City · New Mexico

ADU rules in Santa Fe

5 sources

These are the primary sources for accessory dwelling unit regulations in Santa Fe: the city's own zoning code, planning department pages, and permit guides. Start here before talking to anyone: the rules below are what your permit reviewer will apply.

Rules at a glance

Detached (backyard) ADU

Allowed

ADUs are permitted accessory uses in the RR, R-1 through R-6, R-7, R-7(I), R-8, R-9, RC-5, RC-8, R-10, R-21, R-29, RAC, C-1, C-4 and HZ districts. Detached ADUs must meet the height and setback limits for accessory structures in Table 14-7.2-1.

SFCC 1987 14-6.3(B)(2)(a)(vii) and 14-6.3(D)(1)(e)

Attached or internal ADU

Allowed

An ADU created within or attached to the principal structure is allowed and must stay within the building envelope of the principal structure.

SFCC 1987 14-6.3(D)(1)(e)

Maximum size

Lesser of 1,500 sq ft or the gross floor area of the principal dwelling

The ADU shall not exceed either the gross floor area of the principal dwelling unit or 1,500 square feet, whichever is less.

SFCC 1987 14-6.3(D)(1)(d)

Owner occupancy

Not required

No owner occupancy is required to build or long-term rent: the owner may rent the principal dwelling and/or the ADU for periods of 30 days or more (14-6.3(D)(1)(g)(ii)). Owner occupancy is required only to short-term rent one of the two units. Ordinance 2019-12 also voided the earlier requirement (Ord. 2008-5) to record a restrictive covenant before permitting an ADU.

SFCC 1987 14-6.3(D)(1)(g) and (h)

Extra parking

Yes, per Section 14-8.6; on-street parking may count toward the requirement

ADUs must meet the off-street parking standards of Section 14-8.6 (rates are in Table 14-8.6-1, published as an appendix exhibit), except that a legal on-street space abutting the property may be counted as one required space if the street is at least 35 feet wide curb to curb, has no residential parking permit restrictions and no posted parking prohibitions; each on-street space may be counted only once per lot and cannot be reserved for exclusive use.

SFCC 1987 14-6.3(D)(1)(a)

Approval process

Permitted use

ADUs are listed as permitted accessory uses (by right) in the RR, R-1 through R-6, R-7, R-7(I), R-8, R-9, RC-5, RC-8, R-10, R-21, R-29, RAC, C-1, C-4 and HZ districts, subject to the use-specific standards of 14-6.3(D)(1); a standard construction permit and certificate of occupancy are still required.

SFCC 1987 14-6.3(B)(2)(a)(vii)

Rental restrictions

Long-term rental (30+ days) of either or both units allowed; short-term rental of one unit only, with owner living in the other and a city STR permit

The owner may rent the principal dwelling and/or the ADU for periods of not less than 30 days with no occupancy requirement. Alternatively an owner-occupant may short-term rent either the principal dwelling or the ADU (not both) under the Short-Term Rental Unit Ordinance, 14-6.2(A)(5), while occupying the other unit. STRs require an annual city permit, business license, inspections and neighbor notice; ADU-compliant STRs are exempt from the 50-foot proximity spacing rule (14-6.2(A)(5)(c)(vi)(A)).

SFCC 1987 14-6.3(D)(1)(g); 14-6.2(A)(5)

The fine print: 6 caveats that can change the picture

Zone dependence: ADUs are permitted accessory uses only in the RR, R-1 through R-6, R-7, R-7(I), R-8, R-9, RC-5, RC-8, R-10, R-21, R-29, RAC, C-1, C-4 and HZ districts (14-6.3(B)(2)); C-2, SC, I-1, I-2 and BIP districts allow accessory dwellings only for owners, employees or tenants of on-site uses under separate provisions.
One ADU per legal lot of record; ADUs are exempt from Chapter 14 density restrictions, but private covenants or other restrictions can still prohibit them (14-6.3(D)(1)(c)).
Attached or internal ADUs are limited to the principal structure's building envelope; detached ADUs use the accessory structure height and setback limits of Table 14-7.2-1; historic district and overlay zone design requirements apply where mapped (14-6.3(D)(1)(e) and (f)).
The ADU cannot be subdivided or sold separately from the principal dwelling unless it meets all requirements for a principal dwelling unit (14-6.3(D)(1)(i)); the certificate of occupancy can be revoked for noncompliance (14-6.3(D)(1)(j)).
Some city forms and pages still cite the pre-recodification numbering 14-6.3(C)(1) and reference restrictive covenants that Ordinance 2019-12 superseded; the current operative section is 14-6.3(D)(1).
A Chapter 14 rewrite is underway (Bill 2024-17, Phase 1 posted on santafenm.gov), so section numbers may change in a future supplement.

Summarized from Santa Fe's ordinance text, read July 2026; every row links the code section it came from. Rules often vary by zone and lot, so treat this as orientation, not a permit determination, and confirm with the planning department before you commit to a design.

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ADU regulations

Short-term rental rules

Planning to rent your ADU on Airbnb or VRBO? Santa Fe regulates short-term rentals separately; check these before counting on nightly rental income.

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