3 CSR 10-11.111: Commercial Use


This rule establishes requirements and conditions for commercial use of department areas.


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.

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

(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.]

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* Original rule filed Sept. 4, 2020, effective July 1, 2021. Amended: Filed December 21, 2022, effective July 1, 2023.

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.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.



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



Affected Agency or Political Subdivision

Estimated Cost of Compliance in the Aggregate

Department of Conservation

$15,800 – approximate annual loss of revenue


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


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. 

Official public comment period: February 2, 2023 to March 3, 2023