Filming & Photography FAQs

When does still photography require a permit?

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. park would incur additional administrative costs to monitor the activity.

For the purposes of NPS guidance a portrait subject is not considered a model. Examples of portrait subjects include, but are not limited to, wedding parties, high school/college, and graduates. But photography involving portrait subjects may require a permit if it also includes the use of props or sets, or is conducted in an area closed to the public, or needs to be managed by NPS personnel.

Does commercial still photography require a permit?

Not unless it meets one of the conditions mentioned previously requiring a still photography permit. Public Law 106-206 bases the permit requirements for still photography on whether the activity will interfere with other park visitors and park activities or impact park resources; not whether the photographer is a professional.

What fees and charges are authorized by Public Law 106-206?

Public Law 106-206 directs the agencies to collect a reasonable fee (location fee) to provide a fair return for the use of the land and cost recovery. These fees and charges may not be waived. The location fee is determined from a schedule based on type of activity, number of people and number of days in the park.

What is the location fee used for?

Of the location fees collected, 80% is returned to the park to be spent according to the provisions of the original fee demonstration program. Guidance is found on Inside NPS.

Does student filming require a commercial filming permit?

As a rule, student filming is not producing a product that is intended to generate income, so it doesn’t fit the definition of commercial filming, however the NPS may deem a permit necessary for student filming, in order to manage the activity to minimize damage to park resources and conflict with other park visitors. To confirm that the project is for a class requirement, please provide a confirmation letter from the school as part of the application. Insurance should be required for most permits, depending on the scope of the project. Cost recovery may be charged depending on the scope of the project (16 U.S.C. 3a). In this instance, location fees do not apply.

Are there other filming activities where the activity is not commercial filming?

All filming project applications will be compared to the definition of commercial filming at 43 CFR 5.12 to determine whether the project fits the commercial filming definition. As a rule, filming projects for governmentally sponsored convention and visitor bureaus or tourism bureaus do not fit the definition of commercial filming. In that case, the park would issue a permit in the same manner as a student filming activity. Cost recovery is discretionary and there is no location fee.

Do aerial commercial filming and still photography activities require a permit?

Aerial commercial filming and still photography activities require a permit if they land in the park, or if they stage an activity in the park that was being filmed or photographed from the air. Policy Memorandum 14-05 “Unmanned Aircraft – Interim Policy” directed Superintendents to close the parks to launching, landing, or operating unmanned aircraft.

UAS are subject to FAA regulation which currently authorizes only very limited use by private, commercial companies.