National Park Service Releases Interim Guidance Regarding Commercial Filming

Feb 25, 2021

The National Park Service, responding to a judicial ruling that its permit requirements for filming in national parks were unconstitutional, has come out with interim guidelines that drop that requirement for "low-impact filming."

In late January U.S. District Judge Colleen Killar-Kotelly stated that the permitting practice, through which the Park Service charged commercial filmmakers for a permit and any costs relating to park personnel assigned to monitor the filming or other cost recovery, "is an unconstitutional restriction on speech protected by the First Amendment."

On Monday the Park Service announced interim guidance that exempts low-impact filming from advance notice and permit requirements, while other filming activities may need a permit to address potential impacts to resources and the visitor experience. Until further guidance is issued, the NPS will not require location fees, application fees, or additional cost-recovery charges.

Under the interim guidance, the Park Service also will no longer distinguish among different types of filming (commercial, non-commercial, news gathering). Low-impact filming activities in areas open to the public may occur without any advance notice to the NPS or the need to obtain a permit. The guidance defines “low-impact” as outdoor filming activities in areas open to the public (excluding areas managed as wilderness), consisting of groups of five persons or fewer, and involving equipment that will be carried at all times—except for small tripods used to hold cameras.  

Read the rest of the article on the National Parks Traveler here.