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Taos County affirms Allsup’s permit for El Prado site, adds conditions on tanks, night-sky rules and a final environmental review
Summary
After hours of public testimony on traffic, water and dark-sky impacts, the Taos County Commission affirmed the planning commission’s approval of a special use permit for an Allsup’s gas station and convenience store in El Prado, adding conditions including a 150-foot tank setback from the acequia and a final environmental assessment.
The Taos County Board of Commissioners voted to affirm the Taos County Planning Commission’s July approval of a special use permit for a proposed Allsup’s (Allsubs/BW Gas & Convenience LLC) gas station and convenience store at the intersection of New Mexico 150 and 522 in El Prado, but attached three conditions before the project can move to construction.
The motion, made after an extended public hearing and a brief executive session, requires the applicant to place underground petroleum storage tanks at least 150 feet from the nearest bank of the Manuel Andres acequia, to comply with the county’s Night Sky Protection ordinance (and any future iterations), and to submit a final, not-draft, environmental site assessment prior to construction. Planning staff told commissioners the applicant had already revised plans in response to prior staff comments and NMDOT review, and that the planning commission had approved the project with conditions on access and permitting.
Residents who opposed the project told the commission the development would be incompatible with the semi‑rural character of Upper Las Colonias, threaten acequia and private well water, and introduce persistent bright lighting and noise. "This proposal is not compatible with our vision, our neighborhood zoning, or the overall Taos County zoning," Cardinal Reager, a board member of the Upper Las Colonias Neighborhood Association, told the commissioners during the appellant presentation.
The applicant and its consultants disputed several of those claims and pointed to technical reviews and permits. "We will have spent $8,000,000 in development costs," Kevin Fannin, an Allsup’s representative, said, listing projected employment (18–24 jobs) and a roughly $75,000 annual county gross-receipts tax contribution. Applicant representatives also said they had obtained NMDOT access permits and had revised lighting to meet dark-sky guidance (lower color temperature and fixture shielding).
Planning staff summarized the record and noted that the application had been revised and deemed complete on June 24, 2024; staff recommended either affirming the planning commission’s decision or affirming with conditions. The board’s conditions reflect several recurring community concerns: protection of the acequia, enforceable lighting controls, and a complete environmental assessment before any ground disturbance.
The decision ends this appeal step but leaves implementation details and permit compliance to subsequent administrative steps, including final engineering, septic permits, and recorded agreements with the acequia association as required by the planning-commission approval. The applicant indicated willingness to comply with the conditions and with future updates to the county’s night-sky rules.
The commission’s action follows more than four hours of public testimony from neighbors, local business owners and technical witnesses who debated traffic study methodology, roadway geometry, signage, site coverage, and possible groundwater risks. Planning staff and the applicant emphasized that many technical items remain to be resolved through required permits and engineering prior to construction.
