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Board of County Commissioners Adopts Short-Term Rental Ordinance

Board of County Commissioners Adopts Short-Term Rental Ordinance

SANTA FE – On October 25, 2022, the Santa Fe County (County) Board of County Commissioners (Board) adopted Ordinance 2022-7 to license and regulate Short-Term Rentals in the County.  The requirement that Short-Term Rentals be registered or licensed does not go into effect until March 15, 2023, so owners of Short-Term Rentals have ample time to register or license their Short-Term Rentals.  

Important dates concerning the recently passed ordinance are as follows:

  • November 25, 2022: 
    • Ordinance No. 2022-07 goes into effect.   
    • Checklists and applications will be available on the County's Growth Management Department/ Building and Development Services webpage.
    • Land Use Administrator will begin accepting applications.
  • November 26, 2022: 
    • Deadline under the temporary moratorium for property owner to own property for which a Non-Owner Occupied Short-Term Rental is sought.
    • March 15, 2023:  Deadline for existing Short-Term Rentals to be licensed or registered.   

Ordinance No. 2022-07 precludes property acquired after the effective date of the ordinance from being processed or licensed as a Non-Owner Occupied Short-Term Rental during the one-year moratorium enacted by that ordinance. In other words, property owned on or before November 25, 2022, may be licensed as a Non-Owner Occupied Short-Term Rental even if it is not developed as such until after that date.  This temporary moratorium is necessary to allow time for the Board to study and analyze issues related to Non-Owner Occupied Short-Term Rentals, including, but not limited to the impact they may have on affordable housing supply, areas where they conflict with primary residential uses established in traditional and historic communities, and non-compliance and enforcement issues, and develop any appropriate regulations. Owner-Occupied Short-Term Rentals may be registered regardless of when the property was acquired. 

Commissioner Anna Hansen (D-2) said she was "very happy" to have passed an ordinance that was responsive to public input, does not prevent existing owners from registering or licensing their Short-Term Rentals, and protected long-term housing stock while additional regulations are considered.  

For more information, please contact the County’s Growth Management Office at 505-986-6225.