Need A Permit? You May Regret It

Santa Fe County is Making it VERY EXPENSIVE to make improvements to your home.

Are you thinking of renovating your home? Adding solar panels? Building a a carport or putting on a new roof?

Homeowners across Santa Fe County are getting a costly surprise when they go in to apply for a permit to do work on their homes.

Land Use officials are retroactively enforcing the Sustainable Land Development Code (SLDC) that passed in 2016  - and forcing homeowners to bring their properties into full compliance with the new zoning laws before they can get a permit for new work. 

A simple permit could cost you thousands

When you apply for a permit, you open the door to a potential nightmare.

Land Use officials display an aerial photograph of your lot on a big screen and scour your property for violations of the SLDC zoning code.   

• Did a prior owner do "un-permitted" work on your property?
• Do you have a casita or studio with a 3/4 or full bathroom?
• Is every structure on your property at least 25 feet from the property line?

The SLDC is over 700 pages long - and it changed all the rules about how properties can be developed in Santa Fe County.  

If your home was built before 2016, chances are something on your property violates the SLDC.

Homeowners are being told by Land Use officials to pour concrete down shower drains, eliminate driveways, replace state-approved septic systems, even tear down their casita, carport or studio.

Once you submit a permit application to the County Land Use department, they will pursue you for any violation of the SLDC they find on your property.  Failure to make the changes could result in fines or even jail time. 

Variances for SLDC "violations" are almost always denied

Land Use officials routinely deny variances for SLDC violations, even if your home was built long before 2016 and even if you bought the property not knowing it did not comply with the new zoning laws.

At one recent hearing, one member of the Planning Commission said that they have set a precedent that no variances for existing structures will ever be granted, because the Planning Commission has denied them in the past. 

"We can't be making decisions that apply to one applicant and then have another applicant come in and then grant this variance request under similar circumstances."

- Rhea Serna, Santa Fe County Planning Commissioner

There's one law Santa Fe County is NOT enforcing

New Mexico state has a law that existing buildings are exempt or "grandfathered" from complying with new requirements, like the SLDC.  The "Existing Buildings Code" is even a part of the SLDC - but Land Use officials are not abiding by this state law.

Why?  Because they know that most homeowners are not aware of their rights under the law.

Help us fight for your property rights

If you think the County is going too far enforcing 2016 SLDC requirements on homes that were built long before the SLDC was passed, you are not alone.  Homeowners of Santa Fe County are fighting to protect your property rights and force the County to change its unfair, unjust zoning laws.

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