C.F.R. » Title 43 » PART 5—COMMERCIAL FILMING AND SIMILAR PROJECTS AND STILL PHOTOGRAPHY ON CERTAIN AREAS UNDER DEPARTMENT JURISDICTION › Subpart A—Areas Administered by the National Park Service, the Bureau of Land Management, and the U.S. Fish and Wildlife Service

43 C.F.R. § 5.2

When do I need a permit for commercial filming or still photography?

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(a) All commercial filming requires a permit.

(b) Still photography does not require a permit unless:

(1) It uses a model, set, or prop as defined in § 5.12; or

(2) The agency determines a permit is necessary because:

(i) It takes place at a location where or when members of the public are not allowed; or

(ii) The agency would incur costs for providing on-site management and oversight to protect agency resources or minimize visitor use conflicts.

(c) Visitors do not require a permit for filming or still photography activities unless the filming is commercial filming as defined in § 5.12 or the still photography activity involves one of the criteria listed in § 5.2 (b).

Notes of Decisions
Cited in 3 cases (3 in the last 5 years), 2021–2024 · leading case: Gordon Price v. Merrick Garland, 45 F.4th 1059 (D.C. Cir. 2022).
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Gordon Price v. Merrick Garland, 45 F.4th 1059 (D.C. Cir. 2022). “” 43 C.F.R. §§ 5.2 (a), 5.8(a)(1),(3). The regulations go on to define “commercial filming” as “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.”
Price v. Barr, 514 F. Supp. 3d 171 (D.D.C. 2021). · cites it 2× “Part 5 similarly distinguish between permits for commercial filming on the one hand, see 43 C.F.R. § 5.2 (a), and for photography on the other, see id.”
Blueribbon Coalition Inc. v. Garland, 737 F. Supp. 3d 1003 (D. Idaho 2024). “43 C.F.R. §§ 5.2 (a), 5.8(a)(1), (3). The applicable regulations define “commercial filming” as “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.”
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