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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.