Many photographers who take pictures in parks or on other public land never give permits a thought, yet permits often are required if the photographs are intended for sale.

Commercial Photography

Commercial photography has several different meanings among photographers and among public agencies. Although it seldom formally is defined, most agencies regard as “commercial” any photography done with the intent of sale for profit, including editorial, stock, calendar, greeting card, and fine art. Some agencies even include images made for a commercial portfolio. Federal agencies require permits only when the photography involves props, sets, or professional models, or includes commercial products for sale, but many state and local agencies in California require permits for any commercial photography. Many agencies that require a permit also require a certificate of insurance naming the agency as additional insured.

Many regulations that cover commercial filming and photography were written for motion picture and television production and large-scale commercial product photography. Commercial filming, and to a much lesser extent, commercial product photography, can have significant impact on the locations in which they take place, sometimes involving large crews, considerable support equipment, numerous vehicles, temporary structures, and perhaps requiring temporary closure of areas, trails, or roads. The activity merits regulation, and in most cases the cooperation that a permit elicits is well worth the effort to obtain the permit. Commercial still product shoots often involve only a few locations, so that planning for and obtaining permits is relatively straightforward. The cost of obtaining a permit is a customary business expense that is passed along to the client. There is little justification for jeopardizing a commitment to a client and needlessly antagonizing agency staff by failing to obtain required permits for such activities.

Low-Impact Commercial Photography

Professional photography that doesn’t involve props, sets, professional models, or depiction of commercial products usually is on the border of what does and what does not require a permit. The photographic activity involved usually differs little, if at all, from that of a serious amateur or an ordinary visitor who would not require a permit. The impact of the activity often is so low that it’s nearly invisible, and not even considered when regulations are drafted. In contrast to motion picture or product shoots, editorial, stock, and fine art photography often involves short visits to many locations administered by many different agencies, so the logistics of obtaining permits and providing indemnification can be considerable. In many cases, there is no immediate client, so the photographer must absorb the cost of obtaining the permits.

As a practical matter, absent props, sets, or models, it’s nearly impossible to distinguish between commercial and noncommercial intent on the basis of equipment or photographic activity, and some agencies concede that regulations based on “commercial” intent essentially are unenforceable. Nonetheless, California State Parks and many local agencies in California require permits for photography with commercial intent.

Noncommercial Photography

Photography for personal use seldom requires a permit, as long as the photographer follows the same rules as the general public. A few sites do restrict the use of certain equipment (such as tripods or artificial lighting), or certain activities (such as leaving a tour group or leaving a trail), but these restrictions are usually clearly stated as such, and not related to “commercial” intent.

Some agency staff initially may assume that anyone using a tripod, medium- or large-format camera, long lenses, light meter, or other “professional” equipment is doing “commercial” photography and requires a permit. However, such equipment is used by amateurs and professionals alike, and in most cases, sales to amateurs considerably exceed sales of the same equipment to professionals. Fortunately, staff at many sites are accustomed to visitors who are serious amateur photographers, and realize that “professional” equipment isn’t what determines commercial intent. Many agency staff are serious photographers, and routinely use such equipment themselves. A photographer’s claim that photography is for personal use often will not be challenged unless circumstances strongly suggest that the claim isn’t true.

News Photography

Coverage of breaking news usually is protected by the First Amendment to the U.S. Constitution, and accordingly doesn’t require a permit, but some agencies require that it be done under supervision of agency staff to ensure adequate protection of site resources.

Special Privileges

Possession of a camera does not bestow privileges that are not available to the general public. If a photographer, professional or amateur, requires access to a location closed to the public, access to a site outside of normal visiting hours, or special assistance from agency staff, a permit usually is needed.

Know the Regulations

Whenever possible, a photographer should be familiar with a site’s regulations prior to arriving. If the photographer ever is questioned by agency staff, the discussion usually will be more productive if he can explain how what he is doing complies with the regulations. Agency staff aren’t always familiar with the regulations, so it may help to carry a printed copy. Agency staff may call another location and ask someone to verify the photographer’s claim, but the process often will go much faster if person doing the verification knows where to look. If all else fails, asking to discuss the situation with someone at the agency’s headquarters may effect a resolution. Obviously, the photographer should be certain that he understands the regulations and is in compliance before deciding to push the issue.

