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

Basis for Requiring Permits

Permits are often required for photography done for “commercial” purposes. But “commercial photography” has several different meanings among photographers and among public agencies. Photographers often distinguish between “commercial” and “editorial” work, sometimes with varying ideas of what belongs in each category; public agencies seldom recognize the distinction. Most state and local agencies in California require permits for any photography for “commercial purposes,” possibly with the assumption that “commercial” is equivalent to “large-scale and disruptive.” Although they often don’t formally define the term, these agencies typically 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. In contrast, most US federal agencies base permit requirements on the activity’s impact rather than on commercial intent, and accordingly require permits only when the photography involves models or props.

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 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 to protect resources and avoid undue interference with the normal activities of others, 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 models or props is usually 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 certificates of insurance can be considerable. In many cases, there is no immediate client, so the photographer must absorb the cost of obtaining the permits and providing indemnification.

As a practical matter, absent models or props, 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 are essentially unenforceable. Nonetheless, at least ostensibly, 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 is usually protected by the First Amendment to the US 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 is usually needed.

Know the Applicable Laws

Whenever possible, a photographer should be familiar with the applicable statutes, ordinances, regulations, and local rules prior to arriving at a site. If the photographer ever is questioned by agency staff, the discussion will usually be more productive if he can explain how what he is doing complies with the rules. Agency staff aren’t always familiar with the laws, 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 rules and is in compliance before pushing the issue with agency staff.

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 precautions 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.

Authority for Requiring Permits

The authority to require permits comes from federal, state, or local statutory or administrative 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 is often specifically mentioned, some agencies simply interpret prohibitions of “commercial activity” as the bases for requiring photography permits. Definitive interpretations of the latter instances may depend on court decisions; because questions related to permits seldom reach appellate courts, such interpretations are often unavailable. Most requirements for local agencies are covered in county or municipal codes, but some agencies, such as the City of Palo Alto, authorize certain officials or departments to issue regulations without formal action by a legislative body, so simply searching a code may not suffice. If an agency indicates that permits are required, there is usually a sound legal basis, but discovering that basis is not always easy. Even agency staff, especially at the local level, are often unaware of the authorizing laws.

The United States Code is available on the Cornel University Law School’s Legal Information Institute web site and on the US House of Representatives Office of the Law Revision Counsel web site. The Code of Federal Regulations and the Federal Register are available via the US Government Printing Office’s GPO Access web site. The California Codes are available on the State of California web site, and the California Code of Regulations is available online from Westlaw. Many city, county, and special-district codes are available on their agencies’ web sites.

For convenience, this article includes the text of many of the cited statutes, ordinances, and regulations. Any of these laws is subject to revision, however, so the best approach is to obtain the most recent version from the official source.

Photography on Federal Public Lands

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. For most photographers, there should be little change from long-standing policies, but because the basic rules now are formally covered by statutory law, they are not subject to significant revision by changes in regulations or agency policies.

Public Law 106-206 mandates requiring permits for photography that involves models or props, prohibits requiring permits in most other situations, and prohibits issuing permits for activities that could adversely impact resources or site operations. Because the law directs policy of the affected agencies rather than imposing obligations on photographers, its formal implementation requires changes to the Code of Federal Regulations by each agency. But 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 November 2010, only the US Forest Service have issued such a rule. A proposed rule covering the Bureau of Land Management, the US Fish and Wildlife Service, and the National Park Service appeared in the Federal Register in August 2007, but as a result of public comment, the final rule was not issued.

Although Public Law 106-206 is unusually specific for statutory law, some of its wording, at least ostensibly, may be less clear than corresponding wording of 36 CFR 5.5(b), which has long governed permit requirements in National Parks. Where the latter refers to “any vehicle, or other articles of commerce or models for the purpose of commercial advertising,” the former refers simply to “models or props which are not a part of the site’s natural or cultural resources or administrative facilities,” without defining or qualifying “models” or “props.” Conceivably, the law could be read as applying under any circumstances to taking a photograph that includes anything not a part of a site, but such an interpretation would lead to absurdities such as requiring a permit to photograph the photographer’s family members or vehicle. The stated intent of the still photography provisions of Public Law 106-206 was to apply the NPS regulations to all affected agencies, so it probably is reasonable to assume that the wording of Public Law 106-206 is equivalent to that of 36 CFR 5.5(b), and that both “model” and “prop” were intended to apply only in the context of advertisement of a product or service. A 2004 supplement to the BLM Manual provides definitions that are essentially those above; a 2005 amendment to the Forest Service Handbook provides many similar definitions but treats commercial articles as models. Both approaches would seem to work to the same effect. Hopefully, any new formal rule will incorporate language that is clear to both photographers and enforcement personnel.

