Do you need a permit for family photos at the National Mall?

What the law says now

The EXPLORE Act was signed on 4 January 2025 as Public Law 118-234 and is codified at 54 U.S.C. 100905. Section 125 changed how the National Park Service handles filming and still photography.

Under the agency's own summary of the law, permits and fees are in most cases not required for filming or still photography involving eight people or fewer, provided all of the following are true:

• it takes place in areas open to the public;
• only hand-carried equipment is used;
• it does not require exclusive use of a site;
• it does not adversely affect park resources, park values, or other visitors; and
• it is not likely to create additional administrative costs for the National Park Service.

The law also removed the old distinction between commercial and non-commercial work. Filming by a professional, a content creator, a student or a news organization is now treated the same way.

Source: National Park Service — Filming, Still Photography, and Audio Recording (page last updated 17 March 2025).

What the National Mall page says

The National Park Service page covering National Mall and Memorial Parks tells a different story. As last updated on 3 June 2026, it states that the National Mall and the other National Park Service sites in the Washington area require a permit for all photography that is not ordinary visitor use, and it still lists the fee structure: a non-refundable application processing cost of $90, plus a location fee of $50 per day for still photography with a group of one to ten people.

The same page notes that applications go to the Division of Permits Management, are not accepted by email, and must be submitted in person, by mail or by fax at least four days before the session and no more than a year in advance.

Source: National Mall and Memorial Parks — Filming and Photography Permits (page last updated 3 June 2026).

Why both are on the same website

The 2025 law changed the statute, but the National Park Service has not yet issued final regulations implementing it, and individual parks have not all updated their guidance to match. The Washington-area parks are among those that have not.

Until that is resolved, the two pages coexist and say different things. Anyone who tells you the answer is simple in either direction is not reading both.

Which parks this office covers

One office issues these permits for the whole region. Alongside the National Mall and Memorial Parks, it covers the Chesapeake and Ohio Canal from the District to the Great Falls district, the George Washington Memorial Parkway, National Capital Parks-East, Presidents Park, Rock Creek Park, Manassas National Battlefield Park, Prince William Forest Park and Wolf Trap.

The practical consequence for a family session: the Tidal Basin, the Mall and the monuments are covered, and so is the canal towpath in Georgetown.

Where photography is not allowed at all

Separately from permits, specific areas are closed to photography under 36 CFR 7.96 and the park's Superintendent's Compendium. They include the area above the white marble steps of the Lincoln Memorial, the space within the outer columns of the Jefferson Memorial, the Stone of Hope at the Martin Luther King Jr. Memorial, the circle of flags at the Washington Monument, the apex of the Vietnam Veterans Memorial, the area in front of the field of gold stars at the World War II Memorial, and the Franklin Delano Roosevelt Memorial without copyright approval.

A permit does not open these areas. Tripods are also not allowed in them, although a visitor photographing their own visit does not need a permit to use a tripod elsewhere in the park.

Places where this doesn't come up

Not every recognizable Washington backdrop is federal land.

• Georgetown's streets and sidewalks are District of Columbia land. The District issues a single public-space permit for media production, and it applies to commercial productions rather than to a family walking down a street. The canal towpath, by contrast, is national park land.
• Capitol Hill's residential blocks are ordinary District streets. The Capitol grounds themselves, along with the surrounding streets and sidewalks immediately around them, are controlled by the United States Capitol Police — a separate jurisdiction with its own rules.
• Old Town Alexandria is City of Alexandria land, and filming on city property is coordinated through the city's film office. A handful of individual historic sites set their own rules: Carlyle House, for example, requires a portrait photography permit of $25 for two hours or $200 for a year.
• County and regional parks across Maryland and Northern Virginia vary. Several require an annual photography permit, and a few also require a reservation.

What this means for your session

For a one-hour family session with a photographer and a handful of family members, we handle the permit question before the date is confirmed, and we plan locations so it is never a surprise on the morning of the shoot.

If you have your heart set on the Tidal Basin or the monuments, we raise it early, because the permit office asks for the exact location and at least four days' notice. If you would rather not deal with it at all, Georgetown's streets, Capitol Hill and Old Town give you the same feeling of the city with none of the paperwork.

Each spot is described in the guide to family photo locations in DC, outfits are covered in what to wear for family photos, and current dates are on family sessions in the city.

Frequently asked questions