3 CSR 10-11.111: Commercial Use

Purpose

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

Summary:

This rule establishes the requirements and conditions for allowing commercial use on department areas. It also establishes a Commercial Photography Permit and a Commercial Videography Permit.

Title 3 – Department of Conservation
Division 10 – Conservation Commission

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 as 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.

 

(2) Permits for commercial use of department areas may be obtained only upon satisfaction of all requirements imposed by this Code, including payment of fees when required. Permits for commercial use of department areas are non-transferable and no permit may be loaned, falsified, altered, or misrepresented in any manner.

 

(3) Annual commercial use permits are valid from July 1 through June 30 of the prescribed permit year. All other permits for commercial use of department areas are valid only for the dates listed on the permit. The acceptance of a permit authorizing commercial use of department areas shall constitute an acknowledgement of the duty to comply with the provisions of this Code. Failure to comply with the conditions of any permit authorizing commercial use of department areas shall be sufficient cause for the department to revoke the current permit and deny applications for future permits. The commission may suspend, revoke, or deny a permit or privilege for cause, but not until an opportunity has been afforded for a hearing before the commission or its authorized representative. The hearings under this section shall be a contested case pursuant to Chapter 536, RSMo, and any person aggrieved by a final decision shall be entitled to judicial review as provided in Chapter 536, RSMo.

 

(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

      (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 September 4, 2020.

 

PUBLIC COST: It is anticipated this proposed rule will cost the Department of Conservation approximately one thousand dollars ($1,000) in staff time and financial resources annually. The costs are averaged to account for creating and then operating the system for approving, issuing, and tracking permits. It is anticipated it will not cost other state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.

 

PRIVATE COST: This proposed rule will cost private entities more than five hundred dollars ($500) in the aggregate. Based on past use when no permit was required for the annual limited use commercial photography permit the Department of Conservation anticipates no more than fifty (50) permits will be issued for a maximum of five thousand dollars ($5,000). Based on past requests for commercial photography/videography the Department anticipates fewer than ten (10) permits will be issued on an annual basis and average two (2) days each for a maximum of ten thousand dollars ($10,000). However, because the change will require a permit for simple commercial photography where no permit has been required and the change will provide additional opportunity for larger scale commercial photography/videography it is unknown how many permits will be issued.

 

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed rule 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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FISCAL NOTE

PUBLIC COST

 

I.          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 Rule

 

 

II.         SUMMARY OF FISCAL IMPACT

Affected Agency or Political Subdivision

Estimated Cost of Compliance in the Aggregate

Department of Conservation

$1,000 – approximate annual cost

 

III.        WORKSHEET

50 simple permits x 15 minutes each = 12.5 hours annually x $18/hour = $225 for simple permit

 

10 long permits x 90 minutes each (includes Management Biologist/Forester review and approval) = 15 hours annually x $22/hour = $330 for long permit

 

$555 annually in staff time plus additional costs ($445) for creating and tracking long term = $1,000 annually

 

IV.ASSUMPTIONS

It is assumed permit issuance will commence at the estimated numbers listed and stay consistent over time. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FISCAL NOTE

PRIVATE COST

 

I.          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 Rule

 

 

II.         SUMMARY OF FISCAL IMPACT

Affected Agency or Political Subdivision

Estimated Cost of Compliance in the Aggregate

Individuals utilizing the new permit.

$15,000- approximate annual cost

 

III.        WORKSHEET

50 simple permits x $100 = $5,000/annually

 

10 long permits (two day permits) x ($500 x 2 days) = $10,000/annually

 

Staff reviewed other agencies within and outside the state to determine a price structure proposal. Within the state a similar pricing was found with Missouri Department of Natural Resources. This agency has a beginning price of $500/day for videography and depending on the amount of staff time or the complicated nature of the request the price can increase. Another example within the state occurs with St Louis County parks. They charge $100/hour with a minimum of three hours for each videography permit.

Agencies reviewed outside the state of Missouri have a sliding scale and is dependent on the number of people involved and ranges from $25/day for an individual up to $1000/day for a large crew operation.

The Federal land management agencies abide by a standard pricing structure as follows:

Commercial Filming/Videos

•           1–2 people, camera & tripod only - $0/day

•           1–10 people - $150/day

•           11–30 people - $250/day

•           31–49 people - $500/day

•           Over 50 people - $750/day

Still Photography

•           1–10 people - $50/day

•           11–30 people - $150/day

•           Over 30 people - $250/day  

 

IV.        ASSUMPTIONS

It is assumed permit issuance will commence at the estimated numbers listed and stay consistent over time. 

Official public comment period: October 16, 2020 to November 14, 2020