“Commercial Photography” Revisited

The BLM supplement includes an attachment that defines “commercial still photography” according to the conditions that would require a permit under Public Law 106-206. Though it actually has little to do with commercial intent in this context, “commercial” is nonetheless the term most commonly used for photography that requires a permit, and it is considerably less unwieldy than “still photography involving models, props, or sets.” The definition is specific to the context of Public Law 106-206 (it incorporates after-hours and closed-area access); however, aside from those provisions, it arguably accurately describes the activity for which regulation was originally intended by most agencies.

Still vs. Motion Pictures: Advances in Technology

Many current digital still cameras include the ability to record high-quality video as well as still pictures. In most situations, it is nearly impossible for an observer to determine whether the photographer is recording still or moving images, so that regulations that depend on the distinction between still and motion pictures may need to be revised. If indeed the need for regulation is based on impact rather than intent or technique, and the impact of video recording is no different from that of still photography, the permit requirement should also be no different. Apparently, no agency has addressed this issue as of November 2010.

Permit Requirements for Various Agencies

Laws 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, such as at 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 would be such that

There would be 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 would pose health or safety risks to the public.

When a permit is required, the fee varies with the size of the crew. A certificate of insurance naming the US government as additional insured is usually required; the amount of insurance varies with the risk posed to park resources.

Permit requirements are governed by 36 CFR 5.5(b), subject to 16 USC 460l-6d. National Park Service policy on filming and photography is described in several documents available on the NPS web site:

NPS Digest summary of permit requirements and fee schedule.
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 will probably be revised to formally implement the requirements of 16 USC 460l-6d; a rule proposed in August 2007 (but not issued) would have moved the permit requirements from 36 CFR Part 5 to a new 43 CFR Part 5 covering permit requirements for the BLM and US Fish and Wildlife Service as well as the National Park Service.

Permits are issued by each park administrative office, which may be located using the Find a Park web page. Additional information and permit applications are available on some individual park web sites.

Contact Lee Dickinson, Special Park Uses Program Manager, at 202-513-7092 or Lee_Dickinson@nps.gov for questions about permit requirements.

Bureau of Land Management

Permit requirements are essentially the same as those for lands administered by the National Park Service; the policy is posted on the BLM web site. The most significant change from the long-standing policy described in a letter issued jointly by the BLM and the US Forest Service in August of 1994 was to eliminate permit requirements for “commercial photographers who take pictures of public land users . . . with the express purpose of selling the pictures to those users.”

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 US government as additional insured is usually 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. Since 26 May 2000, application of § 2920 to photography has been constrained by 16 USC 460l-6d.

The Code of Federal Regulations will probably be revised to formally implement the requirements of 16 USC 460l-6d; Instruction Memorandum 2004-073 has been issued to direct BLM personnel in the interim. Included with that IM is Attachment 1, which defines several terms related to commercial filming and still photography; the definitions derive from those introduced in US 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 is usually available on the BLM filming web page. That page and its subpages include permit application forms, and a list of contacts for popular filming locations.

Contact Vanessa Engle in the Lands and Realty Group at 202-912-7339 or Vanessa_Engle@blm.gov for questions about permit requirements.

US Fish and Wildlife Service

Permit requirements for lands administered by the US Fish and Wildlife Service are essentially the same as those for lands administered by the National Park Service. Current policy is covered by Title 8, Section 16 of the Refuge Manual, subject to 16 USC 460l-6d. The Code of Federal Regulations will probably be revised to formally implement the requirements of 16 USC 460l-6d.

US 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. For most photographers, the new regulations work to the same effect as 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. The primary change was to eliminate permit requirements for “commercial photographers who take pictures of public land users . . . with the express purpose of selling the pictures to those users.”

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 US Forest Service regulations and policies related to still photography is usually 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 Julett Denton, Special Uses National Program Manager, at 202-205-1256 or jdenton@fs.fed.us for questions about permit requirements.

