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Santa Fe, NM Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
Santa Fe City Code § 23-1.4
Permit fee
$100.00 per permit
Warning lights
Every 50 feet, sundown to sunup
Approval authority
Public works department / city engineer
Noncompliance remedy
City removes obstruction at owner's expense

Summary

Anyone who wants to place an obstruction on a public street, alley or right-of-way in Santa Fe must first apply to the public works department for a permit. The city engineer sets compliance terms, and the applicant pays a one-hundred-dollar fee per permit before placing anything in the public way.

A. Permit Required; Fee. Except as otherwise provided, any person desiring to place any obstruction on any public street, alley or way in the city shall make application to the public works department for a permit to do so. Such permit shall be granted on compliance with terms as may be imposed by a city engineer and on the payment of a fee of one hundred dollars ($100.00) per permit. B. Warning Lights Required. Except as otherwise provided, warning lights shall be placed and maintained from sundown to sunup of every day at both ends of every obstruction on any street of the city and at intervals of not more than fifty feet (50') along such obstruction.

Full Breakdown

4 of the Santa Fe City Code is the city's general encroachment-permit rule for the public right-of-way. 00) fee for each permit. Paragraph B then layers on a safety condition: whoever holds the permit must keep warning lights placed and lit from sundown to sunup at both ends of the obstruction and at intervals no more than fifty feet apart along its length. Paragraph C makes removal mandatory rather than optional. Any obstruction placed in a street or alley, or in the half of the street adjoining a store, shop, building or other premises, in violation of the permit or lighting rules must be removed immediately by the owner or occupant.

City police officers and other authorized employees who find a violating obstruction are directed to notify the responsible party and demand immediate removal; refusing or neglecting to comply lets the city remove the obstruction itself at the owner's or occupant's expense, and interfering with the city's removal crew is a separate violation. The rule traces to Code 1953 Sections 24-4 through 24-7 and was last amended by Ordinance No. 2011-12, so the $100 fee and the fifty-foot lighting spacing standard are the current, operative figures.

Violations & Fines

Placing an obstruction in a public street or alley without the required public works permit, or without the mandatory sundown-to-sunup warning lights every fifty feet, requires the owner or occupant to remove it immediately. If they refuse or neglect to do so after a police officer or city employee demands removal, the city removes the obstruction itself at the violator's expense, and hindering the city's removal crew is its own separate violation under Section 23-1.4.

Frequently Asked Questions

Do I need a permit to put something in the street in front of my Santa Fe property?
Yes. Section 23-1.4 requires a public works department permit before placing any obstruction on a public street, alley or way, and charges a one-hundred-dollar fee per permit. The city engineer sets the specific compliance terms for granting it.
What safety measures does the permit require?
Warning lights must be placed and kept lit at both ends of the obstruction from sundown to sunup every day, with additional lights at intervals no more than fifty feet apart along the length of the obstruction, as required by subsection B of Section 23-1.4.
What happens if I don't get a permit or remove an illegal obstruction?
City police or other authorized employees can order immediate removal, and if you refuse or neglect to comply, the city will remove the obstruction itself and bill the cost to you as the owner or occupant, under subsection C of Section 23-1.4.

Sources & Official References

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