Santa Fe, NM Fire Regulations: Fireworks (2026)
Key Facts
- Retailer permit fee
- $50 per year
- Wholesaler permit fee
- $100-$500 per year
- Possession window
- June 10 - July 15
- Sale/display window
- June 20 - July 5
- Max legal height
- Under 15 feet, no report
- Minimum buyer age
- 16, or with parent
- Penalty
- Up to $500 fine, 90 days jail
Summary
Santa Fe bans manufacturing, selling, possessing or discharging any fireworks without a permit. Retailers may sell only 'safe and sane' fireworks (no report, under 15 feet in height) under a fire department permit, and only buyers 16 or older may possess them. Violators face a misdemeanor: up to 90 days in jail or a $500 fine, with each day a separate offense.
Except as hereinafter provided it shall be unlawful to manufacture, sell, offer to sell, own, possess or discharge any fireworks within the city. [...] Any individual, firm, partnership, or other entity found in violation of this section shall be deemed guilty of a misdemeanor and shall be punished by imprisonment for up to ninety (90) days or a fine not to exceed five hundred dollars ($500.00), or both. Each and every occasion on which this section is violated shall be considered a separate offense.
Full Breakdown
Section 12-3.2 SFCC 1987 makes it unlawful to manufacture, sell, offer to sell, own, possess or discharge fireworks anywhere in the city except as the section allows. 'Dangerous fireworks' are anything self-propelling, anything producing a report, or anything reaching above fifteen feet, per Section 12-3.1; 'safe and sane fireworks' are the enumerated exceptions, capped by pyrotechnic weight (snakes 20 grams, sparklers 100 grams, wheels 60 grams per driver, cylindrical fountains 75 grams). Retailers and individuals who want to sell or store safe-and-sane fireworks for sale must obtain an annual permit from the fire department under Section 12-3.5: retailers pay $50, wholesalers pay $100, and wholesalers/jobbers selling dangerous fireworks for out-of-state shipment pay $500 a year.
A permit holder may possess safe-and-sane fireworks only from June 10 through July 15 and may sell or display them only from June 20 through July 5 each year. Section 12-3.6 bars selling or giving fireworks to anyone under 16 unless accompanied by a parent or guardian. Section 12-3.9 adds a drought overlay: aerial devices and audible ground devices such as firecrackers are banned outright during extreme or severe drought based on National Weather Service drought indices, and all fireworks are banned on land covered by timber, brush or native grass, with the governing body empowered to impose further restrictions under Section 60-2C-8.1 NMSA 1978. Public displays require a fire department permit, a certified operator, 30 days' advance written application, and proof of financial responsibility under Section 12-3.3.
Violations & Fines
Any violation of Section 12-3.9 is a misdemeanor, punishable by up to 90 days' imprisonment, a fine up to $500, or both, with each day of continued violation counted as a separate offense. The fire department may seize and remove, at the owner's expense, any dangerous fireworks stocked, offered, exposed for sale, or held in violation of Section 12-3.8. Selling to a minor under 12-3.6 is likewise unlawful.
Frequently Asked Questions
Can I set off fireworks at home in Santa Fe?
What counts as a 'safe and sane' firework in Santa Fe?
Are fireworks ever banned entirely in Santa Fe?
What happens if I sell fireworks without a city permit?
Sources & Official References
Other rules in Santa Fe
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