Avoid Surprising Agency Staff

If a site has a staffed visitors’ center or entrance station, the safest approach for a serious photographer probably is to “check in” with agency staff upon arrival. Asking if the site has any special rules for photography or if any sensitive areas require extra precaution will ensure that the photographer is apprised of the rules and of any special restrictions such as remaining on trails. Agency staff will appreciate the consideration; they’ll often try to be helpful, and may point out photo opportunities that the photographer would otherwise miss. In many cases, an individual photographer will not be asked about commercial intent, even at places that nominally require permits. At the very least, checking in ensures that agency staff are aware of the photographer’s presence, and are less likely to panic at another visitor’s report that a filming crew has invaded the site.

Basis for Permit Requirements

The authority to require permits must come from federal, state, or local law, and the authorizing law is the definitive reference for the conditions for which permits may be required. Finding the authorizing law is not always a simple matter, however. Laws that cover photography appear under a variety of general topics, and are described in various ways. Although photography often is specifically mentioned, some agencies interpret requirements for business licenses or prohibitions of “commercial activity” as the bases for requiring photography permits; definitive interpretations of the latter instances may depend on court decisions. Agency staff, especially at the local level, often are unaware of the authorizing laws. If an agency indicates that permits are required, a sound legal basis usually exists, but discovering that basis is not always easy.

The United States Code, the Code of Federal Regulations, and the Federal Register are available via the Government Printing Office’s Regulations.gov web site. The California Codes and the California Code of Regulations are available on the State of California web site. Some city, county, and special district codes are available on their agencies’ web sites.

Recent Changes in Federal Law

The 106th Congress enacted legislation that unified permit requirements for still photography on all federal lands administered by the Department of Agriculture and the Department of the Interior. That legislation became Public Law 106-206 when signed by President Clinton on 26 May 2000, and was codified at 16 USC 460l-6d. In most cases, there are few changes from long-standing policies, but because the basic rules now are formally covered by statutory law, they are not subject to revision by changes in administrative law or agency policy.

Formal implementation of Public Law 106-206 will require changes to the Code of Federal Regulations by each affected agency. However, developing regulations that are acceptable to all parties, including other government agencies, organizations that represent the filming industry and still photographers, and members of the general public, has proven to be an arduous and lengthy task; as of September 2005, only the USDA Forest Service have issued such a regulation.

The wording of Public Law 106-206 is clear and unusually specific for statutory law. However, because of its simplicity, it may fail to clearly state all that was intended. The law contains no provision to ensure that First Amendment rights are protected; Department of Justice concerns over this have caused several years’delay in the issuance of new regulations. The law doesn’t specifically mention “commercial articles” photographed to promote their sale or use, which always has required a permit; however, nothing in the testimony given before either the House or Senate subcommittees during the development of Public Law 106-206 suggests that it ever was the intent to eliminate this requirement. Apparently in attempt to clarify this ambiguity, a 2004 supplement to the BLM Manual includes such items under “props,” and a 2005 amendment to the Forest Service Handbook includes them under “model.” The approaches that other agencies take will remain to be seen.

Notable in the BLM supplement is an attachment that defines “commercial still photography” according to the conditions that would require a permit under Public Law 106-206. Although the definition is specific to this context, and somewhat contrived, “commercial” nonetheless is the term that most commonly has been used for photography that requires a permit. Retaining the traditional term, while providing a clear and reasonable definition that bases the permit requirement on the activity and its potential impact rather assumptions about the photographer’s intent, may ultimately prove to be the most effective approach.

Permit Requirements for Various Agencies

Laws, regulations, and policies for a few public agencies and private entities are summarized below.

National Park Service

Neither a permit nor a fee is required for still photography, unless the photography

Uses models or props that are not a part of the site’s natural or cultural resources or administrative facilities; or,
Takes place at locations closed to the public; or,
Takes place during hours that the park is closed to the public; or,
Is likely to result in additional administrative costs.

It may not be obvious when photography “is likely to result in additional administrative costs.” The NPS give the example of a location so popular with photographers that an extra ranger must be assigned to maintain order.

Photography is not allowed if the photography or related activity is such that

There is a likelihood of resource damage; or,
There would be an unreasonable disruption of the public’s use and enjoyment of the site; or
The activity poses health or safety risks to the public.

