Commercial Filming
Effective October 28, 2022, the National Park Service rescinded interim guidance that was in place during litigation regarding commercial filming and has returned to longstanding laws and regulations governing commercial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.
This means that all commercial filming that occurs within a unit of the National Park System requires a permit. "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. Individual parks may require a permit for non-commercial filming if a permit is necessary to manage the activity to protect park resources and values, minimize conflict between user groups, or to ensure public safety.
Questions and answers about filming and photography are provided below.
When is permit needed for commercial filming?
Under federal law, all commercial filming that occurs within a unit of the National Park System requires a permit.
What is considered 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.
Does commercial filming by individuals or small groups require 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.
What fees do I have to pay for a commercial filming permit?
Federal law requires the National Park Service to recover its administrative costs for commercial filming activities that require a permit. Cost recovery includes a non-refundable $100 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. The application fee must be submitted with your application. Commercial Filming permit applications must be received by the park at least 2 months prior to the proposed activity. Your submission of an application DOES NOT guarantee approval of a permit.
In addition, Federal law also 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 requires a permit. The National Park Service uses the following fee schedules for filming:
Commercial Filming
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:
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the activity takes place at location(s) where or when members of the public are generally not allowed; or
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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
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the National Park Service 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.
What fees do I have to pay for a still photography permit?Federal law requires the National Park Service to recover its administrative costs for still photography activities that require a permit. Cost recovery includes a non-refundable $100 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. Still photography permit applications must be received by the park at least 2 months prior to proposed activity. Your submission of an application DOES NOT guarantee approval of a permit.
In addition, Federal law also 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 still photography requires a permit. The National Park Service uses the following fee schedules for photography:
Still Photography
Permits issued for non-commercial filming may be subject to cost recovery charges, including an application fee, but a separate location fee will not be charged.
How do I apply for a permit?
To apply for a still photography permit, use the Special Use Permit for Still Photography - long application. Please allow one month for permit processing. Contact the park permit coordinator via email or by phone at 505-876-2783 ext. 0604 with questions.
Special Use Permit
Individuals or groups who wish to use El Morro National Monument for a special purpose or event require a Special Use Permit. A Special Use Permit must be applied for and approved by the Superintendent. Special Use Permits include, but are not limited to, weddings, large group picnics, sporting events, church services, public spectator attractions, entertainment, ceremonies, 1st Amendment activities (fee is waived), or anyone wishing to use a public address system. Permit applications require a $200 non-refundable processing fee and must be received by the park at least 2 months prior to proposed activity. Your submission of an application DOES NOT guarantee approval of a permit. Special use permit applications are available here to download.If you have questions or are interested in these permits, please contact the Special Use Permits Coordinator by email or by phone at 505-876-2783 ext. 0604.
Research Permit
Anyone wishing to conduct research at El Morro National Monument must first submit an application. Contact the Research Permit Coordinator at 505-285-4641 ext 227or email us for more information..
