Commercial Film/Photography Permit

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Effective October 28, 2022, the National Park Service rescinded interim guidance that was in place during litigation regarding commercial filming and has returned to longstanding laws and regulations governing commercial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. More details about filming and permits in parks are available online: Filming & Still Photography Permits

When do you need a permit to film in parks?

Under federal law, all commercial filming that occurs within a unit of the National Park System requires a permit. 423 units make up the National Park System, and includes National Parks, National Monuments, National Preserves, National Battlefield Parks, and more.

If you believe that your filming or photography activity may require a permit, you should submit a completed application to the park where you want to film or photograph as far in advance of your planned date as possible. Check with Monument staff for more information on closures, sensitive resources, and other safety tips.

What is 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.

Do I need a permit 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 NPS 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 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.

All filmers, no matter the size, must comply with all rules that apply in park areas, just like other visitors.

How do I apply for a permit?

Email completed applications to [e-mail]. Payment of the $100 application fee can be made with a credit card over the phone by calling 970-858-2823.

In compliance with the requirements of the Debt Collection Improvement Act of 1996, the applicant must submit their social security number or Federal tax ID number when filling out the application for a permit. Applications will not be processed if submitted incomplete or are received without payment.

All applications will be handled in the order they are received. Standard requests can be processed in 4 weeks, although addional time may be required for complex requests. Please allow as much time as possible for evaluation by the park staff before the start date of the proposed activity.

What permit application forms do I need for filming and photography activities?

• For commercial filming and still photography, use this form.
• For non-commercial filming and still photography, use the standard Special Use Permit application form.

What fees will I have to pay for a permit?

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. The application fee must be submitted with your application.

The commercial filming/photography application processing fee for Colorado National Monument is $100.

In addition, federal law also requires the NPS 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 NPS uses the following fee schedules for filming and photography:

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

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.

Interviews
All interviews of park personnel will be assessed at the hourly rate. This will not apply to pre-approved filming or photographing of NPS staff members performing their regularly scheduled work activities.

Scouting
If a permittee requests a scouting trip with or by the Filming Permits Coordinator, staff time will be assessed at the hourly rate.

I received a filming permit before October 28, 2022, but I have not started filming yet. Are the terms of my permit going to change?

No. You may film consistent with the terms of the permit that has already issued.

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.

The applicant or permittee is required to notify the NPS of any delays or schedule changes at least 36 hours in advance, or as agreed to by the superintendent or their representative.

Should the applicant or permittee fail to provide such advance notification, the applicant or permittee is responsible for paying all costs incurred by the NPS any time during the application, permitting, or operational process, including those due to cancellation, moving or rescheduling of the project. Such payment will include but is not limited to a non-refundable charge for each staff person scheduled for the affected activity.

What about photography workshops?

If you are planning a photography workshop, you may need a Commercial Use Authorization.

Aircraft

Use of aircraft and helicopters is restricted and must be approved in a case-by-case basis. Sensitive wildlife habitat, expectation of solitude in wilderness areas, and safety are our primary consideration with regard to over flight activities. Therefore, aerial filming is rarely allowed. Use of drones is strictly prohibited within the park's boundaries.

Wilderness

Potential permittees should be aware that about 15,000 acres within Colorado National Monument are Recommended Wilderness and are managed as federally designated Wilderness. Only educational filming is permitted within Wilderness areas.

Termination of Permit

All photography permits issued by the National Park Service are "revocable" on 24 hours notice or WITHOUT NOTICE if the terms of the permit are violated. Deliberate infractions of the terms of the permit or the deliberate making of false or misleading statements concerning intended actions in order to obtain a permit are causes for immediate termination of the permit and cause for possible prosecution. Permits will be revoked if damage to resources or facilities is threatened, or if there is a clear danger to public health or safety.

Sharing the Park

A filming or photography permit does not give exclusive rights to the permittee or allow the permittee to restrict visitors from any location; therefore sites which attract a large number of visitors should be avoided. Normal visitor use patterns will not be interrupted for longer than five minutes, and only as specified in the approved permit. Visitors will be able to observe filming activity.