Tijeras's Short-Term Rentals: The Rules That Matter

Every city handles short-term rentals a little differently. In Tijeras, New Mexico, there are 6 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Taxes & Fees

Tijeras STR operators must pay NM Gross Receipts Tax and applicable Lodgers' Tax under NMSA §3-38-15. State CRS tax ID required from NM Taxation & Revenue Department. Village zoning fees apply for STR permit applications.

Key details: Gross Receipts Tax: NM state + local rate applies. Lodgers' Tax: NMSA §3-38-15. CRS Tax ID: Required from NM Taxation & Revenue. Zoning Fees: Per Ord. 240, Division 9 (Fees).

Non-remittance: penalty + interest. NM TRD audit. Tax evasion: misdemeanor charges.

Occupancy Limits

Tijeras Comprehensive Zoning Ordinance Sec. 26-861 et seq. (Ord. No. 240, Nov. 27, 2023) does not set a per-guest overnight occupancy cap, but it caps the village to thirty (30) active STR permits and limits each unit to 225 cumulative rental days per calendar year. The certificate of occupancy and adopted building/fire codes control how many people may stay.

Key details: Per-Guest Overnight Cap: Not numerically specified in Sec. 26-861. Village-Wide Permit Cap: 30 active STR permits (Sec. 26-861(1)). Annual Rental Day Cap: 225 cumulative days per calendar year (Sec. 26-861(2)). Adjoining Units Rule: Two directly adjoining STRs may not operate concurrently (Sec. 26-861(3)). Use Restriction: Residential only - no commercial events (Sec. 26-861(5)).

Per Sec. 26-865, the village issues a written notice by certified mail and the owner/operator has 45 days to correct the violation or face penalties under Sec. 26-6. Operating without a permit, exceeding 225 rental days, or running an 'event' violates Sec. 26-861.

Insurance Requirements

Village of Tijeras Comprehensive Zoning Ordinance Sec. 26-862(5) requires every owner of a short-term rental to 'maintain adequate short-term rental insurance coverage' for the unit. Sec. 26-864(4) requires the application to include 'proof of adequate insurance coverage.' The ordinance does not specify a minimum dollar amount, leaving 'adequate' to the village clerk's review.

Key details: Insurance Required: Yes - Sec. 26-862(5) and Sec. 26-864(4). Minimum Dollar Amount: Not specified in ordinance ('adequate'). Proof Required At: Application and renewal (Sec. 26-864(4)). Permit Renewal Date: Annually on or before June 1. Late Renewal Fee: $50.00 after June 1; expires June 30.

Operating an STR without coverage, or failing to provide proof of adequate insurance with the annual permit application by June 1, can prevent permit issuance or renewal under Sec. 26-864. Sec. 26-865 then triggers a written notice by certified mail and a 45-day cure period before penalties under Sec. 26-6 apply.

Noise Rules

STR renter provisions (§26-863) in Tijeras include behavioral standards. STR guests must comply with village nuisance and noise rules. The rural mountain village setting means noise carries; state law NMSA §30-20-1 applies.

Key details: Renter Rules: §26-863 provisions apply. Noise Standard: State law + village nuisance rules. State Law: NMSA §30-20-1. Setting: Rural mountain — noise carries.

Noise violation: $200 to $1,000. Multiple complaints: permit review/revocation. Host responsible for guest behavior.

Parking Rules

Tijeras zoning ordinance requires off-street parking with at least 10% landscaped area. STR properties must provide adequate guest parking. The village's rural roads have limited on-street parking options.

Key details: Off-Street Parking: Required per zoning ordinance. Landscaping: 10% of parking area must be landscaped. Road Character: Rural — limited on-street parking. Design Standards: Village parking design standards apply.

Parking plan non-compliance may affect permit renewal. Street parking violations per city code.

Permit Requirements

Tijeras Ordinance No. 240 (Dec 2023) includes Division 8 covering Short-Term Rentals (§26-861 through §26-864). STRs are regulated with general provisions, owner/operator requirements, renter provisions, and violation penalties.

Key details: Ordinance: No. 240, Division 8 (Dec 2023). Sections: §26-861 through §26-864. Owner/Operator: Specific provisions (§26-862). Violations: §26-864. Contact: (505) 281-1220 or clerk@tijerasnm.gov.

Operating without permit/registration: $200 to $1,000/day. Safety violations: correction notice and fines.

The Bottom Line

Tijeras's short-term rentals rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Tijeras is broadly strict or permissive.

All of the above reflects Tijeras's municipal code as of our last review. If you need specifics on fines, exemptions, or filing requirements, the detailed ordinance pages linked above have the full breakdown.