For and in consideration of the issuance to me a license to act as guide, I hereby accept and agree to observe fully the following conditions:

1. To abide by and observe the laws and all rules and regulations promulgated for the government of the park and for the regulation of guide service.

2. In case of difference of opinion as to the interpretation of any law, rule, or regulation, to accept the decision of the superintendent.

3. To accord proper respect to the park rangers in their enforcement of the rules and regulations.

4. To require drivers of all vehicles, while under my conduct, to observe the park rules and regulations.

5. To be watchful to prevent damage to, or destruction of, park property or acts of vandalism affecting monuments, buildings, fences, or natural features of the park; to report any such damage, destruction, or vandalism which I may observe to the nearest available ranger without delay, and to furnish him with all information in my possession tending to identify the offenders and assist in their apprehension and punishment.

6. To demand of visitors nor more than the authorized fees for guide service and, when employed, to render service to the best of my ability.

7. To advise visitors who employ me, in advance, the length of time needed for a trip and its cost and, if visitors desire a shortened tour, to arrange for such service as may suit their convenience.

8. (a) Not to operate for hire any passenger vehicle or other vehicle of any kind, while pursuing the vocation of guide or wearing a guide's badge or uniform.

(b) Not to operate a visitor's motor vehicle unless I hold a valid motor vehicle operator's license issued by the State in which the national military park is located.

(c) Not to charge an extra fee for operating a visitor's motor vehicle.

9. In the event my license should be suspended or revoked by the superintendent, to refrain from offering my services or pursuing the vocation of guide, pending appeal to and decision of the Director of the National Park Service.

10. To return the license and official badge without delay to the superintendent should my license be revoked or suspended for more than 5 days or upon abandoning the occupation of guide.

11. While wearing the badge of a guide or any uniform or part of a uniform indicating me to be a guide, I will not act as agent, solicitor, representative, or runner for any business or enterprise whatever (except in

§ 25.3

Supervision; suspensions.

(a) The guide service will operate under the direction of the superintendent or his designated representative. Records will be kept of the efficiency of the guides and of all matters pertaining to the service.

(b) Superintendents are authorized to suspend any guide for violation of the regulations or for conduct prejudicial to the interests of the Government. A full report of the facts attending each suspension will be made to the Director of the National Park Service. The license of a guide who has been suspended indefinitely will not be renewed without the approval of the Director of the National Park Service.

§ 25.4 Schedule of rates.

As the conditions of each park differ with respect to the proper charge for the service rendered to the public, the schedule of rates for observance by the 11censed guides at each separate park will be submitted to the Director of the National Park Service for approval. The superintendent will prepare itineraries arranged so as best to observe the different features of the battlefield and submit them with recommendations as to schedule of rates to the Director of the National Park Service for approval.

§ 25.5 Badges and uniforms.

Licensed guides will be furnished with official badges as evidence of their authority, which shall remain the property of the Government and be returned to the superintendent upon relinquishment or revocation of the license as a guide. Where conditions warrant it and its purchase would not prove a hardship on the guides, they may be required to adopt a standard uniform, to be procured at their own expense.

AUTHORITY: The provisions of this Part 27 issued under secs. 1, 5, 75 Stat. 284, 290; 16 U.S.C. 459b, 459b-4.

SOURCE: The provisions of this Part 27 appear at 27 F.R. 6714, July 14, 1962, unless otherwise noted.

§ 27.1 General objectives.

(a) Consistent with the objectives set out in section 5 of the Act of August 7, 1961 (75 Stat. 284), development and management of the Cape Cod National Seashore will be conducted in a manner which will assure the widest possible public use, understanding and enjoyment of its natural, cultural and scientific features. The regulations in this part are designed and promulgated to establish minimum standards which local zoning bylaws must meet in furtherance of those purposes.

