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Doing Business

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1. Who is required to register a business with the City of Española?

An annual business registration is required of anyone operating within the city limits from a fixed/permanent location. This includes home-based businesses.

Businesses that are headquartered/based outside the city limits and provide services within city limits must also register and will be given an extra-territorial business registration.

2. What if my business is out-of-town but I'm providing goods or services to customers in Espanola?

Businesses who are registered in another jurisdiction that provide good or services within the city limits of Espanola must obtain an extra-territorial business registration. The process and paperwork is the same, except that there will typically not be a fire inspection, unless hazardous materials are involved.

3. How does the renewal process work?

Every business is responsible for maintaining an annual registration. To assist in this, the City Clerk’s office mails annual renewal reminders towards the end of the current year. Business registration renewals are due back to the city by the end of January to avoid late charges. Starting with 2021 business registrations, this process can be completed entirely online by visiting http://www.cityofespanola.org/business and clicking the link to access the online licensing portal. Alternately, you can download the renewal form and return it to the city clerk.

Ensure that you include all applicable updated licenses, permits, or registrations from other state departments, boards, or agencies with your renewal paperwork, including CRS Verification.

4. Can I operate a business from my home?

Most Home-based businesses are allowed, as long as you obtain a Business Registration. There are some specific regulations by zone district which can be discussed with the Planning & Land Use Department. Some businesses are not allowed in any residential districts, including: Contractor’s yards; salvage yard or junkyards; automobile repair or paint and body shops. 

5. What are the details of the fire inspections?

The International Fire Code, as adopted by the State of NM and the City of Espanola, requires annual inspections of business locations. The purpose of this inspection is to ensure that commercial facilities meet basic life-safety standards. Starting in 2021, the fire inspection will be scheduled directly with you by the Espanola Fire Department. Following the inspection, any corresponding inspection fee will be invoiced for payment.

6. What other documentation do I have to provide the city?

In addition to completing the application with your business details, the City of Espanola requires documentation that you are following all other state and federal las that relate to your business. Include copies of all applicable permits or licenses with your application. Send current copies with each annual renewal.

All businesses are required to provide CRS Verification. This is from the NM Department of Taxation and Revenue and relates to collection or exemption from Gross Receipts Tax (GRT). Information on obtaining a CRS number and filing GRT can be found on their website http://www.tax.newmexico.gov/Businesses/register-your-business.aspx

Some businesses also require additional licensure/registration or permits from other state agencies. 

The NM Regulation & Licensing Department can assist with licensing documentation for a number of professions and facilities, including contractors, medical professionals, salons, financial institutions, and alcohol sales establishments. More information can be found on their website: http://www.rld.state.nm.us/boards/Get_Licensed.aspx

Certain businesses handling food, impacting air or water quality, or creating certain waste materials need permits form the NM Environment Department. Details are on their website: https://www.env.nm.gov/permits-and-licenses/

Other industries may need permits from other state or federal departments.  

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General FAQs

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1. How do I report a water leak?

Water Department
(505) 753-6880

M-F 8 am - 5 pm
After hours, after 5 pm, Weekends and Holidays:
(505) 753-5555, follow prompt to dispatcher

2. How do I report a sewer blockage?

Wastewater Treatment Plant
(505) 747-6186
M-F 8 am - 5 pm

After hours, after 5 pm, Weekends and Holidays:
(505) 753-5555, follow prompt to dispatcher

3. What is the cost to set up a new Water account?

Residential: Cost varies depending on whether account has been established, and materials needed, meter size, and hook-up size, etc.

Commercial: depending on meter size, hook-up size and commercial classification, etc.

Contact: (505) 747-6045, (505)747-6046

4. Who do I talk to about getting potholes repaired and/or placing speed bumps?

Streets Department
Contact: (505) 747-6093
Please leave a detailed message and/or phone number.

