Easier Permits for Forest Film Shoots? Explore Act Delivers
Published Date: 3/19/2026
Rule
Summary
Starting March 19, 2026, the Forest Service is updating its rules for filming and photography on National Forest lands to match the new EXPLORE Act. These changes mainly fix wording and add legal references, so folks applying for permits will see clearer rules but no new fees or big changes. If you film or take photos in the forest, this update makes the process smoother and more official.
Analyzed Economic Effects
6 provisions identified: 3 benefits, 2 costs, 1 mixed.
Three-Tier Permit Rules for Filming
Starting March 19, 2026, filming and still-photography on National Forest System lands follow three tiers: activities by not more than five individuals that meet the listed requirements need no authorization or fee; activities by 6–8 individuals may require a de minimis use authorization for which no fee may be charged; activities involving more than eight individuals or that fail to meet the listed requirements may require a special use permit and a reasonable fee.
E-Permitting and Automated Approvals
The Forest Service must let the public apply for and obtain de minimis use authorizations (for 6–8 individuals) through a public website and in person at local field offices, including automated approval of qualifying web applications and immediate issuance of qualifying in-person applications.
Activity Conduct Rules You Must Meet
To qualify for permit-free or de minimis treatment, filming or still photography must meet eight requirements including: not impeding other visitors, occurring where the public is allowed, not requiring exclusive site use, avoiding very high visitation areas, using only equipment carried by participants (tripods and handheld lighting allowed), complying with visitor rules, not likely to cause additional Forest Service administrative costs, and complying with Federal, State, and local laws (including unmanned aerial equipment laws).
When Filming Can Be Denied to Protect Resources
The authorized officer must not authorize filming or still photography if it is likely to cause resource damage, create an unreasonable disruption of public use and enjoyment, or pose a health or safety risk to the public.
Scope Clarified: 'Content Creation' Treated Same
The rule adds definitions treating any video, still photograph, or audio recording for commercial or noncommercial 'content creation' as a filming or still photography activity regardless of distribution platform, and replaces separate definitions for 'commercial filming' and 'still photography' with a combined definition (excluding broadcasting breaking news).
No Significant Economic Impact on Small Entities
The Department determined under the Regulatory Flexibility Act that this final rule will not have any direct effect on small entities, will not impose recordkeeping requirements on them, and will not have a significant economic impact on a substantial number of small entities.
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Key Dates
Department and Agencies
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