Short-Term Rental (STR) Licensing & Registration — Frequently Asked Questions
Tip: Click a question to expand the answer. This page is based on the County STR FAQ PDF.
1. What is the Ordinance that governs Short-Term Rental (STR) regulations?
The Santa Fe County Board of County Commissioners adopted Ordinance 2022-07 (Short-Term Rental Regulation, Registration, and Licensing Ordinance) on October 25, 2022, and it went into effect on November 24, 2022. :contentReference[oaicite:1]{index=1}
2. What is the purpose of the STR Ordinance?
To establish regulations, registration/licensing standards and procedures for STRs to support safety and welfare of renters, protect surrounding communities and neighborhoods, protect water resources and the environment, and promote the health and general welfare of the County. :contentReference[oaicite:2]{index=2}
3. Am I required to make an appointment to submit my STR application?
Appointments are not required, but applicants are encouraged to make an appointment with the Growth Management Department so staff can assist and help ensure all required documentation is included.
Email option: You may submit your application and documentation by email to CORTIZ@santafecountynm.gov. Create separate documents for each item and label PDF attachments with your last name and document name. Call 505-995-2700 to inform staff of your submission. :contentReference[oaicite:3]{index=3}
4. What if I cannot get an appointment soon?
Schedule your appointment as soon as possible by calling 505-995-2700. Review the required documents list for Owner-Occupied or Non-Owner Occupied applications and come prepared with all documentation.
If you need help or have questions, contact the Constituent Services Liaison in your County Commissioner’s Office. If you don’t know your Commissioner, use the Interactive Commission District Map and enter your address.
If you know you have a structure with no permit, contact Growth Management and start the permitting process as soon as possible. :contentReference[oaicite:4]{index=4}5. What is the definition of a Short-Term Rental (STR)?
“Short-term rental” means a dwelling (or portion of a dwelling) rented for periods of less than thirty (30) consecutive days.
Owner-Occupied STR: A dwelling that is the owner’s primary residence, or an ADU on the same legal lot of record as the owner’s primary residence. Owner-Occupied applicants apply for a business registration.
Non-Owner Occupied STR: A dwelling that is not owner-occupied. Non-Owner Occupied applicants apply for a business license.
:contentReference[oaicite:5]{index=5}Non-Owner Occupied STR: A dwelling that is not owner-occupied. Non-Owner Occupied applicants apply for a business license.
6. What is the definition of a Dwelling?
Santa Fe County’s SLDC defines a dwelling/dwelling unit as a structure (or portion) designed/occupied/intended as living quarters for a family, including facilities for cooking, sleeping, and sanitation; excluding recreational vehicles, travel trailers, hotels, motels, and boardinghouses. Dwellings include single-family, two-family, multi-family, manufactured homes, mobile homes, and tiny houses. :contentReference[oaicite:6]{index=6}
7. Are other types of structures allowed as STRs (RVs, yurts, campers, tents, tepees, mobile tiny homes, etc.)?
No. STR registrations/licenses are issued only to structures defined as a dwelling under the SLDC, and STRs are only allowed on a legal lot of record and within a dwelling legally recognized under the SLDC. :contentReference[oaicite:7]{index=7}
Some non-dwelling options may be permitted under “Camps, camping, and related establishments” depending on zoning (permit/conditional use/prohibited). :contentReference[oaicite:8]{index=8}
8. Can I license or register a single room within my residence as an STR?
Yes. A single room within a dwelling legally recognized under the SLDC is regulated as an STR. :contentReference[oaicite:9]{index=9}
9. Can I apply for multiple STR registrations/licenses?
Non-Owner Occupied STRs require a separate business license for each dwelling used as a Non-Owner Occupied STR, so owners can apply for multiple Non-Owner Occupied licenses. Owners may only apply for one Owner-Occupied STR registration. :contentReference[oaicite:10]{index=10}
10. How long is an STR registration/license valid for?
Non-Owner Occupied (Business License): Valid for one year after issuance unless earlier revoked. To continue operations, reapply prior to expiration. Annual fee for a business license is $375; renewal fee is $300. :contentReference[oaicite:11]{index=11}
Owner-Occupied (Business Registration): Valid for one calendar year (January–December). Renew annually by paying the $35 business registration fee through the County Treasurer’s Office prior to January 1. Once the initial permit is issued, annual permit re-application is not required—only annual renewal payment is required. :contentReference[oaicite:12]{index=12}
11. Where are Short-Term Rentals allowed?
STRs are allowed in all zoning districts where residential uses are permitted. :contentReference[oaicite:13]{index=13}
12. Is there a limit to the number of STR registrations/licenses the County allows each year?
Yes. Under an amending ordinance, Non-Owner Occupied STRs are limited by Census Designated Place (CDP):
- 3% cap in specific CDPs (including Agua Fria, Arroyo Hondo, El Dorado at Santa Fe, La Cienega, Madrid, Santa Fe Foothills, and others listed in the ordinance).