5. What do I need to start a business?

Deputy City Clerk's Office
Contact: (505) 747-6012 or
Refer to Business Registration section on the City Clerk's page

6. What are the hours the dump is open?

Closed Monday - Sunday. Open Thursday - Saturday 8am to 4:30pm
Contact: North Central Solid Waste Authority (505) 747-8459

7. Who do I talk to about my neighbor's messy (weeds, trash, etc.) yard?

Planning & Land Use, Code Enforcement
Contact: (505) 747-6081

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Interactive Mapping

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1. Can I print? How do I print?

Yes, you can create your own map and print.  Please use this step-by-step to assist you.

2. How do I measure in the map?

You can use the Measure Widget to calculate area and length in many different units.  First select what type of measurement you will be taking, and your preferred units.  Next click your starting point and then your end point.  Click here for step-by-step instructions.

3. Can I mark-up the map?

Yes, you have the ability to draw on the map using the DRAW WIDGET.  Click here for step-by-step instructions.

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Planning & Land Use

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1. What are your hours?

The Planning & Land Use Department is opened Monday thru Friday, 8 am- 5pm, except holidays. The Cashier's window closes at 4:30, any business that will require a transaction should made prior to their closure.

2. Where is your office located?

We are located at 409 N. Paseo de Oñate; next door to City Hall.

3. How do I get a building permit?

Building permits require Zoning Approval by the Planning and Land Use Department. Once the zoning approval is granted, you will need to contact to NM Construction Industries Division http://www.rld.state.nm.us/construction/ to obtain a Building Permit. Please contact our office for assistance with this process. You are advised to contact CID to answer any construction code related questions.

4. What changes to my property require a permit? How do I determine fees for my application?

Land Use/ Development Site Permits are charged at a flat $75 rate and are required prior to the development of your property.  This includes, but is not limited to, construction of a new home; adding square footage to an existing home; placement of a mobile/manufactured home, carport, fence and/or other accessory structure; utility connections and the opening of a business. Property owners are advised to check with the department regarding required permits before they start a project.

5. How do I submit a land use/site development permit application? What documents do I need to submit?

Submitting a Site Development Permit Application can be done in person at City Hall. The Application can be downloaded here. http://www.cityofespanola.org/DocumentCenter/View/3646/Development-Permit:  In addition to the application form, you will need to provide the city with a Site Plan, Proof of Ownership or Lease and Detailed Project Description. For properties located within a flood zone, a Certificate of Elevation is required. Manufactured Home applications require that a copy of the Certificate of Occupancy, provided by the State of New Mexico, be provided within 60 days from the placement of the home.

6. What is zoning? How do I find out what my property is zoned?

Zoning is the how the city controls the physical development of land and how individual properties may be used. Zoning laws typically specify the areas in which residential, industrial, recreational or commercial activities may take place. To find out a property’s zoning, you can ask the Planning and Land Use Department, or visit our Interactive Zoning Map.

7. How do I obtain a business registration? What other permits do I need to establish my business?

Business Registrations are issued by the Clerk’s office; however, the process begins in the Planning & Land Use Department. This ensures that the proposed business location is properly zoned for the proposed business, or is an allowable home occupational use.  It also regulates that minimum commercial design standards will be met and coordinates the required Fire Department Inspection. Note that some properties may require a Commercial Site Plan Review before the Planning Commission prior to the issuance of a Business Registration.  It is recommended that you meet with the Planning Department to discuss your business plans. The Business Registration Application is available here.

8. What does the Planning & Land Use Department do?

The department provides a full range of services from processing permits to developing long range plans and land use polices. The Planning and Land Use Department maintains the City’s land use code and zoning map and processes a variety residential and commercial planning applications. The department also provides support to the Planning and Zoning Commission to ensure quality growth and development that reflects the values and goals of our community.

9. How does Planning and Land Use approve my application?

Our goal is to offer consistent, courteous, quality service to our community. Once a complete permit application is submitted, a member of our highly-trained staff will review the application to ensure the proposed changes are in line with the City’s Zoning and Development Code. 

