Santa Fe, NM Accessory Structures: ADU Rules (2026)
ADU rules in Santa Fe, NM, also called accessory dwelling unit regulations or granny flat ordinances, cover setbacks, owner-occupancy, parking, and permit requirements.
Key Facts
- Size cap
- 1,500 sq ft or principal home's area, smaller wins
- Density limit
- One ADU per legal lot of record
- Rental rule
- Owner may rent house or ADU short-term, not both
- Parking credit
- On-street space counts if street is 35+ feet wide
- Subdivision limit
- Cannot be sold separately from the main house
Summary
Santa Fe caps an accessory dwelling unit at 1,500 square feet or the principal home's floor area, whichever is smaller, and allows only one ADU per lot of record under Land Development Code Section 14-6.3(D)(1). Owners can rent out the ADU or the main house as a short-term rental, but never both units at once.
Accessory dwelling units located on residentially zoned property: ... (c)are exempt from the density restrictions set forth in this Chapter 14; provided, however, that only one accessory dwelling unit shall be permitted per legal lot of record and provided further that nothing herein is intended to supersede private covenants or other restrictions;(d)shall not exceed either the gross floor area of the principal dwelling unit or one thousand five hundred square feet, whichever is less; ... (g)may be rented as follows:(i)by the owner-occupant, who may rent either the principal dwelling unit or the accessory dwelling unit as a short-term rental unit but not both, as a short term rental unit pursuant to Section 14-6.2(A)(5) during which time, the owner-occupant shall occupy either the principal dwelling unit or the accessory dwelling unit; or(ii)by the property owner, who may rent the principal dwelling unit and/or the accessory dwelling unit for periods of not less than thirty (30) days;
Full Breakdown
3(D)(1) treats an accessory dwelling unit on residentially zoned property as exempt from the density restrictions elsewhere in Chapter 14, but caps the trade-off at one ADU per legal lot of record, and the exemption does not override any private covenant that restricts ADUs. Size is limited to whichever is smaller: the gross floor area of the principal dwelling unit or 1,500 square feet. 2-1. Every ADU must also meet the design standards that apply to the lot generally, including any Section 14-5 overlay district rules, so an ADU in a historic district still has to clear Historic Districts review.
6, but the code lets an abutting legal on-street parking space count toward that requirement if the street carries no residential parking permit restriction, measures at least 35 feet curb to curb, and has no posted no-parking restriction; that on-street space cannot be reserved for the property and stays open to the general public. 2(A)(5), but not both at the same time, while a non-owner-occupant landlord may rent either or both units only for stays of 30 days or more. An ADU cannot be subdivided or sold separately from the principal dwelling unit unless it independently meets every requirement for a principal dwelling unit.
Violations & Fines
An ADU that violates size, parking, design or rental requirements under Section 14-6.3(D)(1) can have its certificate of occupancy revoked under Article 14-11 Enforcement, and using an on-street parking credit space exclusively for the property, rather than keeping it open to the public, is itself a violation of the parking-credit conditions.
Frequently Asked Questions
How big can an accessory dwelling unit be in Santa Fe?
Can I rent both my house and my ADU as short-term rentals at the same time?
Can I sell my ADU separately from my main house?
Sources & Official References
Other rules in Santa Fe
How Santa Fe compares: Easiest Cities to Build an ADU·Compare Santa Fe to another location·View the New Mexico accessory structures overview
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