Since 26 May 2000, permit requirements have been governed by 16 USC 460l-6d. The new policy should differ little from long-standing policy dictated by 36 CFR 5.5(b). National Park Service policy on filming and photography is described in several documents available on the NPS web site:

Section 14 of Director’s Order 53, Special Park Uses
Appendix 13 of Reference Manual 53 (available as a zipped file). Appendix 13, Exhibit 1 is a one-page policy summary that essentially is the same as that described in a letter issued by the Secretary of the Interior in April 1990.
Chapter 8 of NPS Management Policies.

The Code of Federal Regulations eventually may be updated to formally implement the requirements of 16 USC 460l-6d.

Contact Lee Dickinson, Special Park Uses Program Manager, at 202-513-7092 or Lee_Dickinson@nps.gov for additional information.

Bureau of Land Management

Since 26 May 2000, permit requirements have been governed by 16 USC 460l-6d, and essentially are the same as those for lands administered by the National Park Service. The new policy should differ little from the long-standing policy posted on the BLM web site. That policy, in turn, is little changed from that described in a letter issued jointly by the BLM and the USDA Forest Service in August of 1994.

When a permit is required, the fee varies with the size of the crew, and varies from state to state. A certificate of insurance naming the U.S. government as additional insured usually is required; the amount of insurance varies with the size and nature of the activity.

Use of BLM lands is covered in 43 CFR 2920, Leases, Permits and Easements. Commercial photography is not specifically mentioned in 2920, so it has been subject to various interpretations. The provisions of 16 USC 460l-6d should remove any ambiguity.

The Code of Federal Regulations eventually may be updated to formally implement the requirements of 16 USC 460l-6d; Instruction Memorandum 2004-073 has been issued to direct BLM personnel in the interim. A key part of this IM is an attachment that defines several terms related to commercial filming and still photography; the definitions derive from those introduced in USDA Forest Service Interim Directive 2720-2003-1 (and incorporated in Chapter 40 of Forest Service Handbook 2709.11), but they conform more to conventional usage, and add several clarifications of what is included (e.g., “model” does not include a portrait subject, and “sets and props” does not include “ancillary still photographic equipment.”).

The most current information about BLM regulations and policies related to still photography usually is available on the BLM filming web page.

Contact Vanessa Engle in the Lands and Realty Group at 202-452-7776 or vanessa_engle@blm.gov for additional information.

U.S. Fish and Wildlife Service

Since 26 May 2000, permit requirements for lands administered by the U.S. Fish and Wildlife Service have been governed by 16 USC 460l-6d, and essentially are the same as those for lands administered by the National Park Service. The new policy should differ little from the long-standing policy described in Title 8, Section 16 of the Refuge Manual. The Code of Federal Regulations eventually may be updated to formally implement the requirements of 16 USC 460l-6d.

Contact Rebecca Halbe in Visitor Services at 703-358-2365 or Rebecca_Halbe@fws.gov for additional information.

USDA Forest Service

Permit requirements for National Forest System lands are covered by 16 USC 460l-6d and 36 CFR 251. A final rule revising 36 CFR 251 to formally implement the requirements of 16 USC 460l-6d was published in the Federal Register on 13 July 2004, and became effective on 12 August 2004. At first glance, the revised 36 CFR 251 appears to require a permit for all still photography; however, “still photography” is later defined to be that which would require a permit under 16 USC 460l-6d. In most cases, the new regulations differ little from long-standing policy covered by previous versions of Section 2725.51, Commercial Still Photography, of the Forest Service Manual; that policy also was described in a letter issued jointly by the BLM and the Forest Service in August 1994.

With the requirements now covered by 36 CFR 251, the policy specifics have been removed from FSM 2725.51 and placed in Chapter 40 of Forest Service Handbook 2709.11, Special Uses Handbook. The beginning of § 45.5 includes definitions related to commercial filming and still photography; the definition of “sets and props” differs from the conventional meaning, including equipment as well as objects that actually appear in a film or photograph. The definition is somewhat ambiguous with respect to still photography, and conceivably could be interpreted as requiring a permit for the use of anything other than a camera or tripod. It remains to be seen whether this will be the case; it is possible that interpretation will vary among different Forest Service regions and perhaps even among enforcement personnel. The complete Forest Service Manuals and Forest Service Handbooks are available on the Forest Service web site.

When a permit is required, the fee varies with the size of the crew. A certificate of insurance may be required if the activity poses sufficient risk; the amount of insurance varies with the size and nature of the activity.

The most current information about USDA Forest Service regulations and policies related to still photography usually is available on the Forest Service filming web page. Announcements of new rules and policies often are available on the Forest Service Special Uses page.