10. What happens if I build without a permit?

Residents are not allowed to build without a permit within the City of Espanola. If you are caught building without a permit, the City will require you to stop all construction activities until a permit is obtained. If you are denied a permit, a Notice of Violation will be issued requiring you to remove the construction. If corrective action is not taken, a summons will be issued requiring the property owner to appear in Municipal Court.

11. What is a Site Plan?

The City requires a site plan for all development projects that require a permit. A site plan is a detailed graphic and written document that illustrates how the applicant plans to develop the property. Site plans submitted should include the property’s address and legal description; lot line locations; all existing structures and their square footage; all proposed structures and their square footage; distances between existing/proposed structures and other structures and lot lines; utilities; easements and a north arrow. The site plan will be specific to your property - an example site plan can be found here.

12. Should I report a neighbor who is building without a permit?

Our community is stronger when the City and its residents work together. If you suspect someone is building without a permit, you can call our Code Enforcement Officer at (505) 747-6081. You can request to remain anonymous, and the property owner will never know who filed the complaint.

13. Can I locate a mobile or manufactured home on my property?

Mobile and manufactured homes can be placed in all residential zones (R-1, R-2, R-4, R-6). Mobile and manufactured homes are not permitted in the Commercial Zones B-1, B-2, and B-3, or the ROI-Residential-Office-Institutional zone. The placement of mobile and manufactured homes does require a permit, and generally cannot be placed on the same legal lot as an existing home.

14. What types of livestock can I have on my property?

Agricultural and ranching activities are only permitted in the R-1 and R-2 zones. The types and numbers of livestock allowed are based on the total lot area. The ratios can be found in Section 614 of Chapter 350 of the Municipal Code. To determine your zone, visit our Interactive Map Gallery for access to our Zoning Map.

15. Can I split or subdivide my property? What is the process to do so?

It may be possible to subdivide an existing lot if there is enough overall area and street frontage. Minimum lot sizes vary by zone district and all resulting new lots must have street frontage. The procedures for subdividing a property into two or more lots can be found Chapter 294 of the Municipal Code.  You are advised to make an appointment with the Planning Director to discuss your property's possibilities.

16. What are easements? Who enforces an easement?

An easement is a legal right to use another person's land for a specific limited purpose. An easement grants the legal right to use the property, but the legal title remains with the owner of the land. Disputes over easements are civil and handled by the Courts, not the City of Española.

17. What permits do I need to add on to my house or build a garage, carport, or other accessory structure?

You will need to obtain a Site Development permit from the Planning and Land Use Department prior to adding on to a house or building an accessory structure. The permit application fee is $25, and the application form is available online in our Document Center or at City Hall.

18. How do I determine if my property is in a floodplain?

The City is currently working on making flood plain information available to our residents. In the meantime, flood zone information is available from the Planning and Land Use Department. Our office is located next to City Hall at 409 N. Paseo de Oñate, 8am-5pm, Monday through Friday, except holidays.

19. The changes I want to make to my property require a variance from the Zoning Code. What is the process to obtain a variance?

In order to obtain a Variance, residents and business owners will need to request review from the Planning and Zoning Commission. Visit our Planning Commission page for the application, deadlines and scheduled meetings, or make an appointment with the our Development Planner at (505) 747-6082.

20. What are setbacks? What are the setbacks for my property?

A setback is the required distance which a building or other structure is set back from a property line or other defining feature. Setbacks vary by zone; therefore, your setback can be determined by first locating what zone your property is designated through our Interactive Zoning Map and secondly, referencing the Site Development Requirement Table within Municipal Code, Chapter 350: Zoning & Development .

21. I want a sign for my business, what size can I have?

Allowable signage varies by zone as well as sign type. The City’s Sign Ordinance can be found in Section 900 of Chapter 350 of the Municipal Code. Our staff is happy to assist you and answer any question you may have as you begin designing a new sign for your organization or business.

