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Taos County adopts short‑term rental ordinance capping permits at 400 after lengthy public hearing

Taos County Board of County Commissioners · August 20, 2024
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Summary

The Taos County Commission approved Ordinance 2024‑4 establishing an annual short‑term rental permit with a 400‑unit cap, multiple exemptions and operating standards after more than two hours of public comment. Planning staff and the planning commission's recommendations on utility language and resort‑facility exemptions were incorporated.

The Taos County Board of County Commissioners on Aug. 20 adopted Ordinance 2024‑4, creating an annual short‑term rental permit, operating standards and a 400‑unit cap for unincorporated county properties. Planning staff said the ordinance provides separate tiers for owner‑occupied and non‑owner‑occupied rentals, exemptions for affordable housing and long‑term primary residents, and enforcement penalties.

Andy Jones, planning staff, told the commission the draft "permits up to the cap, we are proposing a cap of 400 units" and described how the planning commission recommended clearer utility‑service language and that owner‑occupied units be exempt from the cap. Jones said staff prepared an updated draft the night before the hearing to reflect those recommendations and added language to accommodate legal nonconforming resort facilities.

The hearing drew more than two dozen public speakers with sharply divided views. Several residents and housing advocates urged strict limits, saying short‑term rentals reduce long‑term housing and push renters out. "We have a housing crisis here in Taos," said Diane Dow, who identified herself with TALPA, and urged commissioners not to increase the cap. Housing advocates from Taos Housing Partnership and Taos Housing Partnership's staff argued regulation can quickly return units to the long‑term market.

Property owners and tourism‑sector speakers cautioned about economic impacts, particularly in resort communities. "If this ordinance passes today, we will lose our property at a loss," said Melissa Lind, a resident who said she co‑owns a permitted short‑term rental and is concerned about limits on multiple local owners.

Commissioners asked staff detailed questions about implementation, outreach and capacity. Jones said staff plans to work with vendors (Granicus and host‑compliance) on address identification and an online portal and that applications would likely be accepted beginning in October following a 60‑day effective period after recording the ordinance. He also said existing home‑occupation permits (about 220–230) will be honored if operators maintain their county business registration and comply with the new standards.

Commissioner Brush moved to approve a version that included planning commission recommendations on utility documentation and resort‑facility language; the motion was seconded and passed by unanimous roll call. The commission directed staff to prepare application documents and outreach materials, and to return with amendments if needed after implementation data were available.

What happens next: the ordinance becomes effective after recording and a 60‑day start period, staff will publish application guidance and begin accepting permits as noted.