California State Parks

Any photography for “profit and sale” 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 are seldom waived when a photographer contacts the district office and states the intention to photograph for sale for profit.
Most field park staff do not 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.
Sometimes, however, park staff may approach a photographer who appears to be using “professional” equipment and ask if she is shooting commercially. In rare instances, photographers so approached have been detained for identification and warrant checks. To be completely safe, 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, § 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.

The rulemaking history for § 4316 suggests that the intent was to regulate disruptive activities such as those of motion picture filming crews; however, the DPR generally interpret the permit requirement as applying to any photography that is intended for sale, including editorial, stock, and fine art.

Photography at Hearst Castle is covered in Title 14, § 4600 of the California Code of Regulations; photography at the California State Railroad Museum is covered in § 4613.

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.

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 park rules are available on the Department web site.

Marin County Open Space District Lands

Section 100.02.160 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.

Tripods may not be placed in the flower beds.

Contact the Garden at 510-643-2755 for additional information.

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 Commission. To execute a use agreement, the Film Commission require

A completed use agreement form.
A certificate of insurance providing general liability coverage of $1,000,000 ($2,000,000 aggregate) 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.

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.

Use agreement forms and additional information are available on the Film Commission web site. The Film Office may be contacted by telephone at 415-554-6241 or by email at film@sfgov.org.

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 complete fee schedule is available on the Department web site.

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

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 Park is managed by MJM Management Group under contract with the Recreation and Park Department. MJM Management issue permits, and require that they and several other entities, as well as the City and County of San Francisco, be named as additional insureds.

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

San Francisco Botanical Garden at Strybing Arboretum

A permit is required for any commercial photography, governed by Section 7.12 of the San Francisco Park Code. Permits are issued by the Recreation and Park Department.

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.

The San Francisco Botanical Garden at Strybing Arboretum is operated by the San Francisco Recreation and Park Department and the nonprofit San Francisco Botanical Garden 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.

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 MJM Management Group under contract with the Redevelopment Agency. MJM Management issue permits for Yerba Buena Gardens, and require that they as well as the City and County of San Francisco be named as additional insureds.

Permit Contacts

Permits for different locations are issued by different agencies and private entities:

For parks under the jurisdiction of the Port of San Francisco, contact the San Francisco Film Office at 415-554-6241 or film@sfgov.org.
For outdoor photography at Yerba Buena Gardens, contact the Yerba Buena Gardens Festival at 415-543-1718; permits are issued by MJM Management Group (415-820-3550).
For Union Square, contact MJM Management Group at 415-477-2600.
For Pier 40, South Beach Harbor, and South Beach Park, contact Harbormaster Jim Walter at 415-495-4911 ext. 1045 or James.Walter@sfgov.org.
For all other locations in San Francisco parks, contact the Recreation and Parks Department Film Permit Office at 415-831-5528.
For all other locations in San Francisco, contact the San Francisco Film Office at 415-554-6241.

Golden Gate National Recreation Area

Areas within the Golden Gate National Recreation Area are under the jurisdiction of the National Park Service. Permit requirements are the same as those for National Parks. See the GGNRA’s Filming and Photography page for additional information.

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 $217 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 B14-11.1 defines as “commercial” any photography that is “performed under contract for profit or may be sold for profit at a later date.” A permit may be obtained in person at the Parks Administration office in Los Gatos or by phone from the Parks Reservations Office at 408-355-2201. In most cases, a permit can also be obtained on the spot from a park ranger.

An annual permit is available for $150, valid for most Santa Clara County parks.
A certificate of insurance is normally not required, but may be required for larger photographic projects, such as those involving sets, that put the county at greater risk.

For additional information, contact the Parks Reservations Office (number above), Reception at 408-355-2200 ext. 0, or by e-mail at parkinfo@prk.sccgov.org. For large shoots that may require special conditions, contact the Parks Use Coordinator at 408-355-2220. Additional contacts are listed on the Department web site .

Midpeninsula Regional Open Space District Lands

Section 603 of the Regulations for Use of Midpeninsula Regional Open Space District Lands requires a permit for any “filming operation involving the use of film equipment, lighting, props, or other similar materials, except for a single still, motion picture, video, digital or other camera, for commercial purposes.”

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 is seldom required for still photography.

