Santa Fe, NM Zoning Overlays & Bonuses: Density Bonus Law (2026)
Key Facts
- Density bonus amount
- 15% above the zoning district's base density
- Trigger
- Developer compliance with Santa Fe Homes Program
- For-sale set-aside
- 20% of units must be SFHP units
- Rental set-aside
- 15% of rental units must be SFHP units
- Approval needed
- None, unless appealed under Sec. 14-3.17
- Governing section
- Santa Fe City Code § 14-8.11(G)(1)
Summary
Santa Fe rewards developers who build affordable units under its Santa Fe Homes Program with more market-rate density, not less. Subsection 14-8.11(G)(1) grants a developer complying with SFHP an additional 15 percent density bonus above what the zoning district otherwise allows, calculated by rounding the district's base unit count.
(1)Density Bonus(a)A developer who is subject to and complying with SFHP is entitled to an additional density bonus of fifteen percent over the density allowed by the zoning district.(b)A density bonus is the right to build the described percentage of residential units, in addition to those that are otherwise allowed by the zoning district, in accordance with the following standards and procedures:(i)base units allowed means the total number of units that would otherwise be allowed by the zoning district.(ii)in calculating any bonus units, the base units allowed in the development shall be multiplied by fifteen percent. If the result is other than a whole number, the number shall be rounded down if less than 0.5, and rounded up if 0.5 or more.(c)A density bonus does not require an amendment to the general plan or approval by the governing body unless appealed pursuant to Section 14-3.17 (Appeals).
Full Breakdown
11, applies to most residential development of two or more units, including annexations, rezonings, subdivision plats, density increases, and conversions of rental or commercial uses to ownership housing. Effective June 7, 2014, 20 percent of the dwelling units or manufactured home lots in a for-sale SFHP development must be SFHP units, and 15 percent of units offered for rent must be SFHP units, both meeting the requirements of Section 26-1. 5 or more, to get the bonus unit count. 17, though it still cannot override other Code provisions that independently cap the number of units allowed on a site.
14 and utility expansion charges, applied at the time of construction permit application. The program exempts family land transfers, two-lot summary-procedure divisions, pre-August 15, 2005 written affordable-housing agreements, and dwelling units restricted to a school, college, or hospital's own employees and students.
Violations & Fines
Noncompliance with an SFHP agreement is enforced under Sections 14-11.5 and 26-1.19 SFCC 1987: after notice, the office of affordable housing can ask the city manager to direct the city attorney's office to pursue specific performance of the recorded SFHP agreement. A property owner who fails to comply also risks the same civil fine schedule under Section 14-11.4 that governs other Chapter 14 violations, up to $500 for a third or subsequent offense within any 36-month period.
Frequently Asked Questions
Do I have to build affordable units to get the density bonus?
How is the 15 percent bonus calculated?
Does a density bonus require a public hearing or governing body vote?
Sources & Official References
Other rules in Santa Fe
Compare Santa Fe to another location·View the New Mexico zoning overlays & bonuses overview
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