Filming and Photography

On January 4, 2025, the EXPLORE Act was signed into law (Public Law 118-234) and has been codified at 54 U.S.C. 100905. Section 125 of the Act changed how the National Park Service will manage filming, photography, and audio recording in park areas.

Key elements of the new law include:

◦ In most cases, permits and fees are not required for filming, still photography, or audio recording that involves eight or fewer individuals. In order to avoid permit and fee requirements, the filming, still photography, or audio recording must meet all of the following condition

• Occurs in areas open to the public;
• Uses hand-carried equipment only;
• Does not require exclusive use of a site;
• Does not adversely impact park resources, values, or other visitors; and
• Is not likely to result in additional administrative costs for the National Park Service.

◦ Permits and fees are never required for filming, still photography, or audio recording that is associated with an activity or event that has been authorized under a written instrument (e.g., permit or agreement), such as a wedding, sporting event, demonstration or other activity.
◦ All filming, still photography, and audio recording is treated the same under the new law. It does not matter whether it is commercial, non-commercial, for content creation, by a student, or conducted by media or for news gathering.
◦ When a filming, still photography, or audio recording permit is required, the National Park Service will charge location fees and fees to recover its costs to administer the permit, including application fees.
◦ Individuals and groups conducting filming, still photography, or audio recording remain subject to all other laws and regulations applicable to visitors to park areas, including those requiring permits for certain activities (e.g., special events or demonstrations) and those prohibiting disturbance or other negative impacts to natural or cultural resources.
◦ Individuals and groups conducting filming, still photography, or audio recording are subject to entrance and/or recreation fees that may apply in park areas even when a permit is not required.

Please contact the Whiskeytown permit office at [phone] for more information regarding filming, still photography, and audio recording in that park.

Click here to complete an application for a filming or photography Special Use Permit.

 

If you didn't find the answers to your question here or would like clarification on any of our permit requirments before applying, contact our Special Park Uses Coordinator at [e-mail] or [phone] for more information.

 

Permit Requirements

Filming

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

*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).

The National Park Service uses the following location fee schedules for 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

Filming- Non-Commercial

Filming requires a Special Use Permit when one or more of the following is true:

1. 6 or more people are involved in the activity, OR
2. Participants will use equipment or props that are not handheld (except basic tripods), OR
3. The activity will take place in one of the following areas: Designated Wilderness, inside park facilities, or in areas that are closed to the public.

(CFR §1.6, Superintendent’s Compendium).

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

Still Photography

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).
 

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:

• 1–10 people - $50/day
• 11–30 people - $150/day
• Over 30 people - $250/day

Portrait photography (including wedding, engagement, high school senior, and family photos) does not require a SUP.

†Wedding ceremonies require a Special Use Permit.

Audio Recording

Audio Recording does not require a permit unless:

• It takes places at location(s) where or when members of the public are generally not allowed.
• It uses equipment that requires mechanical transport.
• It uses equipment that requires 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.

(36 CFR 5.5)

News Gathering

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

• 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
• 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)

Filming in Wilderness Areas

The National Park Service manages and protects more than 67 million acres of park lands and waters as wilderness areas. These areas have additional laws and policies to preserve their wilderness character for future generations. Filming activities in wilderness areas must follow all applicable laws and regulations that govern wilderness areas in the park, including prohibitions on structures, installations, motor vehicles, mechanical transport, motorized equipment, motorboats, or landing of aircrafts.

Except for casual filming by visitors, special use permits for filming are required for all filming activities in wilderness areas, no matter the group size or equipment used.

 

Frequently Asked Questions

Do I need a still photography or film permit for a wedding?

The party getting married or conducting a ceremony must have a Special Use Permit. The photographer or videographer does not need a separate permit.

Am I able to fly a drone at Whiskeytown National Recreation Area?

Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of Whiskeytown National Recreation Area is prohibited except as approved in writing by the superintendent.

The term “unmanned aircraft” means a device that is used or intended to be used for flight in the air without the possibility of direct human intervention from within or on the device, and the associated operational elements and components that are required for the pilot or system operator in command to operate or control the device (such as cameras, sensors, communication links). This term includes all types of devices that meet this definition (e.g., model airplanes, quadcopters, and drones) that are used for any purpose, including for recreation or commerce.

If I’m a social media influencer, do I need 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.

What if I just want to film for my own enjoyment?

In most cases, a permit is not necessary for visitors filming for personal enjoyment. We want you to be able to document your trip and share with those close to you. 

A permit is required only when:

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

• 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

• The National Park Service would incur additional administrative costs to monitor the activity.