Contact Melissa Hearst in Lands Special Uses at 202-205-1196 or mhearst@fs.fed.us for questions about permit requirements

California State Parks

Photography for personal use does not require a permit or special authorization, provided that the photography

Does not involve the use of props, sets, or professional models;
Does not require access to areas of the park that are closed to the public;
Takes place during the hours that the park is open to the public;
Does not interfere with other visitors’ use and enjoyment of the park;
Does not result in the disturbance or rearrangement of any park facility or feature. Protected features include rocks, minerals, and formations, and all vegetation.

Commercial photography, including editorial, stock, and fine art, requires a permit and a certificate of insurance, with the State of California named as additional insured. There is no fee unless the photography requires monitoring by park staff; in many cases monitoring is not required for still photography. Additional information about insurance requirements is available on the California Film Commission web site.

Permit requirements seldom are waived when a photographer contacts the district office and states the intention to photograph for sale and profit.
Field park staff seldom raise the issue of commercial photography with an individual still photographer, regardless of equipment, unless the photographer specifically mentions it, or is part of an entourage that includes models, props, and assistants.
To be completely safe, however, a person planning stock or similar photography may wish to contact the appropriate district office. A list of district offices and telephone numbers is available on the DPR web site.

Some parks require that visitors remain with tour groups or on designated trails, or prohibit the use of certain equipment, such as tripods or artificial light. When such restrictions are in effect, enforcement usually is very strict, with violation often resulting in a citation rather than a warning.

The requirement for commercial photography permits is covered by Title 14, Section 4316 of the California Code of Regulations. It is important to note that only parks owned and operated by the Department of Parks and Recreation are covered; if a park is owned by the state but operated by another organization, the operating organization’s rules apply. For example, San Bruno Mountain State Park is operated by San Mateo County and is therefore covered by San Mateo County rules.

Department policy is described in California Park and Recreation Commission Policy IV.4. That policy, as well as other information related to filming and photography in California State Parks, is included in Guidelines for Filming in California State Parks on the DPR web site.

Marin County Parks

Section 10.03.150 of the Marin County Parks, Open Space and Cultural Services Code requires a permit from the Parks, Open Space and Cultural Services for any commercial photography or related activity in Marin County parks.

Still photography usually is considered commercial if

Photographs of commercial products are made for advertising purposes.
The photography involves the use of props or professional models.
The photography is done on assignment (i.e., there is an existing contract to sell the photographs).

Other still photography, such as fine art, stock, or similar, in which the images may be sold at a later date, but that is not done under an existing contract, generally is not considered commercial and does not require a permit, if the photographer follows the same rules as other park visitors. In particular, the photography and related activity must

Take place during hours that the park is open to the public.
Not require access to areas that are closed to the public.
Not interfere with other visitors’ enjoyment of the park.

To issue a commercial photography permit, the Department require

A certificate of insurance providing general liability coverage of $1,000,000, and naming Marin County as additional insured.
A fee of $300 per day (or $75 per hour). Additional charges may apply if the activity requires monitoring by park staff.

Contact the Department at 415-499-6387 for additional information. A staff directory and complete park rules are available on the Department web site.

Marin County Open Space District Lands

Section 2.03.160 of the Marin County Open Space Code requires a permit from the from the Department of Parks, Open Space and Cultural Services for any commercial photography or related activity on District lands. The regulation for open space lands is nearly identical to that for county parks, and the policy for open space lands is the same as that for parks.

Parks and Open Spaces are currently under common administration. Contact the Department of Parks, Open Space and Cultural Services at 415-499-6387 for additional information. A staff directory and complete open space rules are available on the Department web site.

UC Berkeley Botanical Garden

A permit and fee are required for any commercial photography; the fee varies with the intended use of the images. Contact the Garden at 510-643-2755 for additional information.

Tripods may not be placed in the flower beds.

City and County of San Francisco

Photography that doesn’t involve models, props, or crews usually doesn’t require a permit. However, photography that requires assistance from City employees or “interferes to any substantial degree” with the use and enjoyment of streets, sidewalks, or other public property requires a use agreement with the San Francisco Film and Video Arts Commission.

To execute a use agreement, the Film and Video Arts Commission require

A completed use agreement form.
A certificate of insurance providing general liability coverage of $1,000,000 and naming The City and County of San Francisco as additional insured.
A fee of $100 per day, which is valid for any location in the city.