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Planning & Land Use - Code Compliance

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1. How do I report a nuisance or code violation?

A nuisance or code violation can be reported by contacting the Code Compliance Officer at 505.747.6081.

2. Can the city place a lien on my property due to a violation?

The city has legal authority to take action to abate nuisances on your property if you fail to do so. Any costs incurred by this action can be recovered by placing a lien against your property, which is field with the County Clerk.  

3. A neighbor is running a business out of their home, do they need a permit to do so?

Home based businesses are generally allowed but most obtain a business registration from the City Clerk. Some businesses are not allowed in any residential zone: Contractors yards; salvage yards or junkyards; auto repair and paint and body shops. 

4. How do I report graffiti?

Graffiti can be reported to the Graffiti Officer Gary Maestas at gmaestas@espanolamunicourt.com or at 505.747.6091.

5. Who should I call for barking dogs?

Barking dogs and any other animal concerns should be directed to the Animal Control Officer at 505.753.6106.

6. Are my complaints confidential?

Yes. The Code Compliance Officer or other staff member will perform a field check to investigate your complaints. If a property is not in compliance with the City Code, we work try to work with the property owner to bring it into compliance, based on the violation observed by city staff.

7. Do I need a permit to install a fence or wall on my property?

Yes. A site Development Permit is required for all construction, including fences/walls etc. Fences/walls higher than 6' are generally prohibited without special permission. After the Site Development Permit is obtained, a construction permit may be required from the New Mexico Construction Industries Division. Contact our office for assistance.

8. I am not the property owner. Why am I receiving this violation?

Notice of Violations are sent to the property owner(s) of record as maintained by the County Assessor. In order to resolves the issue, we will also post the notice or share with tenants, if we have that info. 

If you are not the property owner/tenant or recently sold the property, please contact the Code Compliance Officer at 505-747-6081.

If you have no past or present connection to the property, we recommend contacting the county to resolve the issue.

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Planning & Land Use: GIS & Addressing

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1. What is an ADDRESS VERIFICATION FORM, and why do I need one?

An ADDRESS VERIFICATION FORM, sometimes referred to as an E9-1-1 Form, is confirmation that a physical address exists and/or is accurate. It does NOT, however, confirm a person's residency. The form validates the address provided by the requester and notes the property in which it is associated with. It also identifies whether the structure is residential or commercial; whether it is within corporate boundaries; specifies county and notes any previous address. This form is usually requested by utility services departments, USPS, banks, schools, Motor Vehicle Division and other organizations and entities wanting address validation. The form is requested through Planning & Land Use and has a $5 fee.

2. Why am I having trouble receiving mail services at my physical address?

It may be that your physical address has never been entered into the USPS National database, or is not set-up for route delivery. To get your address into the database, the USPS is requesting an Address Verification Form from our office. Once you submit it to their office, they enter it and upload it. Further questions regarding their process or mail concerns can be made to the Post Master at the USPS Office, 1010 Industrial Park Road or at 800.275.8777.

3. How do I find the property owner?

It is first important to understand that property (parcel) information is created and maintained by the corresponding county. They in turn provide that data to our office at least once a year; therefore, for the most accurate ownership information or plat requests, contact the county Assessor's office with a UPC#. Feel free to use our Address & Boundary Interactive Map to determine the county and locate a UPC# by physical address.

4. How do I get a UPC# to a property?

You can search an address via our ADDRESS & BOUNDARY interactive map. Simply search and select the address within the SEARCH window. The map highlights the location and displays a pop-up box. ZOOM TO within the that box and click the property parcel (NOT the address). A new pop-up box appears; the UPC # is sometimes noted as CODE or PARCELNBR.

5. There is an address discrepancy within your map.

Every effort has been made to provide the most accurate information; however, due to a vast amount of address changes 10+ years ago, it is possible that there may be inaccurate or missing information. The best way to resolve this is to contact the GIS Specialist with your concern. The address will be researched and then a determination and necessary updates will be made and reflected on the map(s).

