Commercial Filming

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 are unconstitutional. The National Park Service spent over a year determining how this decision should be implemented.

Effective October 28, 2022, the National Park Service rescinded interim guidance that was in place during litigation regarding commercial filming and has returned to longstanding laws and regulations governing commercial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.

Commercial Filming Distinctions and Permits

"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. Under federal law, all commercial filming that occurs within a unit of the National Park System requires a permit. In most cases, a permit is not necessary for visitors filming for personal enjoyment.

If you believe that your project involving filming on the Niobrara National Scenic River falls under "commercial filming" you may be asked by the Superintendent Susan Cook to obtain a permit. Written notice to the Superintendent must be provided in regards to this filming activity at least 10 days prior.

For more information and frequently asked questions please visit the NPS Filming & Still Photography Permit page.