For additional information, contact the District at 650-691-1200 or by e-mail at permits@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

Permits are required for all commercial photography; they are intended to cover large-scale activity such as commercial product advertising but not to limit low-impact activity such as individual nature photography or photography involved with weddings or similar events. In many cases, permits can be waived for low-impact activity for which the photographer observes all other regulations such as remaining on trails; in most cases, there is no fee or insurance requirement.

Section 2.08.050 of the Palo Alto Municipal Code authorizes the city manager to prescribe regulations for the use of any City property by members of the public. Chapter 22.04 requires compliance with regulations for use of city property and prohibits commercial activity without a permit. Section R1-21A of the Park and Open Space Regulations a permit for any commercial photography.

For Baylands Preserve, call 650-617-3156; for Foothills Park and other open space preserves, call 650-329-2423. Additional information, including the Park and Open Space Regulations, is available on the Open Space and Parks page.

Foothills Park is open only to Palo Alto residents and their guests; other parks, including Pearson-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 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-6 (d) of the County Code provides an exemption for photography that is solely for private or family use.

Section 14C-6 (f) of the County Code provides an exemption for low-impact photography. The exemption is usually 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.

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.

The Santa Barbara Film Commission provide a summary of permit requirements in the City of Santa Barbara. Detailed permitting information, fee schedules, and a permit application are available in PDF on the Film Commission web site. Contact County Film Permit Office at 805-568-3074 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

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 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.

The Waterfront Department normally require that photography in the Harbor area or on Stearns Wharf 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 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.

Section 17.13.030 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.

The Santa Barbara Film Commission provide a summary of permit requirements in the City of Santa Barbara. Detailed permitting information, fee schedules, and a permit application are available in PDF on the Film Commission web site. Contact Susan Jang-Bardick, Facilities & Special Events Supervisor (SJang-bardick@SantaBarbaraCA.gov or 805-897-1999) or Cindy Leyva (Cleyva@SantaBarbaraCA.gov or 805-897-1982) for additional information.

Business License Tax

Section 5.04 of the Santa Barbara Municipal Code requires an annual business license tax for a photographer who shoots for sale for profit, and is based in Santa Barbara or sells images in Santa Barbara. A photographer may choose to be licensed as a professional (description C on the application form) and pay a fixed fee, or as a home-based business or other business based outside City limits (description A4) and pay the tax based on gross receipts. Additional information, including an application form, is available on the City of Santa Barbara web site.

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 FilmL.A.; to issue a permit, FilmL.A. 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).

For additional information, see the FilmL.A. Film Permits page or contact FilmL.A. at 213-977-8600 or info@filmlainc.com.

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 FilmL.A. To issue a permit for Los Angeles City Parks, FilmL.A. 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).

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.

For additional information, see the FilmL.A. Film Permits page, or contact FilmL.A. (213-977-8600) or the Los Angeles Park Film Office (323-644-6220).

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.

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 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 Customer Care and Permit Services web page.

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. Processing a permit application requires a minimum of three days.

For additional information about permits for locations other than harbors, beaches, and parks, see the Customer Care and Permit Services page or contact Dean Capalety at 714-667-8836.

Orange County Harbors, Beaches, and Parks

Permits for photography in County harbors, beaches, and parks are issued by OC Parks; fees are the same as for other areas in Orange County. To issue a permit, OC Parks 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. OC Parks require specific language not required by many other agencies, so the insurance instructions should be read carefully. Nominal time to process a permit application is five days, but this often can be reduced if an insurance certificate meeting all requirements is submitted with the application.

An annual portrait photography permit is available for $150 plus a $500 surety deposit; the permit can also be used for most other still photography. Insurance coverage must remain in effect for the entire year for the permit to remain valid. A photographer with an annual permit must make arrangements with the supervising ranger for the park, or other designated personnel, 48 hours in advance of the planned activity; if the activity would minimally disruptive, the 48-hour requirement can often be waived, but the supervising ranger must still be notified.

Information about County parks, including contact information, is available on the Orange County Harbors, Beaches, and Parks web site. Permit applications and sample insurance documents are available on the OC Parks Filming & Photography Permits page.

For additional information, contact OC Parks at 949-585-6427 or one of the other numbers listed on the Filming & Photography Permits page.

Last updated November 2010

Still Photography and Permits On US and California Public Land