- 7% cap in specific CDPs (including Chimayo, Cuyamungue, El Rancho, Hyde Park, Nambe, Pojoaque, Tesuque, Valencia, and others listed in the ordinance).
Note: The full CDP lists are lengthy; you can paste them into a separate “Limits by CDP” section if you want a dedicated layout.
13. Is there a limit to the number of STR registrations/licenses issued per neighborhood or area?
Yes. The amending ordinance establishes Non-Owner Occupied STR limits by CDP (3% cap in certain CDPs and 7% cap in others). :contentReference[oaicite:15]{index=15}
14. What is the occupancy limit for a STR?
The occupancy limit is two (2) people per approved bedroom, up to a maximum of ten (10) people. Existing licenses/registrations exceeding the 10-person maximum may continue while the STR remains in the ownership of the owner identified in the initial STR application. Any change of ownership must meet the maximum occupancy limit. :contentReference[oaicite:16]{index=16}
15. What is required for a Site Plan?
A site plan must show your entire property with all existing structures, parking spaces, driveway, and solid waste storage/trash receptacles. You may print a satellite view (Google/Apple maps) or use the Assessor’s aerial view, then add handwritten annotations—no professional plan required. :contentReference[oaicite:17]{index=17}
Parking spaces must be clearly designated/outlined and cannot include double/stacked parking, vacant areas, or undesignated roadside/driveway parking. Solid waste storage/trash receptacles must also be designated and outlined. :contentReference[oaicite:18]{index=18}
The PDF includes an example annotated site plan (page 5).
16. What is required for a Floor Plan highlighting STR area?
Provide a floor plan showing the internal layout of rooms and entrances/exits for the STR dwelling. This can be obtained from the Santa Fe County Assessor’s website using Parcel Map Property Search and the “See Sketch and Property Description Information” link. Label rooms and note square footage (handwritten is fine); no professional floor plan is required. :contentReference[oaicite:19]{index=19}
The PDF includes example images (page 5–6).
17. What is required for Proof of Primary Residence?
Required for Owner-Occupied STR business registrations only. Provide any ONE of the following with the property address printed:
- Utility bill
- Voter registration
- Motor vehicle registration
- Driver’s license or other state-issued identification
- IRS W2 form
- Bank statement
18. How do I get a Deed?
Call the Santa Fe County Clerk’s Office at 505-986-6280, press 2 to request your deed. Documents can be picked up in person at 100 Catron Street and cost $1 per printed page. :contentReference[oaicite:21]{index=21}
19. What is a Survey Plat?
A survey plat shows your Legal Lot of Record. :contentReference[oaicite:22]{index=22}
20. What is a Legal Lot of Record?
A Legal Lot of Record is a lot legally created prior to January 1, 1981, or part of a subdivision/land division approved after January 1, 1981. Prior to 1981, land could be divided through a deed; after 1981, it required an application and approval by Santa Fe County. :contentReference[oaicite:23]{index=23}
A public notice plat is not recognized as proof of legal lot. A plat must have a signature by the Land Use Administrator or the BCC. An Improvement Location Report (ILR) is not acceptable as legal lot proof. :contentReference[oaicite:24]{index=24}
If you do not have a County approved plat, you may need the owner’s deed (if recorded prior to 1981) or research chain of title. Growth Management staff can assist; schedule time before your STR application review appointment. To obtain copies, call the Clerk’s Office (505-986-6280, press 2). :contentReference[oaicite:25]{index=25}21. Where do I obtain Proof of Property Taxes?