(b) The standards hereby established for approval of zoning bylaws or amendments of zoning bylaws-are intended: (1) To contribute to the effect of prohibiting the commercial and industrial use, other than existing commercial or industrial use not inconsistent with the purposes of the Act of August 7, 1961 (75 Stat. 284, 291), of all property within the boundaries of the Cape Cod National Seashore and situated in the towns of Provincetown, Truro, Wellfleet, Eastham, Orleans and Chatham; and (2) to promote preservation and development, in accordance with the purposes of the said Act, of the area comprising the seashore, by means of acreage, frontage and setback requirements and other provisions which may be required to be included in zoning bylaws consistent with the laws of Massachusetts. Zoning bylaws

or amendments of zoning bylaws applicable to the area within Cape Cod National Seashore, in order that they may be approved, shall conform to the standards herein set forth relating to preservation and development of the seashore in accordance with the purposes of the said Act. The Secretary shall be given notice of any amendments to approved zoning bylaws that affect the Seashore District. Nothing in these standards or in the zoning bylaws adopted pursuant thereto for the area within Cape Cod National Seashore shall preclude the Secretary of the Interior from fulfilling the responsibilities vested in him by the Act of August 7, 1961, or by the Act of August 25, 1916 (39 Stat. 535), as amended and supplemented.

(a) Description: The Seashore District shall include all those portions of the towns of Provincetown, Truro, Wellfleet, Eastham, Orleans and Chatham, lying within the exterior boundaries of the Cape Cod National Seashore.

(b) Zoning bylaws for the Seashore District shall be consistent with the objectives and purposes of the Act of August 7, 1961, so that to the extent possible under Massachusetts law-the scenic, scientific and cultural values of the area will be protected, undeveloped areas will be preserved in a natural condition, and the distinctive Cape Cod character of existing residential structures will be maintained.

(c) (1) No moving, alteration, or enlargement of existing one-family residential dwellings or structures accessory thereto situated within this District shall be permitted if such would afford less than a 50-foot setback from all streets measured at a right angle with the street line, and a 25-foot distance from the abutters' property lines (or less than such lesser setback or distance requirements already in existence for such dwellings or accessory structures).

(2) If through natural phenomena or causes a lot or lots are so diminished in size that an owner would be unable to comply with the setback or sideline requirements herein prescribed, such owner or the zoning authorities may, as provided in § 27.4(b), request the Secretary of the Interior to determine whether a proposed move, reconstruction. alteration of enlargement of an existing residential dwelling or accessory structure would subject the property to acquisition by condemnation.

(d) Zoning bylaws adopted pursuant to this regulation shall contain provisions designed to preserve the seashore character of the area by appropriate restrictions or prohibitions upon the burn

ing of cover, cutting of timber, filling of land, removal of soil, loam, sand or gravel and dumping, storage, or piling of refuse and other unsightly objects or other uses which would detract from the natural or traditional seashore scene.

(e) Zoning bylaws for the Seashore District may permit residential uses of "improved property" and other uses of such dwellings and their accessory structures: Provided, such other uses are traditional to these seashore communities, are customarily incidental to the principal residential use and do not alter the essential character of the dwelling and premises as a private residence. Subject to those conditions such uses may include, but are not limited to: (1) Partial use of dwellings by residents for a professional office (as for the practice of theology, law or medicine), as an artists' studio, for appropriate small scale home occupations as the making and selling of traditional Cape Cod products produced on the premises, and for the rental of rooms and serving of meals by residents of the premises to overnight guests; (2) the existence of structures, such as a garage, barn or boathouse accessory to the dwelling; (3) display of a sign, which may be indirectly but not directly illuminated and not to exceed two square feet in area, referring to the occupancy, sale, or rental of the premises; (4) traditional agricultural uses of cleared land, but not including such objectionable uses as a piggery or the raising of livestock, poultry or fur-bearing animals for commercial purposes; and (5) the opening of shellfish, the storage and use of fishing equipment, and other traditional fishing activities. No commercial or industrial ventures (other than of the types described above), may be established within the Seashore District.

§ 27.4 Variances and exceptions.

(a) Zoning bylaws may provide for variances and exceptions.