Use agreement forms and additional information are available on the Film Commission web site. They may be contacted by telephone at 415-554-6243.

Permit requirements are covered by Section 57.6 and the definitions in Section 57.1 of the San Francisco Administrative Code.

Chapter 34 of the San Francisco Police Code requires a permit for a photographer not associated with an established photographic studio who takes pictures of people in public places with the express purpose of selling the pictures to those people.

San Francisco Parks

San Francisco parks are under the jurisdictions of several different agencies.

San Francisco Recreation and Park Department

A permit is required for all commercial still photography, including editorial, stock, and fine art.

The Department require a certificate of insurance providing general liability coverage of $1,000,000 and naming The City and County of San Francisco as additional insured.
Fees charged by the Department are based on the impact of the activity, and vary with the location, the amount of assistance or monitoring required, and whether or not the activity requires exclusive access to the area in which the photography takes place. The minimum fee is $200 per day per site; the complete fee schedule is given in Section 12.24 of the San Francisco Park Code.

Some locations, such as Coit Tower and the Japanese Tea Garden in Golden Gate Park, prohibit the use of tripods because of restricted space. The restrictions are clearly indicated at the entrances to those locations.

Section 7.12 of the San Francisco Park Code requires a permit for commercial photography in San Francisco parks, and Sec. 7.17 requires the permit to be shown to a Recreation and Park Department employee or police officer upon request.

Union Square is managed by KTB Management Group under contract with the Recreation and Park Department.

Additional information about City parks and rules for filming and photography are available Recreation and Park Department web site.

Strybing Arboretum in Golden Gate Park

A permit is required for any commercial photography, governed by Section 7.12 of the San Francisco Park Code. Permits are issued by the Director of the Arboretum; to issue a permit, the Director

Requires a certificate of insurance providing general liability coverage of $1,000,000 and naming The City and County of San Francisco and the Strybing Arboretum Society as additional insureds.
Requests a donation to the Strybing Arboretum Society. The request usually is waived for members of the media who intend to use the photographs in educational articles.

Tripods may not be placed in the flower beds; however, an exemption can sometimes be obtained with a photography permit.

Contact the Director’s office at 415-753-7090 for additional information.

Strybing Arboretum and Botanical Gardens is operated by the San Francisco Recreation and Park Department and the nonprofit Strybing Arboretum Society.

San Francisco Port Parks

Some parks are under the jurisdiction of the Port of San Francisco. Section 6.11 of the San Francisco Port Code requires a permit for any commercial photography in those parks.

The Port prefer two weeks notice, and prefer to know specific locations where the photography will take place.
The Port require a certificate of insurance providing general liability coverage of $1,000,000 and naming The City and County of San Francisco as additional insured.
The minimum fee is $500 per day, good for all locations. The fee increases to $1000 per day if the photography involves large props or other items such as automobiles.

San Francisco Redevelopment Agency Parks

Yerba Buena Gardens, Pier 40, South Beach Harbor, and South Beach Park are under the jurisdiction of the San Francisco Redevelopment Agency, although conduct in these parks is covered by the San Francisco Park Code, and permit requirements are the same as for other San Francisco parks. Yerba Buena Gardens is managed by KTB Management Group under contract with the Redevelopment Agency.

Permit Contacts

Permits for different locations are issued by different agencies and organizations:

For parks under the jurisdiction of the Port of San Francisco, contact Joyce Chan at 415-274-0259 or Joyce_Chan@sfport.com.
For Yerba Buena Gardens and Union Square, contact KTB Management Group at 415-247-6500.
For Pier 40, South Beach Harbor, and South Beach Park, contact Jim Nybakken of the San Francisco Redevelopment Agency at 415-495-1045.
For Strybing Arboretum, contact the Director of the Arboretum at 415-753-7090.
For all other locations in San Francisco parks, contact Tim Lillyquist at the Recreation and Park Department Film Office at 415-831-2774 or Tim_Lillyquist@ci.sf.ca.us to coordinate the shoot. Permits for most locations are issued by the Film and Video Arts commission; however, permits for revenue-producing locations, such as Kezar Stadium and Coit Tower, and for all interior locations, are issued by the Recreation and Park Department.

San Mateo County Parks

Section 3.68.080 (w) of the San Mateo County Code requires a permit for commercial photography. To issue a commercial photography permit, the Parks and Recreation Department require

A certificate of insurance providing general liability coverage of $1,000,000, and naming San Mateo County as additional insured.
A fee of $200 per day per park.

