Filming, Photography, and Sound Recording Permits

 

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Effective October 28, 2022, the National Park Service (NPS) has rescinded interim guidance that was in place during litigation regarding commercial filming and has returned to longstanding laws and regulations governing commercial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. When filming, photography, and sound recording activities occur in parks, they must be consistent with the protection of park resources and avoid conflict with public use and enjoyment of the park.

 

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.

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. 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.

 

Still Photography

When is a permit needed for still photography?

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. The 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 none of the above conditions apply, a special use application and a still photography permit is not required. We do appreciate you contacting the Valles Caldera National Preserve office at e-mail us so that we are aware of your activities in the park and can help you determine if a permit is necessary.

 

Still Photography Workshops

A Commercial Use Authorization is required for photography workshops. Contact the Park Special Uses Coordinator.

 

Sound Recording

Audio recording does not require a permit unless:

• It takes place at location(s) where or when members of the public are generally not allowed

• It uses equipment that requires mechanical transport or an external power source other than a battery pack

• The agency would incur additional administrative costs to provide management and oversight of the permitted activity.

 

Applying for a Special Use Permit

1. Complete, sign, and return the permit application form to us via email.
2. Submit a copy of your insurance naming the “United States Government” as additionally insured via email.
3. Submit an application fee of $200.00.

Filming, photography, and sound recording applications must be received a MINIMUM of one month in advance and will be reviewed in the order they are received. Once the application and application fee are received, the proposed project will undergo a compliance review to ensure that natural and cultural resources and/or visitor experiences will not be unduly impacted. Upon approval from the Superintendent, the permit will be approved. Application fees are non-refundable, even if the permit is denied. We require a minimum of 4 weeks to fully process a basic permit request. Please submit requests in a timely manner. We will not “rush process” any requests and compliance may take longer than usual. While email is preferred, you may also submit your Special Use Permit Application by mail, UPS, or FedEx.

Email: e-mail us

Valles Caldera National Preserve
P.O. Box 359
Jemez Springs, NM 87025
ATTN: Special Park Uses Coordinator

Valles Caldera National Preserve
090 Villa Luis Martin
Jemez Springs, NM 87025
ATTN: Special Park Uses Coordinator

Forms: Application for Commercial Filming Long Form/Still Photography Permit

 

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.

Location Fees

Federal law 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. The National Park Service uses the following fee schedules for filming and photography: These are NPS standards and are non-negotiable. These fees are based on the number of cast/crew per day. Location fee for the minimum anticipated days is due two business days prior to filming date. Any additional days will be billed at the end of the filming.

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

Application Fees

The non-refundable application fee, when applicable, includes three hours of administrative time; including phone calls, correspondence, application review, scheduling park staff, permit issuance, follow-up, and billing. Additional administrative time and site visit will be billed at a rate of $50/hour.  The application fee must be submitted with your application. All payments must be in the form of a cashier’s check, cash, money order, or credit card.  Personal or company checks are not accepted.

• Film Permit: $200.00

• Still Photography Permit: $200.00

• Student Still Photography Permit: $200.00

• Sound Recording Permit: $200.00

Student Projects

Permits for student projects are eligible for a waiver of these fees with proof of current enrollment in an accredited school as is part of a course requirement.

Insurance

General commercial liability insurance is required. A minimum of $1,000,000 is typically required. Complex projects or projects with large cast/crews or sets will require higher insurance. The “United States Government” will be named as “additional insured” on the insurance certificate. If further specificity is desired/requested: “the Department of Interior, National Park Service, Valles Caldera National Preserve.” A copy of the insurance from the Carrier must be received PRIOR to issuing an approved permit.

The NPS may require additional insurance commensurate with the risk involved with your filming activities. IMPORTANT: The name on the certificate of insurance must match your business name, including any names used under “doing business as.” The certificate can be emailed to us, faxed directly to Valles Caldera National Preserve, (fax) 575-829-4141, or mailed to this address: Valles Caldera National Preserve, P.O. Box 359, Jemez Springs, NM 87025, ATTN: SUP Coordinator.

Performance Bonds

Depending upon the complexity and scope of the project, a performance bond may be required to ensure that the area used is returned to the same state as prior to filming activities. The performance bond may also be used to deduct additional costs associated with the permit that may include, though not be limited to: additional administrative costs not associated with application fee, monitoring costs, maintenance of area post-filming/production; and mitigation of natural and/or cultural resource damage.

Monitoring Fees

Filming activities will be monitored by a qualified NPS employee to assure full compliance with all the terms and conditions of the permit. Small projects with no potential impact to natural/cultural resources or visitor experience with a small cast/crew may be considered for spot-check monitoring instead of on-site monitoring. This fee is determined after we’ve reviewed the application and is based on the complexity of the project.

Compliance Fees

Compliance review is required for all special use permits. The fee will be determined on the complexity of the project and the amount of time for compliance to be completed.