6. How do I get a map or data that is not shown on your website?

Our data is constantly being collected and worked on; therefore, it may exist, and not yet made available to the public, or it is still in progress. If there is specific data you hope to receive, simply contact the GIS Specialist to make the request. Every effort will be made to respond within 72 hours.

7. How do I get numbers for my home?

It is the duty of the owners and occupants of every house in the City to place in a visible location from the street, figures at least 2 1/2 inches high, showing the number of the house. (Municipal Code 154: Buildings, Numbering of, Section 3: Duty to Place Numbers on House) Numbers can typically be found at any local hardware store and the Planning Office has some numbers available as well.

8. Who do I contact to get a street sign erected?

Street signs can be requested through the Public Works Department, Street Division at 505-747-6093, or by making a request through their webpage.

9. How do I prove that my address has changed?

With an ADDRESS VERIFICATION FORM your current and correct address is validated. The form notes the property in which the address is associated with, and when possible, notes an alias or previous address. (see GIS & Addressing)

10. Google has my address wrong, or shows my location incorrectly. Why?

Google and other mapping agencies capture their own data and do not rely on the official data source -- the City.  Please use the address as assigned by the City and not Google.  If you are concerned that typing your physical address does not pin-point your correct location, Google accepts requests for map correction.  Follow their direction by clicking here.

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Planning Commission

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1. What are the yellow signs all about?

Yellow Public Notice signs are posted 15-days prior to a scheduled meeting and are indications that the property owner is requesting some sort of review from the Planning Commission.  If you see a yellow sign and have interest regarding any development on the property, you are advised to safely pull-over to a location where the sign can be read.  It provides a brief summary of the request, applicant's name and meeting information.  Additionally, all meeting information is published in the Rio Grande Sun 15-days prior and posted within the city's website at a minimum of 72-hours prior.  Information can also be obtained by calling 505-747-6103.

2. Why was I not notified of a public hearing?

The applicant(s) is/are required to notify all property owners (as recorded with the county assessor) within 200' of the subject property.  The notification of the meeting date, time and location should be mailed at least 15-days prior to the public hearing.  Our ownership and mailing data is obtained through County records; therefore, if you are a property owner within 200' and did not receive a letter of notification, the County may have the incorrect mailing address.  Notification letters are sent to property owners - not tenants!

To provide notification to interested parties outside of the 200', notification requirements include the posting of a yellow Public Notice sign on the property, and publication of the request within the Rio Grande Sun, or other local newspaper of general circulation, at least 15-days prior to the scheduled meeting.  Agendas are also posted on the city's website at least 72-hours prior.

3. Can I appeal the Commission's decision?

Yes. Any party wanting to appeal the Commission's decision, shall file a written notice within 15-days following the date of action. The day following the meeting shall be the first day, and the 15-day period shall end at the close of business on the 15th day. The written notice should be filed with the Planning Department and shall suspend further action until the appeal is heard and acted upon.  The written appeal will be forwarded to the City Manager who will advise the City Council of the notice of appeal.  The City Council will then set a date for the public hearing. The appeal form is available here.

4. Will I be able to speak during the hearing?

Yes.  Public Hearings are held in a quasi-judicial manner with sworn testimony, consistent with the laws of New Mexico. The Chairman will open each case, after which the Staff and Applicant will present to the Commission and answer their questions. Neighboring Property owners and the general public are given opportunity to ask questions and make statements as well.

5. I have questions or concerns, but I cannot attend the meeting.

Your questions and concerns are important, and you have a right to be heard.  If you cannot attend the meeting, you can call one of the City Planners to ask questions and voice your concerns. You are also able to provide a written response to be forwarded to the Commission and included with the case file, but please note that written comments do not carry the same weight in the Public Hearing, unless you are also there to answer questions.