For additional information, contact the Parks and Recreation Department at 650-363-4020 or at ParksandRecreation@co.sanmateo.ca.us.

Santa Clara County Parks

Section B14-54.4 of the Santa Clara County Code requires a permit for commercial photography; Section B14-51.1 defines as commercial any photography that may be sold for profit. The permit must be obtained in person at the Parks Administration office in Los Gatos, but can usually be issued on the spot.

An annual permit is available for $100, valid for any Santa Clara County Park.
A certificate of insurance is normally not required. Insurance may be required for larger photographic projects, such as those involving sets, that put the county at greater risk.

For additional information, contact John Goldsworthy at 408-355-2220 or John.Goldsworthy@mail.prk.co.santa-clara.ca.us. Additional contacts are listed on the Department web site .

Midpeninsula Regional Open Space District Lands

A permit is required for all commercial photography, including editorial, stock, and fine art. To issue a permit, the District require

A completed permit application.
A fee of $350 per day ($175 per half-day), which is valid for any preserve operated by the District.

A certificate of insurance seldom is required for still photography.

Section 603 of the Regulations for Use of Midpeninsula Regional Open Space District Lands requires a permit for commercial photography.

For additional information, contact Kathleen Hart by telephone at 650-691-1200 or by e-mail at khart@openspace.org.

The Midpeninsula Regional Open Space District administer 26 bayland and foothill open space preserves covering nearly 50,000 acres in Santa Cruz, Santa Clara, and San Mateo counties.

City of Palo Alto Parks and Preserves

“Commercial activity” is not permitted, but wedding, portrait, or landscape photography that does not include any recognizable landmarks usually is not a problem. [However, the City Attorney’s office, in an informal opinion, said that any photography for sale for profit probably would be considered commercial activity, and as such would violate Title 22 of the Palo Alto Municipal Code.]

Foothills Park is open only to Palo Alto residents and their guests; other parks, including Arastradero and Baylands Preserves, are open to the public.

Santa Barbara County

Section 14C-5 of the Santa Barbara County Code requires a permit for commercial still photography on public or private property in unincorporated areas of the County or on property controlled by the County within incorporated areas.

Section 14C-13 of the County Code requires a certificate of insurance providing general liability coverage of $1,000,000 and naming the County of Santa Barbara as additional insured as a condition for issuing a permit.

Section 14C-6 (f) of the County Code provides an exemption for low-impact photography. The exemption usually is granted for stock and similar photography that doesn’t involve models, props, or crews, but the exemption must be requested in writing from the County Film Permit Officer.

Contact Jim Norris (805-568-3074), County Film Permit Officer, for additional information.

Santa Barbara County Parks

Photography in Santa Barbara County parks that does not qualify for a permit exemption under Section 14C-6 (f) of the County Code requires a permit review fee and a use fee. Fees for use of parks, buildings, and grounds other than the County Courthouse range from $30 to $450 per day. Fees for use of the County Courthouse range from $30 to $1,000.

Permit requirements for Santa Barbara County parks are described in greater detail on the County web site.

City of Santa Barbara Parks

All commercial still photography, including stock, editorial, and fine art, requires a permit from the Department of Parks and Recreation. To issue a permit, the Department require

A business license from the City of Santa Barbara.
A completed permit application. There is no fee.
A certificate of insurance providing general liability coverage of $250,000 and naming the City of Santa Barbara as additional insured.

Section 15.16.010 of the Santa Barbara Municipal Code prohibits practicing or conducting any occupation, business, or profession in any City park or on any City beach without a contract with the City of Santa Barbara, and the Department of Recreation and Parks and the Santa Barbara City Council interpret any still photography intended for sale for profit as conducting a business.

Contact Susan Jang-Bardick, Facilities & Registration Services Coordinator (sjang-bardick@ci.santa-barbara.ca.us or 805-564-5419), for additional information.

City of Santa Barbara Waterfront

All commercial still photography in the Harbor area and on Stearns Wharf, including stock, editorial, and fine art, requires a permit from the Waterfront Department. To issue a permit, the Waterfront Department require

A completed permit application.
A certificate of insurance providing general liability coverage of $1,000,000 and naming the City of Santa Barbara as additional insured.
A fee of $100 per day (if the crew size is less than 15).

The Department normally require that photography not interfere with vehicle, vessel, or pedestrian traffic.

