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Saturday, September 28, 2024 at 6:28 AM

Forest Service updates special use permits for filming, taking photos commercially on fed land

Individuals wishing to obtain a special use permit from the U.S. Forest Service for commercial filming or still photography are reminded to adhere to the requirements for the permit, available on the Superior National Forest commercial filming and still photography web page.

Prior to the issuance of a special use permit, Forest Service staff will determine if there are any environmental concerns in the proposed filming or photography locations by defined screening criteria. The Forest Service may deny permits for practices prohibited on National Forest System lands.

Commercial filming and still photography proposals should be submitted to the ranger district to which the activities will take place, at least six weeks in advance of an anticipated filming date.

To expedite a filming request, be aware of the following considerations:

• Commercial filming is defined as use of motion picture, videotaping, sound-recording, or any other type of moving image or audio recording equipment on National Forest System lands that involves the advertisement of a product or service, the creation of a product for sale, and/or the use of actors, models, sets, or props, but not including activities associated with broadcasting breaking news. For purposes of this definition, creation of a product for sale includes a film, videotape, television broadcast, or documentary of historic events, wildlife, natural events, features, subjects or participants in a sporting or recreation event, and so forth, when created for the purpose of generating income.

• Commercial still photography is defined as the use of photographic equipment to capture still images on film, digital format, and other similar technologies found on NFS lands that:

• Takes place at a location where members of the public are generally not allowed or where additional administrative costs are likely.

• Uses models, sets, or props that are not part of the site’s natural or cultural resources or administrative facilities.

The Forest Service may require liability insurance and/or performance bonds to protect the public interest. Typically, $1 million in general liability may be required.

Public law 106-206 allows the Forest Service to collect fees for commercial filming or still photography activities:

• Cost recovery fees cover the administrative and processing costs associated with screening and issuing the permit.

• Land use fees are based on the number of days filming or still photography activities take place, the size of the film/still photography crew, and/or the amount and type of equipment present.

• Wilderness Areas are congressionally designated areas on NFS lands that are subject to specific management restrictions. Human activities are restricted to non-motorized recreation, scientific research, and other non-invasive activities.

A proposal for a commercial filming or still photography permit within the Boundary Waters Canoe Area (BWCA) will require additional screening that the activity has a primary objective of disseminating information about the use and enjoyment of wilderness, is wilderness-dependent and an appropriate non-wilderness substitute does not exist.

Commercial filming and still photography with a drone requires operators to possess a FAA Part 107 Remote Pilot Certificate. A copy of FAA drone registration, aircraft registrations, flight plan, and pilot’s contact information for approved proposals is required. Drones are prohibited from taking off, flying within, or landing within the BWCAW.


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