36 C.F.R. § 2.13

Fires

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(a) The following are prohibited:

(1) Lighting or maintaining a fire, except in designated areas or receptacles and under conditions that may be established by the superintendent.

(2) Using stoves or lanterns in violation of established restrictions.

(3) Lighting, tending, or using a fire, stove or lantern in a manner that threatens, causes damage to, or results in the burning of property, real property or park resources, or creates a public safety hazard.

(4) Leaving a fire unattended.

(5) Throwing or discarding lighted or smoldering material in a manner that threatens, causes damage to, or results in the burning of property or park resources, or creates a public safety hazard.

(b) Fires shall be extinguished upon termination of use and in accordance with such conditions as may be established by the superintendent. Violation of these conditions is prohibited.

(c) During periods of high fire danger, the superintendent may close all or a portion of a park area to the lighting or maintaining of a fire.

(d) The regulations contained in this section apply, regardless of land ownership, on all lands and waters within a park area that are under the legislative jurisdiction of the United States.

[48 FR 30282, June 30, 1983, as amended at 52 FR 35240, Sept. 18, 1987]

Notes of Decisions

Cited in 4 cases (2 in the last 5 years), 1973–2026 · leading case: United States v. Thomas Duffy, 479 F.2d 1038 (2d Cir. 1973).

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United States v. Thomas Duffy, 479 F.2d 1038 (2d Cir. 1973). · cites it 2× “Moreover, the general limiting regulation, 36 C.F.R. § 2.13 (j) (3), provides that “[i]n natural and historical areas: Fishing in fresh waters for merchandise or profit is prohibited except as provided under special regulations.”

United States v. Marc Groah (9th Cir. 2019). · cites it 5× “Defendant-Appellant Marc Groah was convicted by a magistrate judge under 36 C.F.R. § 2.13 (a)(1) for lighting or maintaining a fire on Rodeo Beach in the * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.”

United States v. Carey (D.D.C. 2026). · cites it 2× “He was charged with the misdemeanors of (1) “[l]ighting or maintaining a fire” that was not “in designated areas or receptacles and under conditions that may be established by the superintendent,” 36 C.F.R. § 2.13 (a)(1), and (2) “[l]ighting, tending, or using a fire .”

Hanson v. United States of Am. (TV1) (E.D. Tenn. 2021). “15 (a)(2); Fire in a Closed Area, 36 C.F.R. § 2.13 (a)(1); Interfering with Agency Functions – Disobeying Lawful Orders, 4 36 C.”

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