This amendment removes section (4) from the Commercial Use rule. Photography and videography will now be covered in a new rule, 3 CSR 10-11.112 that includes commercial and non-commercial photography and videography. Changes to this rule also allow exemptions to the requirement of a permit for certain commercial uses.
Acknowledgements
Title 3 – Department of Conservation
Division 10 – Conservation Commission
Chapter 11—Wildlife Code: Special Regulations for Department Areas
3 CSR 10-11.111 Commercial Use
Proposed Amendment
(1) Certain commercial uses are permitted on department areas and require a commercial use permit or a special use permit, except as otherwise provided in this chapter. Commercial use is defined as any activity that directly or indirectly results in financial benefit or gain, or where money is exchanged in connection with the activity.
[(4) Photography/Videography. A commercial use permit is required for any person or entity engaged in commercial photography or videography, such as professional photography, commercials, advertising, promotionals, television, or documentaries. No commercial use permit is required for news agencies. A permit may be denied if the use is determined to be incompatible with the department’s mission, in conflict with other uses, or potentially harmful to persons or property. Permit fees may be waived for conservation-related organizations where the project will promote or benefit conservation interests. A separate approval is required when using an unmanned aerial system (UAS) or drone for photography or videography. Liability insurance may be required for any commercial photography or videography permit.
(A) A Commercial Photography Permit is required for commercial photographers taking photographs on department areas. Fee: one-hundred dollars ($100) annually.
1. Photographers using the Commercial Photography Permit must also possess an approved special use permit for photography involving special accommodations, use of an unmanned aerial system (UAS) or drone, use of props, when more than ten (10) people are involved, or on department lands associated with nature and education centers, staffed ranges, offices, and on the following department areas:
A. Burr Oak Woods Conservation Area;
B. Busch (August A.) Memorial Conservation Area;
C. Reed (James A.) Memorial Wildlife Area; and
D. Rockwoods Reservation.
(B) A Commercial Videography Permit is required for all commercial videography on department areas. Fee: five-hundred dollars ($500) per day.]
PUBLIC COST: This proposed amendment will cost state agencies or political subdivisions approximately fifteen thousand eight hundred dollars ($15,800) in lost revenue annually. There will be a corresponding reduction in staff time and expenses to issue permits since commercial photography permits and commercial videography permits will no longer be issued.
PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.
FISCAL NOTE
PUBLIC COST
Department Title: Department of Conservation
Division Title: Division 10 – Conservation Commission
Chapter Title: Chapter 11—Wildlife Code: Special Regulations for Department Areas
|
Rule Number and Name: |
3 CSR 10-11.111 Commercial Use |
|
Type of Rulemaking: |
Proposed Amendment
|
- SUMMARY OF FISCAL IMPACT
|
Affected Agency or Political Subdivision |
Estimated Cost of Compliance in the Aggregate |
|
Department of Conservation |
$15,800 – approximate annual loss of revenue |
- WORKSHEET
158 commercial photography permits annually x $100 per permit fee = $15,800 in lost annual revenue
15 videography permits x $0 per permit fee (fees were waived if promoting conservation areas or conservation related activities) = $0 in lost annual revenue
- ASSUMPTIONS
It is assumed that the number of permits issued annually would remain the same as in FY21. It is also assumed that fees would continue to be waived for commercial videography permits if they promoted conservation areas or conservation related activities.