Amateur photographers with large tripods or other “professional” equipment who are concerned about being questioned by Department staff may wish to check in at the Harbor office before photographing.

Section 17.13.030 of the Santa Barbara Municipal Code requires the of the Santa Barbara Municipal Code requires the permission of the Waterfront Director, permits from the City, and payment of appropriate fees for commercial photography on Stearns Wharf.

Section 17.28.100 of the Santa Barbara Municipal Code states similar requirements for commercial photography in the Harbor.

Contact Brian Slagle, Administrative Assistant (bslagle@ci.santa-barbara.ca.us or 805-897-1962), for additional information.

City of Los Angeles

Section 22.350 of the Los Angeles Administrative Code requires a permit, an application fee, and proof of insurance to use any City property for any commercial still photograph of, or including any City property. The Los Angeles City Council have delegated the authority to issue filming and photography permits to the Entertainment Industry Development Corporation (EIDC); to issue a permit, the EIDC require

A completed permit application. The application fee is $45 ($450 if the crew size is 15 or greater).
A certificate of insurance naming the City of Los Angeles as additional insured. The required coverage is $500,000 ($1,000,000 if the crew size is 15 or greater).
A certificate of insurance naming the EIDC and the County of Los Angeles as additional insureds. The required coverage is $500,000 ($1,000,000 if the crew size is 15 or greater).

Contact the EIDC (323-957-1000) for additional information.

City of Los Angeles Parks

All commercial still photography, including editorial, stock, and fine art, requires

Reserving the site through the Los Angeles Park Film Office. The fee is $50/day ($100/day if the crew size is 15 or greater).
A permit from the Entertainment Industry Development Corporation (EIDC). To issue a permit for Los Angeles City Parks, the EIDC require
- A completed permit application. The application fee is $45 ($450 if the crew size is 15 or greater).
- A certificate of insurance naming the City of Los Angeles as additional insured. The required coverage is $500,000 ($1,000,000 if the crew size is 15 or greater).
- A certificate of insurance naming the EIDC and the County of Los Angeles as additional insureds. The required coverage is $500,000 ($1,000,000 if the crew size is 15 or greater).

Certain activities may require monitoring by park staff and the payment of additional fees.

Special locations, such as Griffith Observatory, require additional permissions and fees. The staff at Griffith Observatory are particularly sensitive to commercial photographers attempting to avoid payment of fees, and are likely to approach any photographer using a substantial tripod or other “professional” equipment.

Section 63.44 B.3 of the Los Angeles Municipal Code requires a contract with the Recreation and Parks Department to practice or conduct any trade, occupation, business, or profession, and the RAP interpret any still photography that is intended for sale for profit as conducting a business.

Contact the EIDC (323-957-1000), the Los Angeles Park Film Office (323-644-6220), or the Griffith Observatory Film Coordinator (323-664-1181) for additional information.

Orange County

Sec. 5-3-337 of the Orange County Codified Ordinances requires a permit for all still photography on County property; however, Sec. 5-3-338 exempts photography that is solely for private use. A link to the online version of the Codified Ordinances is available on the Orange County web site.

To issue a permit, the County require a certificate of insurance indicating general liability coverage of $1,000,000, and an endorsement naming the County of Orange and the State of California as additional insured. The County require some specific language, on both the insurance certificate and the endorsement, that many other agencies do not require, and that may not be included on standard insurance forms. These requirements are described in the insurance instructions; the photographer's insurance carrier should read the instructions carefully. Permit forms and insurance instructions are available on the County Property Permits web site.

Processing a permit application requires a minimum of three days if the photographer has a certificate of insurance on file with the County, and a minimum of seven days otherwise.

The fee for still photography is $150 per day, with a $500 surety deposit. The fee is good for any location in the County, provided that all locations are listed on the permit application and appropriate arrangements have been made with County personnel responsible for those locations. An annual permit for portrait photography is available for $150 plus a $500 surety deposit.

Photography in County harbors, beaches, and parks requires that arrangements be made with the Supervising Park Ranger or other designated personnel 48 hours in advance of the activity; this requirement applies to a photographer with an annual permit as well as to a photographer with a day permit. Information about County parks, including contact information, is available on the Orange County Harbors, Beaches, and Parks web site.

Contact Carolyn Uribe, carolyn.uribe@pfrd.ocgov.com, or (714) 834-5238, for additional information.

Last updated September 2005

Still Photography and Permits On US and California Public Land