Commercial Filming and Photography Permits

In order to monitor and regulate the use of park areas while still conserving the scenery, natural and historic objects, and wildlife within park boundaries, all National Park Service areas require special use permits for certain activities. This may include the filming or still photography. Continue reading to learn if you should obtain a permit for your activity.

Effective October 28, 2022, the National Park Service rescinded interim guidance that was in place during litigation regarding commercial filming and has returned to longstanding laws and regulations governing commercial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. Questions and answers about filming and photography are provided below.

Obtaining a Commercial Filming or Still Photography Permit

In order to obtain a commercial filming or photography permit, you must first fill out an application. Download the application, fill out with your information, and email a copy to [e-mail].

Application for Still Photography
Application for Commerical Filming

After sending your application, you will be contacted within 7-10 business days to collect payment. Once we receive your payment, a permit will be emailed to you for a signature. Requests which involve multiple locations, complex logistics, or coordination with other visitor activities will require a minimum of 15 working days to process. Projects which require environmental or cultural resource evaluation must be submitted not less than 30 days before the start of proposed activities. Applications are processed in the order in which they are received.

Note: If you are unable to fill out application digitally, you may print application, complete, and scanned copy to [e-mail]. If you are unable to submit the application digitally, call Harkers Island Visitor Center [phone] to request an application to be mailed to you.

When do you need a permit for filming or still photography?

• Involves the use of a model(s), actor(s), set(s), or prop(s) that are not part of the location's natural or cultural resources or administrative facilities
• Takes place at location(s) where or when members of the public are generally not allowed
• Requires access to the park after normal working hours
• Incurs additional administrative costs to the park to monitor the activity
• Indicates potential for resource damage, including wildlife, or undue disruption of visitor activities

For purposes of definition, "filming" or "film-making" is commercial still photography, motion picture photography, videotaping, or sound recording. Documentaries, travelogues, feature stories, and similar types of filming require a permit if they meet one or more of the above criteria. Commercial videographers, cinematographers, or sound recording crews of up to two people with only minimal equipment (i.e. a camera and a tripod) working in areas open to the public are required to obtain a commercial filming permit and are subject to appropriate permit terms and conditions and cost recovery charges but are not subject to location fees.

News channels are considered a commercial venture and require a permit. News media crews--when not covering a breaking news event, but shooting human interest, staged events, or other topics--are required to obtain a permit. A "breaking news event" is defined as an event that cannot be covered at any other time or location.

A permit is not required for:

• Visitors using a camera and/or a recording device for his/her own personal use

• Still photography when taking place at location(s) where and when the general public is allowed

• Sound technicians and film or video news crews at breaking news events. A "breaking news event" is defined as an event that cannot be covered at any other time or location.

• NPS filming or photography, Department of the Interior Audio Visual Center filming, or filming/photography done pursuant to a cooperative agreement or contract

 

Cost Recovery and Fees

The authority for the National Park Service to recover and retain costs associated with managing special park uses is found at 16 U.S.C. 3a, 16 U.S.C. 460l-6d, and 31 U.S.C. 9701. Charges established for a Special Park Use under this authority are intended to recover costs associated with managing that activity and not to generate revenue beyond actual cost.

Federal law requires the National Park Service to recover its administrative costs for commercial filming and still photography activities that require a permit. The Administrative fee is $100. Cost recovery includes an application fee and any additional charges to cover the costs incurred by the National Park Service in processing your request and monitoring the permitted activities. The application fee is $100, equaling $200 as the base fee for special use permits for commercial filming and still photography. The application fee must be submitted with your application.

Application Cost: Must be submitted at the time of the initial application. This is a non-refundable payment.

Administration Cost: Payable when the permit is approved and prior to beginning the event. This is a non-refundable payment.

Monitoring Cost: If the event requires NPS supervision for resource protection or the health or safety of visitors, the cost* will be estimated and payable when the permit is approved and prior to beginning the event. The scope and complexity of the permit activity will determine the level and type of supervision. The fee includes employee travel time to and from the event location.

*Generally a $50.00 per hour per monitor charge is the rate for monitoring.

Commercial Film/Still Photography Location Fee: Required by Public Law 106-206 payable when the permit is approved and prior to beginning filming.

