A Santa Fe County hearing officer heard testimony on an application to allow development on a ridge-top that staff says was graded and disturbed without a permit. Building Development Services staff told the hearing officer the applicant had been issued a notice of violation and later applied for a retroactive permit to stabilize the disturbance but that the county’s land-use code does not support ridge-top construction where other buildable areas exist. Staff therefore recommended denial.

The staff presentation said the property is roughly 13 acres of undeveloped land and that the initial grading and placement of a power pole were performed without county approval. Staff told the hearing officer that the retroactive permit included a condition requiring the disturbed land to be restored and revegetated; staff noted the applicant submitted a seeding and stabilization plan but that site visits show no visible revegetation to date.

Benny Martinez, who identified himself as a licensed civil engineer representing the applicant, said the owner (his sister) hired an electric cooperative to place the pole to make the property more marketable and that the family was not familiar with county permitting requirements. Martinez described measures taken after the violation, including seeding, compost placement and a berm to prevent runoff, and said the family has repeatedly removed illegally dumped trash from the property.

Martinez also presented a conceptual site plan for a 1,200-square-foot dwelling with 25-foot setbacks on steep sides and an emergency vehicle turnaround. He said the power pole and a water meter already exist near his preferred site and that a buyer would still be required to obtain full county permits. "All we're asking for is, yes, we can see you can build on this property in this spot," Martinez said.

Staff and the hearing officer questioned whether the applicant had clearly demonstrated the setback and whether truly buildable alternative sites exist lower on the parcel; staff pointed to images and exhibits showing alternative build areas and reiterated that county policy disfavors ridge-top development when other buildable land is available. Staff member Karen Gobster (named in the record) stated the variance is required because the county does not allow ridge-top development if there are other buildable areas on the property.

No members of the public in person or online requested to speak. The hearing officer took the matter under advisement and said a written decision with findings of fact and conclusions of law would be issued within 15 business days.