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.
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?
Submit a completed application along with the application fee as far in advance of your planned date as possible. In addition, you should request a meeting with park staff if your proposed activity is unusual or complex. Early consultation with park staff will help them process the submitted application in a timely manner.
Special Park Use Coordinator
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.
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. The application fee must be submitted with your application.
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.
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.
Potential permittees should be aware that about 14,000 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.
Last updated: April 10, 2021