In addition, Federal law also requires the National Park Service to collect a location fee that provides a fair return to the United States for the use of park lands for commercial filming and for still photography requires a permit. The National Park Service uses the following fee schedules for filming and photography:

Commercial Filming

• 1–2 people, camera & tripod only - $0/day

• 1–10 people - $150/day

• 11–30 people - $250/day

• 31–49 people - $500/day

• Over 50 people - $750/day

Still Photography

• 1–10 people - $50/day

• 11–30 people - $150/day

• Over 30 people - $250/day

Permits issued for non-commercial filming may be subject to cost recovery charges, including an application fee, but a separate location fee will not be charged.

Performance Bond

Certain activities may trigger the need for the permittee to post a refundable damage bond. The amount of the bond will be equivalent to the estimated cost to NPS for clean up, repair, or rehabilitation of resources or facilities that could potentially be impacted by the permit activities. At the conclusion of the permit, the bond will be returned to the permittee after costs of clean up repair or rehabilitation are deducted.

Insurance

Liability insurance protects the government from negligent actions by the permittee. Insurance in an amount sufficient to protect the interests of the United States may be required as a condition of the permit. A high risk activity will always require insurance. If insurance is required, proof of liability insurance issued by a United States company must be submitted prior to permit approval and must meet the following guidelines:

• The insurance certificate must identify the production company by name and their business address
• The "United States Government" will be named as additionally insured on the insurance certificate. Certificates naming the U.S. Government as "certificate holder" only are not acceptable
• Short term policies must show coverage on "occurrence" basis
• Failure to provide proof of proper insurance is grounds for denial of the permit

 

Frequently Asked Questions

When is a permit needed for commercial filming?

Under federal law, all commercial filming that occurs within a unit of the National Park System requires a permit.

What is considered 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.

Does commercial filming by individuals or small groups require 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. The primary focus of the NPS, however, is on commercial filming that has the potential to impact park resources and visitors beyond what occurs from normal visitor use of park areas. Examples of this type of filming are productions that use substantial equipment such as sets and lighting, productions with crews that exceed 5 people, and filming in closed areas, wilderness areas, or in locations that would create conflicts with other visitors or harm sensitive resources.

All filmers, no matter the size, must comply with all rules that apply in park areas, just like other visitors.

Does non-commercial filming require a permit?

Individual parks may require a permit for non-commercial filming if necessary to manage the activity, to protect park resources and values, minimize conflict between user groups, or to ensure public safety. Examples of non-commercial filming include, but are not limited to, filming for tourism bureaus, convention and visitor bureaus, student filming, and filming for personal use and enjoyment.

Why is a permit required for still photography?

The still photography permit is used as a management tool so photography does not interfere with other permitted activities or park visitors. Any payment is cost recovery or goes to projects that keep the park scenic for the benefit of visitors and permittees.

When is a still photography permit needed?

Still photographers require a permit 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. a park would incur additional administrative costs to monitor the activity.

What fees will I have to pay?

Federal law requires the National Park Service 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 National Park Service 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.

In addition, Federal law also requires the National Park Service to collect a location fee that provides a fair return to the United States for the use of park lands for commercial filming and for still photography requires a permit. The National Park Service uses the following fee schedules for filming and photography:

Commercial Filming

• 1–2 people, camera & tripod only - $0/day

• 1–10 people - $150/day

• 11–30 people - $250/day

• 31–49 people - $500/day

• Over 50 people - $750/day

Still Photography

• 1–10 people - $50/day

• 11–30 people - $150/day

• Over 30 people - $250/day

Permits issued for non-commercial filming may be subject to cost recovery charges, including an application fee, but a separate location fee will not be charged.

When does audio recording require a permit?

36 CFR 5.5 governs how the National Park Service manages audio recording in parks. Audio recording generally does not require a permit unless any of the following situations apply:

• It takes place at a location where or when members of the public are generally not allowed.
• It uses equipment that requires mechanical transport, such as dollies and cranks.
• It uses equipment that requires an external power source other than a battery pack.
• The National Park Service determines staff is required to monitor the recording activity for safety or to minimize potential impacts to park resources and other park visitors and permittees.

What about photography workshops?

If you are planning a photography workshop as part of a business, you may need a commercial use authorization.