Santa Fe, NM Right to Farm: Agricultural Zoning Protection (2026)

2(H)(1) makes noncommercial agriculture, gardening and small-scale growing an accessory use permitted in every zoning district in the city, provided it stays subordinate to the property's permitted principal use, does not create a public nuisance under the Nuisance Abatement Ordinance at Section 10-9 SFCC 1987, and otherwise meets applicable city codes. 1 SFCC 1987. The subsection also exempts several grow-your-own activities from the broader agricultural rules entirely: personal noncommercial residential gardens, city-owned community gardens run under written city policy, other noncommercial community gardens operated as an accessory use, and personal cannabis cultivation permitted under the Lynn and Erin Compassionate Use Act and the Cannabis Regulation Act.

1-1, and it must still meet the city's building, fire and Chapter 14 development standards. The governing body can adopt administrative resolutions to guide the land use director in applying these rules. The subsection stops short of a true right-to-farm immunity: it does not shield farm operations from nuisance liability, it expressly subjects them to the Nuisance Abatement Ordinance, and it does not preempt a homeowners association's covenants, conditions or restrictions, which the code says continue to control.