Commercial Filming and Photography

Changes to Commercial Filming Permits on Park Land

Effective October 28, 2022, the National Park Service (NPS) has rescinded interim guidance that was in place during litigation regarding commercial filming and has returned to longstanding laws and regulations governing commercial filming in parks.

What is commercial filming?

"Commercial filming" means the film, electronic, magnetic, digital, or other recording of a moving image by a person, business, or other entity for a market audience with the intent of generating income. Examples include, but are not limited to, feature film, videography, and documentaries. Commercial filming may include the advertisement of a product or service, or the use of actors, models, sets, or props.

Under Public Law 106-206 all commercial filming requires a permit and is subject to a location fee and cost recovery. In Public Law 106-206, Congress expressed the importance of resource protection and provided that the permit request should be denied if:·

• There is the likelihood that resource damage would occur that cannot be mitigated or restored under the terms and conditions of a permit;

• There is the likelihood of unreasonable disruption of or conflict with the public’s use/enjoyment of the site;

• There is the likelihood that the activity poses health or safety risks to the public;

• There is the likelihood that the activity would result in the impairment of park resources or values;

• The requested activity will violate any other applicable Federal, State, or local law or regulation.

Still Photography

When is a permit needed?

In most cases, still photography does not require a permit. A permit is required for still photography only when:

1. the activity takes place at location(s) where or when members of the public are generally not allowed; or
2. the activity uses model(s), sets(s), or prop(s) that are not a part of the location's natural or cultural resources or administrative facilities; or
3. park would incur additional administrative costs to monitor the activity.

A “model” means a person or object that serves as the subject for still photography for the purpose of promoting the sale or use of a product or service. Models include, but are not limited to, individuals, animals, or inanimate objects, such as vehicles, boats, articles of clothing, and food and beverage products. Portrait subjects, such as wedding parties and high school graduates, are not considered models.

If I’m a social media influencer, do I need a permit?

Federal law requires a permit for all commercial filming, no matter the size of the crew or the type of equipment. This includes individuals or small groups that don’t use much equipment, but generate revenue by posting footage on websites, such as YouTube and TikTok.

How much does a filming permit cost?

Federal law requires the NPS to recover its administrative costs for commercial filming and still photography activities that require a permit. Cost recovery includes an application fee and any additional charges to cover the costs incurred by the NPS in processing your request and monitoring the permitted activities. This amount will vary depending on the park and the size and complexity of the permitted activities. The application fee must be submitted with your application.

Restrictions

Drone Use: Launching, landing, or operating of drones (i.e., unmanned aircraft) from or on lands and waters administered by the National Park Service is prohibited except as approved in writing by the superintendent.

Application

If you'd like to apply for a permit or have any questions, contact or submit your completed form to the Special Use Permit Specialist.

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