Call or email the Santa Fe County Treasurer’s Office to request a tax certificate: treasurer@santafecountynm.gov or 505-986-6245. You can pick up your certificate or have it emailed to you. :contentReference[oaicite:26]{index=26}
22. What is a Fire Self-Certification Form?
Inspect your property for fire prevention and safety following the instructions, complete the self-certification form, initial and sign where indicated, print, and bring it to your application review appointment. It does not require Fire Department approval. :contentReference[oaicite:27]{index=27}
23. What is a State CRS Number?
A CRS (Combined Reporting System) ID Number is the State Tax ID number issued when you register with the New Mexico Taxation and Revenue Department to report/pay tax on gross receipts. To apply or learn more, visit the NM Taxation and Revenue Department website or call 505-827-0700. :contentReference[oaicite:28]{index=28}
24. How do I obtain a current water meter reading?
Required for Non-Owner Occupied STR applications only. If your property has a water restriction and you are applying for a Non-Owner Occupied STR license, you must provide your water meter reading. If a meter was required but not installed, install one and provide the starting reading. If you’re unsure how to read it, bring a photo to your appointment or include it in your email. :contentReference[oaicite:29]{index=29}
25. How do I obtain an Assigned 911 Address Form?
Email mjurgens@santafecountynm.gov with your full name, phone number, and complete address (or property tax account number). Indicate whether you want to pick it up at 100 Catron St., have it emailed, or sent by mail. If there’s a discrepancy, staff will work with you and Building & Development Services to resolve it. :contentReference[oaicite:30]{index=30}
If you have more than one dwelling on your property, you may need more than one address. These addresses help 911 dispatch pinpoint locations in an emergency. :contentReference[oaicite:31]{index=31}
26. What is the process to notify my neighbors?
Applicants (Owner-Occupied and Non-Owner Occupied) must send letters to adjacent property owners and their HOA (if applicable) informing them of the STR. The required notice letter will be completed and adjacent addresses provided at your STR application review appointment. An affidavit of mailing is required. :contentReference[oaicite:32]{index=32}
For a small fee, staff can provide envelopes, postage, and copies of the letter/enclosures so you can mail letters and complete the affidavit upon application approval. :contentReference[oaicite:33]{index=33}
The contact listed on the required notice letter is the 24-hour contact for the rental and should match the name on the STR application form. :contentReference[oaicite:34]{index=34}
If you email your application or opt not to send letters during your appointment, you must mail the notice letter within 15 days of approval. You must provide an affidavit of mailing plus a picture of addressed and stamped letters prior to mailing. You can email verification to Development Review Specialist Christina Ortiz at cortiz@santafecountynm.gov. :contentReference[oaicite:35]{index=35}
If you email your application or opt not to send letters during your appointment, you must mail the notice letter within 15 days of approval. You must provide an affidavit of mailing plus a picture of addressed and stamped letters prior to mailing. You can email verification to Development Review Specialist Christina Ortiz at cortiz@santafecountynm.gov. :contentReference[oaicite:35]{index=35}
27. What is a Business Notice to Renters?
The Business Notice to Renters documents your registration/license and is provided when your application is accepted. It must be posted inside the STR at all times and be visible to renters. :contentReference[oaicite:36]{index=36}
28. What does Legal Permitting mean?
All structures being permitted for STR must comply with the SLDC. Converting a garage/studio/other structure without proper permits is not considered a legal dwelling. Dwellings built before 1981 may be “pre-code” or “legal non-conforming,” which can require additional research. If you have unpermitted construction, you may need an “after the fact” permit and the process may take longer—start by calling 505-995-2700. :contentReference[oaicite:37]{index=37}
29. How can I license or register an STR if I have an unpermitted accessory dwelling?
Accessory dwelling units can be permitted under 10.4 of the SLDC (one accessory dwelling per legal lot of record). Accessory dwellings are not permitted in major subdivisions unless specifically approved by the BCC allowing accessory dwellings. :contentReference[oaicite:38]{index=38}
Accessory dwellings must comply with standards including setbacks, size limits (not exceed 50% of heated floor area of principal residence up to 1400 sq. ft.), architectural style, single story, access via same driveway, and shared utilities (including septic system). :contentReference[oaicite:39]{index=39}
30. What if my accessory dwelling is unpermitted and I cannot meet the SLDC standards?
You will need a variance. :contentReference[oaicite:40]{index=40}
31. What if I need a Variance?
The SLDC allows the Planning Commission (or BCC on appeal) to grant a variance when consistent with review criteria. A variance cannot authorize a use that is otherwise prohibited in the zoning district. :contentReference[oaicite:41]{index=41}
Review criteria include:
Staff can provide a checklist for variance submittals. Variances require public hearings (Land Use Administrator cannot approve). The process takes time—submit as early as possible. :contentReference[oaicite:43]{index=43}- Not contrary to the public interest
- Extraordinary/exceptional property conditions where strict application results in exceptional practical difficulties or undue hardship
- Spirit of the SLDC is observed and substantial justice is done
32. Will I be cited for not having a registration or license if I need to permit a structure or request a variance?
You will not be cited if you are actively in the application process. :contentReference[oaicite:44]{index=44}
