Volume 38, Issue 12, eff. March 2, 2022.

4VAC5-30-190. Boating.

Boating of any kind in a swimming area is prohibited.

Statutory Authority

§ 10.1-104 of the Code of Virginia.

Historical Notes

Derived from VR215-01-02 § 19, eff. May 4, 1983; amended, Virginia Register Volume 26, Issue 11, eff. March 18, 2010; Volume 36, Issue 1, eff. October 17, 2019; Volume 38, Issue 12, eff. March 2, 2022.

4VAC5-30-200. (Repealed.)

Historical Notes

Derived from VR215-01-02 § 20, eff. May 4, 1983; amended, Virginia Register Volume 19, Issue 9, eff. February 12, 2003; repealed, Virginia Register Volume 28, Issue 18, eff. May 7, 2012.

4VAC5-30-210. (Repealed.)

Historical Notes

Derived from VR215-01-02 § 21, eff. May 4, 1983; repealed, Virginia Register Volume 26, Issue 11, eff. March 18, 2010.

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 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.

Statutory Authority

§ 10.1-104 of the Code of Virginia.

Historical Notes

Derived from VR215-01-02 § 22, eff. May 4, 1983; amended, Virginia Register Volume 26, Issue 11, eff. March 18, 2010; Volume 36, Issue 1, eff. October 17, 2019; Volume 38, Issue 12, eff. March 2, 2022.

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.

Statutory Authority

§ 10.1-104 of the Code of Virginia.

Historical Notes

Derived from VR215-01-02 § 23, eff. May 4, 1983; amended, Virginia Register Volume 26, Issue 11, eff. March 18, 2010; Volume 36, Issue 1, eff. October 17, 2019; Volume 38, Issue 12, eff. March 2, 2022.

4VAC5-30-240. Hunting.

No person within the confines of any park, shall hunt, pursue, trap, shoot, injure, kill or molest in any way any bird or animal, nor shall any person have any wild bird or animal in his possession within the park, provided, however, that this regulation shall not apply in areas designated for hunting by the department. At such time as the department director deems it in the best interest of the safety and welfare of the public and other persons authorized to be in the area, he shall close the area to hunting.

Statutory Authority

§ 10.1-104 of the Code of Virginia.

Historical Notes

Derived from VR215-01-02 § 24, eff. May 4, 1983; amended, Virginia Register Volume 26, Issue 11, eff. March 18, 2010.

4VAC5-30-250. Fishing.

The taking of fish by hook and line, the taking of bait fish by cast net, and crabbing by line and net is permitted in the designated areas in each park, the only stipulations being that persons taking fish by hook and line must have a state fishing license required by law and comply with the applicable Department of Wildlife Resources or Marine Resources Commission rules and regulations. This is intended to be a complete list of authorized fishing activities in parks and does not allow other activities requiring fishing licenses such as bow-fishing or the taking of amphibians, which are prohibited.

Statutory Authority

§ 10.1-104 of the Code of Virginia.

Historical Notes

Derived from VR215-01-02 § 25, eff. May 4, 1983; amended, Virginia Register Volume 26, Issue 11, eff. March 18, 2010; Volume 38, Issue 12, eff. March 2, 2022.

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 swimming areas under any circumstances, except for service or hearing dogs identifiable in accordance with § 51.5-44 of the Code of Virginia.

Statutory Authority

§ 10.1-104 of the Code of Virginia.

Historical Notes

Derived from VR215-01-02 § 26, eff. May 4, 1983; amended, Virginia Register Volume 26, Issue 11, eff. March 18, 2010; Volume 36, Issue 1, eff. October 17, 2019; Volume 38, Issue 12, eff. March 2, 2022.

4VAC5-30-270. Sports and games; when permitted.

No games or athletic contest shall be allowed in any park except in such places as may be designated therefor.

Statutory Authority

§ 10.1-104 of the Code of Virginia.

Historical Notes

Derived from VR215-01-02 § 27, eff. May 4, 1983; amended, Virginia Register Volume 26, Issue 11, eff. March 18, 2010.

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. With the exception of wheelchairs, power-driven mobility devices are only allowed on those paths or trails that have been designated by the department as appropriate for such use.

Statutory Authority

§ 10.1-104 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 26, Issue 11, eff. March 18, 2010; amended, Virginia Register Volume 36, Issue 1, eff. October 17, 2019; Volume 38, Issue 12, eff. March 2, 2022.

4VAC5-30-276. Bicycle path use.

No person shall use a bicycle, an electric power-assisted bicycle, or a similarly propelled device in any area other than designated bicycle paths in any park. Any authorized use of an electric power-assisted bicycle will be limited to class one or class two bicycles as defined in § 46.2-100 of the Code of Virginia. No person shall engage in an activity expressly prohibited by park rules and regulations.

Statutory Authority

§ 10.1-104 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 26, Issue 11, eff. March 18, 2010; amended, Virginia Register Volume 36, Issue 1, eff. October 17, 2019; Volume 38, Issue 12, eff. March 2, 2022.

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 park rules and regulations.

Statutory Authority

§ 10.1-104 of the Code of Virginia.

Historical Notes

Derived from VR215-01-02 § 28, eff. May 4, 1983; amended, Virginia Register Volume 26, Issue 11, eff. March 18, 2010; Volume 36, Issue 1, eff. October 17, 2019; Volume 38, Issue 12, eff. March 2, 2022.

4VAC5-30-290. Vehicles; where prohibited.

No person shall drive a motor vehicle in any park within or upon a safety zone, walk, bicycle or bridle path, fire truck trail, service road or any part of any park not designated for, or customarily used by motor vehicles, except properly authorized individuals engaged in fire management, park maintenance, or other necessary park-related activities.

