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 CFR Part 5.5 are unconstitutional. The National Park Service has issued interim guidance as of February 22, 2021, to manage filming activities. Under the interim guidance, filming activities may require a permit if they pose a threat to park resources or the visitor experience. The National Park Service intends to update regulations addressing filming activities that are consistent with the outcome of Price v. Barr. Once effective, those regulations will replace and supersede the interim guidance.
As regulations regarding commercial filming permits are being reassessed, those interested in commercial filming activities on land managed by the National Park Service are encouraged to contact the park directly for more information about filming in the park and to discuss how to minimize potential impacts to visitors and sensitive park resources.
Do I need a permit to film?
Under the interim guidance, the National Park Service is not distinguishing between types of filming, such as commercial, non-commercial, or news gathering. Low-impact filming activities will not require a special use permit, but non-low-impact filming may require a permit to consider its potential impacts on park resources and visitor activities.
“Low-impact filming’ is defined as outdoor filming activities in areas open to the public, except areas managed as wilderness, involving five people or less and equipment that will be carried at all times, except for small tripods used to hold cameras. Those participating in low-impact filming activities do not need a permit and are not required to contact the park in advance. If low-impact filmers have questions about areas where they want to film, they should contact the park directly.
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, news and other staff associated with 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.
Filming activities that do not meet the description of low-impact filming requires at least ten days advance notice to the National Park Service by contacting the park directly in writing. The park’s superintendent will determine whether the filming activity will require a special use permit for filming Based on the information provided, a permit may be required to:
Some requests that may require permits: entering a sensitive resource area or filming in visitor centers, campgrounds, or other visitor areas. The decision to require a permit rests with the park superintendent based on the threat to park resources, values or the visitor experience.Contact the park directly if unsure whether or not a filming activity is considered low-impact or will require a permit.
Filming in Wilderness Areas
Lava Beds National Monument manages and protects more than 28,000 acres of Congressionally-designated wilderness land under the Wilderness Act of 1964. This area has additional laws and policies to preserve its 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 aircrafts.
Special use Permits for filming are required for all filming activities in wilderness areas, except casual filming by visitors, no matter the group size or equipment used.
Are filmers still required to pay fees to film in parks?
As of January 22, 2021, and under the interim guidance the National Park Service is not collecting application or location fees, or cost recovery for filming activities.
Last updated: February 28, 2021