Is short-term rental legal in Santa Fe, NM?
Santa Fe caps STR permits citywide at 1,000 and issues them only where the permit count and zoning allow; a permit is a scarce municipal asset here, closer to a taxi medallion than a form.
Rules checked October 2026
Run the Santa Fe verdict on your facts
| What counts as a short-term rental | Santa Fe caps STR permits citywide at 1,000 and issues them only where the permit count and zoning allow; a permit is a scarce municipal asset here, closer to a taxi medallion than a form. |
|---|---|
| Permit / license | STR Permit (citywide cap: 1,000) — issued by City of Santa Fe Land Use |
| Fee | Permit about $290 initially (city schedule), with yearly renewal |
| Renewal | Annual renewal — lapsing in a capped city can mean the waitlist |
| Primary-residence rule | No general primary-residence rule; the cap and zoning districts govern. |
| Whole-home rental | Whole-home rental is the standard permitted form where a permit is obtainable. |
| Night cap | — |
| Guests / occupancy | Per permit |
| Minimum stay | None |
| Zoning | The 1,000-permit citywide cap + district rules decide availability before any property fact does. |
| Density / scarcity | Citywide permit cap of 1,000 STR permits |
| Fines | Unpermitted operation draws city fines and permit ineligibility |
| Taxes | City lodgers' tax + state gross receipts registration accompany the permit. |
| Platform duties | Permit numbers in ads; the city cross-checks. |
| State layer | No state preemption. Santa Fe caps STR permits citywide (1,000); Taos and other towns license by zone. |
What trips hosts in Santa Fe
- Santa Fe's cap makes the permit itself the scarce good — sellers price permitted homes at a premium, which the kit's screening worksheet prices honestly.
The private layer still applies
These are the city's rules. Your HOA, condo board, lease or mortgage can say no on top of them — that layer is printed as a warning in the checker, never merged into the city's verdict.
Sources: Santa Fe City Code § 14-6 / STR ordinance (permit cap) · City of Santa Fe STR program. Rules checked October 2026.