Statutory Authority

§ 10.1-104 of the Code of Virginia.

Historical Notes

Derived from VR215-01-02 § 29, eff. May 4, 1983; amended, Virginia Register Volume 38, Issue 12, eff. March 2, 2022.

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 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.

Statutory Authority

§ 10.1-104 of the Code of Virginia.

Historical Notes

Derived from VR215-01-02 § 30, eff. May 4, 1983; amended, Virginia Register Volume 26, Issue 11, eff. March 18, 2010; Volume 36, Issue 1, eff. October 17, 2019; Volume 38, Issue 12, eff. March 2, 2022.

4VAC5-30-310. Obstructing traffic.

No person shall cause or permit a vehicle to obstruct traffic by unnecessary stopping in any park.

Statutory Authority

§ 10.1-104 of the Code of Virginia.

Historical Notes

Derived from VR215-01-02 § 31, eff. May 4, 1983; amended, Virginia Register Volume 26, Issue 11, eff. March 18, 2010.

4VAC5-30-320. (Repealed.)

Historical Notes

Derived from VR215-01-02 § 32, eff. May 4, 1983; repealed, Virginia Register Volume 26, Issue 11, eff. March 18, 2010.

4VAC5-30-330. Excessive loads.

No person shall operate an excessively loaded vehicle anywhere in any park. The determination of whether a load is excessive will be made by park management and will be based upon the load and the condition of the road.

Statutory Authority

§ 10.1-104 of the Code of Virginia.

Historical Notes

Derived from VR215-01-02 § 33, eff. May 4, 1983; amended, Virginia Register Volume 26, Issue 11, eff. March 18, 2010.

4VAC5-30-340. Commercial enterprises.

No person shall, in any park, sell or offer for sale, hire, lease or let out, any object or merchandise, property, privilege, service or any other thing, or engage in any business or erect any building, booth, tent, stall or any other structure whatsoever for a commercial purpose.

No person to whom property of any park has been entrusted for personal use shall hire, lease, let out, or sell the same to any other person.

Statutory Authority

§ 10.1-104 of the Code of Virginia.

Historical Notes

Derived from VR215-01-02 § 34, eff. May 4, 1983; amended, Virginia Register Volume 26, Issue 11, eff. March 18, 2010.

4VAC5-30-350. (Repealed.)

Historical Notes

Derived from VR215-01-02 § 35, eff. May 4, 1983; repealed, Virginia Register Volume 26, Issue 11, eff. March 18, 2010.

4VAC5-30-360. Commercial vehicles.

No person shall operate a bus, taxicab or other commercial vehicle designed or used for the transportation of passengers or property within any park, except for the arranged pickup or delivery of park users.

Statutory Authority

§ 10.1-104 of the Code of Virginia.

Historical Notes

Derived from VR215-01-02 § 36, eff. May 4, 1983; amended, Virginia Register Volume 26, Issue 11, eff. March 18, 2010.

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.

Statutory Authority

§ 10.1-104 of the Code of Virginia.

Historical Notes

Derived from VR215-01-02 § 37, eff. May 4, 1983; amended, Virginia Register Volume 26, Issue 11, eff. March 18, 2010; Volume 36, Issue 1, eff. October 17, 2019; Volume 38, Issue 12, eff. March 2, 2022.

4VAC5-30-380. Meetings and exhibitions.

No person shall in any park erect any structure, stand or platform, hold any meeting, or exhibition, perform any ceremony, or make any speech or address if it limits or impacts the ability of the general public to utilize the park for the purposes for which it was established, may cause injury or damage to park resources, or impairs the operation of the park facilities or delivery of services.

Statutory Authority

§ 10.1-104 of the Code of Virginia.

Historical Notes

Derived from VR215-01-02 § 38, eff. May 4, 1983; amended, Virginia Register Volume 26, Issue 11, eff. March 18, 2010; Errata, 26:15 VA.R. 2309 March 29, 2010.

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.

Statutory Authority

§ 10.1-104 of the Code of Virginia.

Historical Notes

Derived from VR215-01-02 § 39, eff. May 4, 1983; amended, Virginia Register Volume 26, Issue 11, eff. March 18, 2010; Volume 36, Issue 1, eff. October 17, 2019; Volume 38, Issue 12, eff. March 2, 2022.

4VAC5-30-400. Aviation.

No person shall voluntarily land or unlawfully operate within or upon any park, any airplane, remote control model aircraft, 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.

Statutory Authority

§ 10.1-104 of the Code of Virginia.

Historical Notes

Derived from VR215-01-02 § 40, eff. May 4, 1983; amended, Virginia Register Volume 26, Issue 11, eff. March 18, 2010; Volume 36, Issue 1, eff. October 17, 2019; Volume 38, Issue 12, eff. March 2, 2022.

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 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 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.

Statutory Authority

§ 10.1-104 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 26, Issue 11, eff. March 18, 2010; amended, Virginia Register Volume 36, Issue 1, eff. October 17, 2019; Volume 38, Issue 12, eff. March 2, 2022.

4VAC5-30-420. Release of domestic animals or wildlife on park property.

No person shall release domestic animals, fish, or wildlife captured or propagated elsewhere into any park, unless approved by the park management.

Statutory Authority

§ 10.1-104 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 26, Issue 11, eff. March 18, 2010; amended, Virginia Register Volume 36, Issue 1, eff. October 17, 2019; Volume 38, Issue 12, eff. March 2, 2022.

4VAC5-30-422. Feeding wildlife prohibited.

No person shall feed wildlife in any park, except for park sponsored programmatic activities.

Statutory Authority

§ 10.1-104 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 26, Issue 11, eff. March 18, 2010.

FORMS (4VAC5-30).

Research and Collecting Permit Application, DCR 199-043 (rev. 7/2014)

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