Mo. Code Regs. tit. 10 § 90-2.040

Current through Register Vol. 49, No. 24, December 16, 2024

Section 10 CSR 90-2.040 - Park Property

PURPOSE: This rule is established to ensure the care and protection of all natural and manmade resources within state parks and historic sites.

(1) Buildings, Signs and Other Property. No person shall in any manner willfully mark, deface or injure in any way, or displace, remove or tamper with any state park or historic site buildings, bridges, tables, benches, fireplaces, railings, paving or paving material, water lines or other public utilities or parts or appurtenances thereof, park signs, notices or placards whether temporary or permanent, monuments, stakes, posts or other boundary markers or other structures, equipment or facilities, without written permission from the director. Requests for removal of buildings and structures shall follow procedures as outlined in the division's policy regarding care and treatment of cultural resources.

(2) Unauthorized Use or Removal of Park Property. No person shall dig, move, mar, deface or remove from any state park or historic site area any beach sand, gravel or minerals, whether submerged or not, or any soil, rock, artifacts, relics, stones, trees, shrubs or plants, down-timber or other wood materials, or make any excavation by tool, equipment, blasting or other means or agency, or construct or erect any building or structure of whatever kind whether permanent or temporary in character or run or string any public service utility into, upon or across the lands, without written permission from the director.

(3) Climbing on Property. No person shall climb, clamber on or over any buildings, structures, forts or ruins in any state park or historic site unless s/he is conducted by the facility manager or his/her authorized representative.

(4) Trees, Shrubbery, Lawns, etc. No person shall cut, carve or injure the bark, or break off limbs or branches or mutilate in any way, or pick the flowers of any plant species within any state park or historic site. Persons may collect for personal consumption within the state park or historic site small quantities of wild edible fruit, berries, seeds, and nuts (excluding below-ground plant parts) in quantities not to exceed a one-gallon container. Any such edible fruit, etc. so collected shall not be transported outside the state park or historic site. Every person is permitted to collect by hand edible mushrooms for personal consumption outside the state park or historic site providing that the quantity collected does not exceed that which fills a two-gallon container. No person shall dig in or otherwise disturb or destroy grass areas, or lawns, pile debris or material of any kind on park grounds or attach any rope, wire or other contrivance thereto. No person shall plant or remove any vegetation and/or propa-gules (seeds, roots, etc.), or collect or remove flowers or other plant parts without the written permission from the director.

(5) Caves. Any person desiring to enter a natural cave in any state park or historic site shall comply with the requirements posted at the cave entrance. If no sign is posted at the cave entrance, then the facility manager or designee must be contacted to determine access requirements. This same person shall check out with the facility manager or his/her representative prior to leaving the park. The following conditions will be met for those caves in which a permit is issued. Failure to comply shall be cause for revocation of the permit.

(A) Any person under eighteen (18) years of age shall have the signature of his/her parent or guardian or be in the company of his/her parent or guardian.

(B) All persons will be familiar with the state park rules and shall agree not to litter, remove, injure, disfigure, deface or destroy any living organism, object or portion of the cave.

(C) Each person shall have three individual sources of light.

(D) Each person shall wear a hard hat.

(E) Each person shall carry plastic bags for removal of trash and solid human waste and to keep spent carbide in.

(F) Each group shall carry one (1) first-aid kit in the cave with them.

(G) Overnight camping is not permitted in caves or mines.

(6) Limited Access Areas. Certain areas within state parks and historic sites possessing unusual natural significance and being vulnerable to damage resulting from public access shall be designated as limited access areas by the director. Areas so designated shall be properly posted. Entrance to limited access areas shall require the permission of the facility manager.

(7) Natural Resource Management. The Division of State Parks is authorized to expend funds and allocate resources as appropriated for the purpose of managing natural resources on state parks and historic sites. These activities may include prescribed burns, removal or control of native and exotic plant species, tree thinning or removal; or other manipulations of native plants and wildlife deemed necessary to protect and sustain natural ecosystems. No such actions shall be engaged upon without the written permission from the director, either specifically for that project or as part of an approved management plan for a state park or historic site.

(8) Bridge Load Limits. Certain bridges owned and maintained by the Department of Natural Resources will be posted with load limit and speed limit signs as required to ensure the safety of the motorists and to preserve the integrity of the bridge structures. These limits shall conform to recommendations resulting from engineering studies or Missouri Department of Transportation evaluations.

10 CSR 90-2.040

AUTHORITY: section 253.035, RSMo 2000.* Original rule filed May 17, 1954, effective 5/27/1954. Amended: Filed Nov. 24, 1959, effective 12/3/1959. Amended: Filed Jan. 16, 1963, effective 1/26/1963. Amended: Filed Dec. 31, 1975, effective 1/10/1976. Amended: Filed Jan. 16, 1978, effective 7/13/1978. Amended: Filed March 25, 1981, effective 8/13/1981. Amended: Filed June 10, 1981, effective 9/11/1981. Amended: Filed Nov. 2, 1983, effective 2/11/1984. Amended: Filed March 18, 1987, effective 7/23/1987. Amended: Filed Oct. 26, 2000, effective 6/30/2001.

*Original authority: 253.035, RSMo 1961, amended 1967, 1983, 1993, 1995.