Filming and Photography

When Do I Need a Permit?

 

Permit Requirements

All commercial filming* requires a permit (36 CFR 5.5 referencing 43 CFR 5.2).

*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, television broadcast, or documentary, or other similar projects. Commercial filming activities may include the advertisement of a product or service, or the use of actors, models, sets, or props (43 CFR 5.12). 

Still photography does not require a permit unless:  

  1. It uses a model*, set, or prop  
  2. The agency determines a permit is necessary because:  
    1. It takes place at a location where or when members of the public are not allowed; or  
    2. The agency would incur costs for providing on-site management and oversight to protect agency resources or minimize visitor use conflicts  

(36 CFR 5.5 referencing 43 CFR 5.2) 


*Model means a person or object that serves as the subject for commercial filming or 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, placed on agency lands so that they may be filmed or photographed to promote the sale or use of a product or service. For the purposes of this part, portrait subjects such as wedding parties and high school graduates are not considered models, if the image will not be used to promote or sell a product or service (43 CFR 5.12). 

Wedding ceremonies require a Special Use Permit

Audio Recording does not require a permit unless: 

  1. It takes places at location(s) where or when members of the public are generally not allowed 
  2. It uses equipment that requires mechanical transport 
  3. It uses equipment that requires an external power source other than a battery pack 
  4. The agency would incur additional administrative costs to provide management and oversight of the permitted activity  

(36 CFR 5.5) 

News-gathering activities involving filming, videography, or still photography do not require a permit unless:  

  1. We determine a permit is necessary to protect natural and cultural resources, to avoid visitor use conflicts, to ensure public safety or authorize entrance into a closed area; and  
  2. Obtaining a permit will not interfere with the ability to gather the news.  

A permit issued for news-gathering activities is not subject to location fees or cost recovery charges. 

(43 CFR 5.4)  

 

My Activity Does Need a Permit

 

Before Applying

Applications are handled in the order they are received. Priority will not be given to URGENT requests.  

We require at least 30 days from your date of application to issue a permit – please plan accordingly!  

See “How do I apply for a permit?” for contact information.

When conducting Special Use Activities Fort Davis NHS with a permit, you are subject to all the laws and regulations that apply inside the park.

The following activities are not permitted:

Please read all regulations carefully as your permit application may be denied if it contains any of the activities below.

  • Use of drones or other unmanned aircraft.
  • Nudity in public areas.
  • Smoking inside buildings, on boardwalks, and in vegetated areas.
  • Loud noises (exceeding 60 decibels at 50 feet in distance).
  • Use of public address systems and sound amplification equipment unless otherwise specified in your permit.
  • Driving any vehicle (including motorcycles and bicycles) off designated paved or dirt roads.
  • Driving any off-road vehicle on a park road (including, but not limited to, OHV’s, ATV’s, dirt bikes, golf cards, Rhino or Polaris multiple passenger vehicles).
  • Operating a motor vehicle in a manner that causes unreasonable damage to the surface of a park road or route.
  • Operating a vehicle so slowly as to interfere with the normal flow of traffic is prohibited.
  • Stunt or high-speed driving.
  • Standing in a roadway as part of a film or photography shoot unless otherwise specified in your permit with approved traffic control.
  • Removing, moving, or obscuring park road signs, speed limit signs, or wayside signs.
  • Ground disturbance (including digging or driving posts and installing temporary signs or structures).
  • Attaching props, equipment, signs, or banners to NPS facilities, structures, rocks, or vegetation.
  • Contributing to erosion or otherwise unduly disturbing the ground or landscape, including running, walking, or other activity on fragile areas.
  • Collecting, moving, damaging, or otherwise disturbing any animal, plant, rock or any other natural, historical, or archeological resource.
  • Walking on, climbing, entering, ascending, descending, or traversing any archaeological or cultural resource (including all historic structures, features, and ruins).
  • Cutting or removal of branches or any vegetation.
  • Feeding, touching, harassing, frightening, hunting, trapping, or disturbing wildlife.
  • Viewing wildlife with artificial light (including infrared and black lights).
  • Introducing wildlife, fish or plants, including their reproductive bodies, into the park’s ecosystem.
  • Using a mineral or metal detector.
  • Releasing Mylar or helium balloons, doves, butterflies, flower petals, or other living objects.
  • Filming or photographing park employees unless otherwise specified in your permit.
  • Brandishing or discharging a firearm, real or prop, unless use of a firearm prop has been specifically authorized in your permit. 
  • Unduly interfering or conflicting with visitors’ normal use and enjoyment of the park, including blocking visitor access to an area.

You must also comply with the following:

  • Fire safety regulations and temporary closures resulting from fire conditions.
  • Speed limits and traffic laws.
  • Regulations for pets in the park including leash requirements and location restrictions.
  • Park policies and principles related to ethical and responsible treatment of culturally sensitive sites and resources. 

 

Your permit may require full-time or intermittent monitoring for the protection of resources and visitor experience. This will be determined by this Office based on your application.

If full-time monitors are required:

  1. Your permit will only be issued subject to availability of monitors on the dates and at the locations requested.

  2. Your activity may not occur unless the assigned monitor is present.

See below for fees associated with monitoring.

 

Applying for a Permit

 

Download NPS Form 10-930 Application for Special Use Permit and fill out completely.
  1. Contact our office 432-426-3224 ext:223 to get an email adress to send the completed application at least 30 days in advance of your requested dates. Running events require 120 days.
  2. After our Office receives your application, we will send you information on paying the non-refundable application fee.
  3. After you pay your fee, a permit containing applicable terms and conditions will be sent you. The permit must be signed by the responsible person and returned to the park for final approval by the Park Superintendent. A fully executed permit containing both signatures is required before the permitted activity may begin.
  4. After your permitted activity, our Office will send information on paying the remaining costs, if applicable. See below for more information.
Please note:If there is no contact from an applicant for 30 days after the application is submitted, the file will be closed. Any future contact with that applicant will require initiating the process from the beginning.All costs of evaluating the request will be billed to the applicant, whether a permit is issued or not. In compliance with the requirements of the Debt Collection Improvement Act of 1996, the applicant must submit their social security number or Federal tax ID number when filling out the application for permit. Application will not be processed if submitted incomplete or are received without payment

  1. Certificate of General Liability Insurance in the amount of $1,000,000 listing the United States of America as additional insured may be required. The insurance must be negotiable in US funds.

 The National Park Service will collect a cost recovery charge for most special use permits. See individual activities above for more information.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 your permit. This amount will vary depending on the size and complexity of your permit
.Application fee: $50.00
The application fee must be submitted with your application. This is a processing fee and is non-refundable.
Hourly fee: approximately $50/hour
The exact hourly fee is based on the specific employee’s salary and may be charged if any of the following activities are required for your permit:

  • Monitoring: activities authorized by permit may require continuous, on-site supervision by the NPS to assure full compliance with all conditions of the permit. Monitoring will be charged at the billing rate of each individual monitor per hour/per monitor with a minimum of two hours per monitor/per day. The level and type of monitoring supervision will be determined by the scope and complexity of the filming activity. Generally, one monitor is required for every 8 people involved with the project.
  • Interviews: All interviews and filming or photographing of NPS staff members will be assessed at the specific employee’s hourly rate.
  • Scouting: If a permittee requests a scouting trip with or by the Special Park Uses Coordinator, staff time will be assessed.

Last updated: February 4, 2023

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Contact Info

Mailing Address:

P.O. Box 1379
101 Lt. Flipper Dr. #1379

Fort Davis, TX 79734

Phone:

1-432-426-3224

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