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Filming and Photography

Two people standing on a large rock, one with an old movie camera and the other directing. Photo is black and white.
Cameraman McCarthy and Director Chas. MacDonald on location during the filming of the “Blessing” on Hot springs, Montana, Beaverhead National Forest. (USDA Forest Service photo).

How the Forest Service manages filming and photography authorizations changed with the passage of the Expanding Public Lands Outdoor Recreation Experiences Act (PDF, 389 KB), also referred to as the EXPLORE Act. The law defines when a permit is needed based on group size and the effect on resources rather than the commercial intent of the project.

Filming, photography, and audio recording activities do not require a permit when it is incidental to, or documenting, an activity that is otherwise allowed on NFS land so long as no resource damage is likely to occur as a result of the filming, photography, or audio recording. This may include filming a family reunion or photographing a 5k event for which you already have a permit.

Additionally, no permit is required for filming, photography, and audio recording activities when it involves five or fewer individuals and meets all of the following conditions:

  • Occurs in areas open to the public;

  • Uses hand-carried equipment only;

  • Does not require exclusive use of a site;

  • Does not adversely impact forest/grasslands resources, values, or other visitors; and 

  • Activity is not likely to result in additional administrative costs for the Forest Service.

If you believe your filming, still photography, or audio recording activity may require a permit, please contact the Forest/Grassland you are visiting before you conduct your activity for more information.

A De Minimis Use authorization may be issued for filming activities involving six to eight individuals, provided all conditions in Section 1(a)(5)(A)-(H) are met. No fee or cost recovery applies in these cases.

A Special Use Permit may be issued if activities involve 9 or more individuals (including cast and crew), or if the project may impact Forest lands, resources, or programs.

Contact your local Forest Service office for information on how to apply for a De Minimis Use Authorization or a Special Use Permit.

When a permit is required, the Forest Service will charge a Land Use Fee based on the number of filming/photography days and film crew members authorized. A Cost Recovery Fee will also be charged to recover the agency’s expenses to process your proposal and permit. No Land Use Fee or Cost Recovery fee is charged for a De Minimis Use Authorization.

Filming or still photography proposals intended to produce commercial content within congressionally designated wilderness areas require an additional level of review to determine whether the activity constitutes a commercial enterprise or commercial service under The Wilderness Act of 1964. If you plan to film in a congressionally designated wilderness area, please contact your local Forest Service office for guidance.

Individuals and organizations wanting to fly an unmanned aircraft system (UAS) on National Forest System Lands for work/business must meet Federal Aviation Administration (FAA) requirements. This includes news media and film and video production companies.

Recreational drone users: Should exercise caution when flying drones during wildfire season. Drones should not be flown in areas where Temporary Flight Restrictions (TFR's) are in effect during wildland fire fighting efforts and training. Remember "When you fly, they can't."

Please visit the FAA's website for more information about flying a drone/UAS.