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Is Airbnb legal in Santa Fe, New Mexico?

Legal with a permit, but 1,000 permits citywide and a 44-booking annual cap. Santa Fe issues at most 1,000 residential STR permits citywide, one per natural person, non-transferable, at $425 in the first year and $325 a year to renew. In July 2026 the city interpreted the frequency rule as a ceiling of 44 unique reservations per calendar year on residentially zoned properties, which breaks weekend-turnover models. Properties on non-residential zoning use a registration instead and face no cap.

Showing the researched rules for Santa Fe, NM below. Type your Santa Fe address to jump to the verdict.

Legal with permit

Legal with a permit, but 1,000 permits citywide and a 44-booking annual cap

Santa Fe issues at most 1,000 residential STR permits citywide, one per natural person, non-transferable, at $425 in the first year and $325 a year to renew. In July 2026 the city interpreted the frequency rule as a ceiling of 44 unique reservations per calendar year on residentially zoned properties, which breaks weekend-turnover models. Properties on non-residential zoning use a registration instead and face no cap.

Permit and costs

Permit
Residential Short-Term Rental Permit
Issued by
City of Santa Fe, Land Use Department
Cost
$425 first year ($100 application plus $290 permit plus $35 business license); $325 / year renewal
Renewal
Annual, due March 15

Key limits

Citywide cap
1,000 residential permits, one per person
Booking cap
44 reservations per year on residentially zoned property
Transfer
Permit terminates on sale; buyer applies fresh
Spacing
50-foot buffer between rental units

Taxes

City lodgers tax
5% occupancy tax plus 2% convention center fee, 7% total
Gross receipts tax
8.1875% for Santa Fe city addresses

Registration checklist

  1. 1
    Check permit availability
    Confirm the 1,000-permit cap has room and that your parcel clears the 50-foot spacing rule.
  2. 2
    Apply
    Submit the application with ID, proof of ownership, certificate of occupancy, site and floor plans, and the affidavit.
  3. 3
    Register for tax
    Get a New Mexico Business Tax ID for free and file the 7% lodgers tax monthly by the 25th.

What could change this verdict

Your HOA
Covenants that prohibit STRs block you even with a city permit.
Property tax risk
County assessors have been reclassifying STR homes as commercial, stripping the 3% valuation cap.

Sources

BNBCalc Santa Fe STR regulations 2026 · Airbnb Santa Fe help center rules

Rules researched October 2026. They change, so verify with the city before you buy.

Want this verified for your exact address?

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  • Verdict for your parcel, not just the city
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  • Night caps, occupancy rules, and key limits
  • Tax rates and a step-by-step checklist

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Also check

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Verify before you buy. Rules change often and vary by zoning, HOA, and building type. This is a research starting point, not legal advice. Always confirm with the city's planning or business-license office before signing anything.