Comparent
RestrictedCity

Short-Term Rental Regulations
in Santa Fe, NM

Last verified: March 2026 · Report an update

Zoning & Conditions

Residential STRs are capped at 1,000 permits city-wide and limited to one permit per natural person. Units must be at least 50 feet apart in residential zones, and multi-unit dwellings (4+ units) are limited to 25% STR occupancy. Operators must respond to complaints within one hour, and rentals are limited to once per 7-day period (except mid-November to mid-January).

How to Obtain a Permit

1. Submit an online application via the City's Citizen Self-Service portal. 2. Pay a $100 non-refundable application fee plus an annual $325 permit/license fee. 3. Pass required building, fire, safety, and water conservation inspections to receive a certificate of occupancy. Renewals must be completed annually between January 1 and April 15.

Regulatory Updates — Santa Fe

Proposed and recent legislation

PassedAugust 2023

Primary Residence Requirement in Residential Zones

Santa Fe requires STR operators in residential zoning districts to use the property as their primary residence. Non-owner-occupied STRs in residential zones require a special use permit, which are capped and difficult to obtain. Historic commercial and mixed-use zones have more permissive rules.

PassedJune 2024

License Enforcement Campaign

Santa Fe's code compliance division conducted enforcement campaigns identifying unlicensed vacation rental properties through listing platform monitoring. Non-compliant operators received notices requiring licensing or cessation of operations.

Under ReviewSeptember 2025

City Reviews Stricter Non-Hosted Rental Caps

Santa Fe City Council is reviewing proposals to further restrict non-hosted short-term rentals in residential neighborhoods, potentially lowering existing caps or extending the primary residence requirement to additional zones.

Official Resources

Official Santa Fe STR regulation source

Local Resources & Advocacy

Santa Fe Chamber of CommerceLocal

Tracks local business and tourism regulations affecting Santa Fe's vacation rental industry. Provides compliance resources for operators navigating the city's primary residence requirements.

New Mexico Association of REALTORS®Statewide

Statewide association monitoring property regulations including STR-related zoning and licensing changes in Santa Fe and other New Mexico tourism markets.

Vacation Rental Management Association (VRMA)National

National trade association providing regulatory monitoring and compliance guidance for vacation rental managers in Southwest arts and culture destination markets.

Frequently Asked Questions

Are short-term rentals allowed in Santa Fe, NM?
Residential STRs are capped at 1,000 permits city-wide and limited to one permit per natural person. Units must be at least 50 feet apart in residential zones, and multi-unit dwellings (4+ units) are limited to 25% STR occupancy. Operators must respond to complaints within one hour, and rentals are limited to once per 7-day period (except mid-November to mid-January).
Is a permit required to operate a short-term rental in Santa Fe?
Yes, a permit is required to operate a short-term rental in Santa Fe. 1. Submit an online application via the City's Citizen Self-Service portal. 2. Pay a $100 non-refundable application fee plus an annual $325 permit/license fee. 3. Pass required building, fire, safety, and water conservation inspections to receive a certificate of occupancy. Renewals must be completed annually between January 1 and April 15.
How do I get a short-term rental permit in Santa Fe?
1. Submit an online application via the City's Citizen Self-Service portal. 2. Pay a $100 non-refundable application fee plus an annual $325 permit/license fee. 3. Pass required building, fire, safety, and water conservation inspections to receive a certificate of occupancy. Renewals must be completed annually between January 1 and April 15.
Can investors operate a vacation rental in Santa Fe without living there?
Not in residential zones. Santa Fe requires STR operators in residential zoning districts to use the property as their primary residence. Non-owner-occupied vacation rentals in residential zones require a special use permit, which are capped and subject to a review process. Historic commercial and mixed-use zones (downtown, Canyon Road area) have more permissive rules for non-owner-occupied STRs. Investors should verify their property's specific zone before assuming STR income is possible.
What licenses and taxes are required for a Santa Fe vacation rental?
Operators need a City of Santa Fe STR license (annual renewal with primary residence verification in applicable zones), and must register with the New Mexico Taxation and Revenue Department for gross receipts tax and the city for Santa Fe's lodging tax. New Mexico's gross receipts tax rate is approximately 8–9% on rental income. Airbnb and Vrbo collect and remit New Mexico state gross receipts tax on behalf of hosts.
Are STRs in Santa Fe's historic downtown and Canyon Road area treated differently?
Yes. Properties in Santa Fe's historic commercial core, Canyon Road, and mixed-use zones face fewer ownership restrictions than residential zones — non-owner-occupied STRs are more accessible in these areas. However, the city's Historic Districts Ordinance may impose design and use standards if any physical modifications are made to historic structures. The downtown and Canyon Road corridor's high property values and tourism concentration make it the core of Santa Fe's professional vacation rental management market.
Comparent

Looking for property managers in Santa Fe, NM?

Compare top-rated short-term rental managers on Comparent — read reviews, see pricing, and find the right fit.

View Property Managers

Disclaimer

This information is for general reference only and may not reflect the most current regulations. STR regulations change frequently. Always verify requirements with official local government sources before operating a short-term rental.

Last verified: March 2026 · Suggest a correction