(b) Bylaws adopted pursuant to these standards shall contain provisions which constitute notice to applicants for variances and exceptions that, under section 5(d) of the Act of August 7, 1961, the Secretary of the Interior is authorized to withdraw the suspension of his authority to acquire, by condemnation, “improved property" that is made the subject of a variance or exception which, in his opinion, fails to conform or is in any manner opposed to or inconsistent with preservation and development of the seashore

as contemplated in the said Act. The Secretary may be consulted at any time by zoning authorities or by the owner of "improved property" regarding the effect of a proposed variance or exception upon the status of the affected property with regard to the suspension of the Secretary's authority to condemn. The Secretary, within 60 days of the receipt of a request for such determination, or as soon thereafter as is reasonably possible, shall advise the owner or zoning authorities whether or not the intended use will subject the property to acquisition by condemnation.

(c) The Secretary shall be promptly notified of the granting of any variance or exception.

(a) In administering, protecting, and developing the Fire Island National Seashore (hereinafter also referred to as the Seashore), the Secretary of the Interior (hereinafter referred to as the Secretary), is required to be guided by the provisions of the Act of September 11, 1964 (78 Stat. 928), and the applicable provisions of the laws relating to the National Park System. The Secretary, further, may utilize any other statutory authority available to him for the conservation and development of natural resources to the extent he finds that such authority will further the purposes of the said Act of September 11, 1964

(b) To the extent consistent with the aforesaid Act of September 11, 1964, development and management of the Fire Island National Seashore will be conducted in a manner to assure the conservation of its natural resources and the widest possible public use, understanding, and enjoyment of its natural and scientific features. This contemplates a broad range of outdoor recreational

activities, including, but not limited to, hiking, boating, swimming, fishing, picnicking, nature study, water skiing, or beachcombing, but any such activities shall be compatible with wise resource management and the physical capabilities of the Seashore.

(c) With one exception, the Secretary may not acquire by condemnation any privately owned "improved property" (defined in paragraph (d) of this section), or interests therein within the boundaries of the Seashore, or any property or interests therein within the communities delineated on the boundary map of the Seashore, for so long as the appropriate local zoning agency shall have in force and applicable to such property a duly adopted, valid zoning ordinance that is satisfactory to the Secretary. The sole exception to this limitation on the power of the Secretary to condemn improved property shall be in the approximately 8-mile area from the easterly boundary of the Brookhaven town park at Davis Park, in the town of Brookhaven, to the westerly boundary of the Smith Point County Park, where the Secretary may acquire land or improvements by this means if he deems it advisable for carrying out the terms of the Act of September 11, 1964, or to improve the contiguity of park land and ease its administration. Improved property owners within such 8-mile area have certain elections under section 3 (e) of that act if their property is taken for these purposes. The Secretary may acquire, by condemnation or other means, any beach or waters and such adjoining land as he determines is necessary for access to the beach or waters.

(d) As used herein, "improved property" means any building, the construction of which was begun prior to July 1, 1963, together with such amount of land on which said building is situated as the Secretary considers reasonably necessary to the use of said building not, however, to exceed 2 acres in the case of a residence or 10 acres in the case of a commercial or industrial use. The Secretary may exclude from such "improved property" any beach or waters, as well as land adjoining such beach or waters, which he deems necessary for public access thereto.

(e) The regulations in this part are designed to establish minimal standards to which local zoning ordinances for the Fire Island National Seashore must conform if certain improved properties and

properties within the delineated communities are to be exempt from acquisition by condemnation. These standards are intended: (1) To prohibit new commercial or industrial uses of all property within the Seashore, other than uses which the Secretary considers are consistent with the purposes of the act establishing the Seashore; and (2) to promote the protection and development of the land within the Seashore in keeping with the purposes of that act by means of acreage, frontage and setback requirements.

(f) Following promulgation of the regulations in this part in final form, the Secretary is required to approve any zoning ordinances or amendments to approved zoning ordinances submitted to him which conform to the standards herein set forth. He may not, however, approve any ordinance or amendment thereto which: (1) Contains any provisions that he considers adverse to the protection and development of the area comprising the Seashore; or (2) fails to provide that the Secretary shall receive notice of any variance granted under, or any exception made to, the application of such ordinance or amendment.

