Short-Term Rental (STR) Frequently Asked Questions
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An STR is a home, a “casita” (also known as an accessory dwelling unit - ADU), or a portion of a home that is rented for periods of less than thirty (30) consecutive days. The licensing rules are different if the property owner lives on the property (“Owner-Occupied”) compared to a home that is not a primary residence (“Non-Owner-Occupied”).
If a structure was legally permitted as a residence and includes facilities for cooking, sleeping, or sanitation, then it can be an STR. These requirements also apply to casitas (or accessory dwelling units – ADUs), mobile homes, tiny houses, and buildings with multiple units.
No, however some of the County’s zoning districts allow these temporary living quarters under the “Camps, Camping, and Related Establishments” category.
If allowed in your district, the County’s approval process requires a permit application and sometimes a conditional use application.
Yes, a single room within a residence as described above can be rented as an STR, so long as there is access to cooking facilities and a bathroom.
Yes, but there is a limit of two (2) per owner and each residence requires a separate registration, even if the homes are located on the same property.
STRs are allowed within the County in all zoning districts where residential uses are permitted.
Yes, there are limits to the number of Non-Owner Occupied STRs in certain areas that are Census Designated Places (CDP). Depending on which area, either 3% of the total number of homes or 7% are allowed to be licensed as STRs.
For a map of these areas and to see if these limits apply to your property, click here. Our staff will assist you to see if there’s still capacity in your area to allow for your STR. If not, you will be placed on a waiting list.
Owner-occupied STRs are not subject to these limits.
Owner-occupied STRs are not subject to these limits.
Yes, the occupancy limit for an STR is two (2) people per approved bedroom, up to a total of ten (10) adults.
Children under the age of five (5) are not subject to this limit.
The application for an owner-occupied STR can be found here:
Owner-Occupied STR Application
The application for a non-owner-occupied STR can be found here:
Non-Owner-Occupied STR Application
Contact us at str@santafecountynm.gov to set up a pre-application appointment, which is required before an application can be submitted.
Owner-Occupied STR Application
The application for a non-owner-occupied STR can be found here:
Non-Owner-Occupied STR Application
Contact us at str@santafecountynm.gov to set up a pre-application appointment, which is required before an application can be submitted.
In the meantime, checklists for owner-occupied can be found here:
Owner-Occupied STR Checklist
Please review the appropriate checklist so you know what types of documents you will need to bring to the meeting.
Owner-Occupied STR Checklist
Please review the appropriate checklist so you know what types of documents you will need to bring to the meeting.
No, you do not need to hire anyone. We will accept hand-drawn visual representations and notations.
Go to the Santa Fe County Assessor’s website and search for your address under “Parcel Property Map Search,” or print a satellite view from Google Maps or Apple Maps. Once you find an aerial image of your entire parcel, label all existing structures and identify which one is the STR. Indicate the location of parking spaces, driveways, and trash receptacles.
Please note: parking spaces for the STR cannot include double/stacked parking or undesignated parking in vacant areas or along roads/driveways.
For the floor plan, use the Assessor’s parcel map and click on “See Sketch and Property Description Information” in the window on the left side of the map. You will use this floor plan to draw in and label interior rooms and entrances/exits to the STR. Use the dimensions provided in the sketch to estimate the square footage of the space you are proposing to use as an STR.Please note: parking spaces for the STR cannot include double/stacked parking or undesignated parking in vacant areas or along roads/driveways.
Provide any ONE of the following items with the property address printed on the document:
- Utility bill
- Voter registration
- Motor vehicle registration
- NM driver’s license or other state-issued identification
- IRS W2 Form
- Bank statement
The County’s code requires that:
- You are the legal owner of the property or an agent acting on behalf of the legal owner,
- You are current on your property taxes, and
- Your property is a legal lot of record (LLR).
Call the Santa Fe County Clerk’s Office at 505-986-6280 and press 2 to request both your deed (to prove ownership) and your survey plat (to show your lot was legally created). Documents can be picked up in person at 240 Grant Ave and are $1 per printed page.
Please note: a public notice plat and/or an Improvement Location Report (ILR) do not prove a legal lot of record.
To request a tax certificate (proof your taxes are current), call or email the Santa Fe County Treasurer’s Office at treasurer@santafecountynm.gov or 505-986-6245. You can pick up your certificate or have it emailed to you.Please note: a public notice plat and/or an Improvement Location Report (ILR) do not prove a legal lot of record.
The main issue is verifying that all of the structures on the property are legally permitted. If you or a previous property owner converted a garage, studio, or other structure into a residence without a permit, it is not considered a legal dwelling.
To have your address verified, please request an assigned 911 address form:
Assigned 911 Address Form
Structures built before 1981 are considered “pre-code” or “legal nonconforming.” Both situations require resolution before an STR license will be granted. Call 505-995-2700 to begin the process of “after the fact” permitting or getting approval for a variance to land use code requirements.
Additionally, residences used as STRs must have a verified address to assist dispatch services in the event of an emergency. If you have more than one residence on your property, you may need more than one address.To have your address verified, please request an assigned 911 address form:
Assigned 911 Address Form
Business Licenses for Non-Owner Occupied STRs are valid for one year after the date of issuance. Each year, the STR renewal application must be submitted on this date. The initial fee for a non-owner occupied STR registration is $375 and the annual renewal fee is $300.00.
Business Registrations for Owner-Occupied STRs are valid for one calendar year (January through December) and are automatically renewed for $35, due January 1 each calendar year.
You must pay taxes on your rental income:
For questions, email lodgers@santafecountynm.gov.
- Gross Receipts Taxes (GRT) payable to the State of New Mexico
- Lodgers’ Tax payable to the County of Santa Fe
To apply for a Combined Reporting System (CRS) ID Number or for more information, visit the New Mexico Taxation and Revenue Department website:
New Mexico Taxation and Revenue Department
Or call 505-827-0700.
Lodgers’ Tax is paid directly to the County before or on the 25th of each month. If you are renting your STR through a third-party rental platform (Airbnb or VRBO, for example), they will report and submit payment on your behalf.New Mexico Taxation and Revenue Department
Or call 505-827-0700.
For questions, email lodgers@santafecountynm.gov.
Yes. You must notify your neighbors and any Homeowners’ Associations (if applicable) that you are planning to rent your property as an STR.
The letter must provide a 24-hour contact person who is responsible for liaising with renters in the event of a disturbance (noise complaint, etc.). This should be the same contact as the one on your STR application.
Finally, you must post a Business Notice to Renters in a visible place within the STR. This will be provided when your application is approved.