Changes to Commercial Filming Permits on Park Land
On January 22, 2021, the US District Court for the District of Columbia issued a decision in Price v. Barr determining the permit and fee requirements applying to commercial filming under 54 USC 100905, 43 CFR Part 5, and 36 CRF Part 5 are unconstitutional. The National Park Service is currently determining how this decision will be implemented.
Following the recent court decision, the National Park Service will not be implementing or enforcing the commercial filming portions of 43 CFR Part 5 until further notice, including accepting applications, issuing permits, enforcing the terms and conditions of permits, issuing citations related to permits, or collecting cost recovery and location fees for commercial filming activities.
As regulations regarding commercial filming permits are being reassessed, those interested in commercial filming activities on land managed by Gateay National Recreation Area are encouraged to contact Daphne_Yun@nps.gov for more information about filming in the park and to discuss how to minimize potential impacts to visitors and sensitive park resources.
Do I need a permit to film?
Currently, the National Park Service is not issuing commercial filming permits, but is in the process of evaluating how best to regulate filming activities that affect visitors and park resources. All applicable laws and regulations governing activities and public use in parks still apply, including park hours and areas open and closed to the public. Videographers, filmers, producers, directors, and other staff associated with commercial filming are reminded that rules and regulations that apply to all park visitors still apply to filming activities even if no permit is needed for their activity. Check with the park staff for more information on closures, sensitive resources, and other safety tips.
Are filmers still required to pay fees to film in parks?
As of January 22, 2021, the National Park Service is no longer collecting application or location fees, or cost recovery for filming.
When is a permit needed?
Price v. Barr had no impact on how the National Park Service regulates still photography, so there are no changes in how the National Park Service regulates that activity. Still photographers require a permit only when:
How do I apply for a permit?
Permit applications are handled by each unit. There are links below for Jamaica Bay, Sandy Hook, and Staten Island.
What fees will I have to pay?
The National Park Service will collect a cost recovery charge and a location fee for still photography permits. 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 park and the size and complexity of your permit. The application fee must be submitted with your application.
In addition, the National Park Service has been directed by Congress to collect a fee to provide a fair return to the United States for the use of park lands. The National Park Service uses the following still photography fee schedule:
Are there other permit requirements?
You may be required to obtain liability insurance naming the United States as additionally insured in an amount commensurate with the risk posed to park resources by your proposed activity. You may also be asked to post a bond to ensure the payment of all charges and fees and the restoration of the area if necessary.
What about photography workshops?
If you are planning a photography workshop, you may need a commercial use authorization. See the commercial use authorization page for more information. You can also contact each unit with the links below.
Last updated: February 4, 2021