(g) Nothing contained in the regulations in this part or in the zoning ordinances or amendments adopted pursuant to such regulations for the area within the Seashore shall preclude the Secretary from exercising his power of condemnation with respect to: (1) Any property not within the definition of "improved property;" (2) property within the 8-mile area between Davis Park and the westerly boundary of the Smith Point County Park; or (3) any other property-including "impoved property" and property within the delineated communities-if the appropriate local zoning agency does not have in force and applicable to such property, zoning ordinances that are satisfactory to the Secretary, or if a property owner fails to comply with the conditions, requirements, and restrictions in this part. The submissions shall part and in zoning ordinances approved by the Secretary. Nor shall these regulations preclude the Secretary from otherwise fulfilling the responsibilities vested in him by the act authorizing establishment of the Seashore or by the Act of August 25, 1916 (39 Stat. 535), as amended and supplemented.

§ 28.2 General provisions.

Following issuance of the regulations in this part, the towns and villages wholly

(a) Definition: This district shall comprise all those portions of the Seashore within the towns of Brookhaven and Islip which lie outside the communities delineated on the official map of the Fire Island National Seashore, numbered OGP-0002, and dated June 1964.

(b) Zoning ordinances in effect or adopted for this district shall conform to the general and specific standards prescribed in the regulations in this part for such district and shall be consistent with the objectives and purposes of the Act of September 11, 1964 (78 Stat. 928), so that to the extent possible under New York State law-natural resources and values will be preserved and protected and any uses within such district will be compatible with preservation of the flora and fauna and the physiographic conditions now prevailing. In keeping with these objectives and purposes, additional or increased commercial or industrial uses are prohibited within the Seashore District.

(c) No moving, alteration, or improvement of existing residential dwellings or structures appurtenant thereto or beach clubs shall be permitted within this district unless there is compliance with the acreage, frontage, and setback requirements, the height limitations and maximum plot Occupancy requirements contained in a zoning ordinance, or amendment thereto, which is acceptable to the Secretary. If through natural phenomena or causes a lot or lots are so diminished in size that an owner of property within this district would be unable to comply with the requirements prescribed in this paragraph, for moves, alterations, or improvements, such owner or the zoning authorities of the towns of Brookhaven or Islip may, as provided in § 28.5, request the Secretary of the Interior to determine whether the proposed

move of an existing structure to a location on the same or another lot would subject the property to acquisition by condemnation.

(d) Those provisions relating to acreage, frontage and setback requirements, height limitations, and maximium plot occupancy requirements contained in zoning ordinances of the towns of Brookhaven and Islip which are in effect in the Seashore District on the date of issuance of the regulations in this part are hereby adopted as the acreage, frontage, setback, height, and maximum plot Occupancy standards for such district. From time to time these standards will be reviewed and, if necessary, revised through the issuance of amended regulations. It is the clear intention of the act authorizing establishment of this Seashore that all land within its boundaries except certain "improved property" and property within delineated communities-be acquired by the United States as rapidly as appropriated funds are made available therefor and before future development occurs. Accordingly, unimproved property situated within the Seashore District will be subject to acquisition by the Secretary by condemnation in the event it is developed by the owner for any purpose.

(e) There shall be in effect in this district appropriate limitations, requirements, or restrictions upon the burning of cover, the filling or clearing of land, the cutting of trees or removal of brush, undergrowth, and shrubbery, the removal of sand and the dumping, storing, or piling of refuse, materials, equipment, or other unsightly objects which would detract from the natural scene.

(f) Signs within this district shall not be illuminated and shall be limited to one square foot in area, including signs advertising the sale or rental of property which may be placed only on the property advertised for sale or rental. No other advertising displays or signs shall be permitted. Nonconforming signs may continue such nonconformity until they are destroyed, structurally altered, reconstructed, changed, or moved, but the period of such nonconformity may not exceed 2 years from the date the zoning ordinance imposing the restrictions contained in this paragraph is approved by the town.

§ 28.4 Developed areas district.

(a) Definition: This district shall include all these portions of the Seashore