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Taos County commission affirms planning commission on contested lot-split appeal
Summary
After extensive testimony and an executive-session deliberation, the board voted to affirm the planning commission's earlier decision to uphold the planning director's approval of a family transfer exemption affecting a 25-acre parcel divided into 12 lots.
The Taos County Board of County Commissioners voted on Jan. 14 to affirm the Planning Commission's earlier decision in an appeal of a family transfer exemption approval, leaving the planning director's administrative approval in place.
Vice Chair moved to affirm the planning commission's findings from its Oct. 1, 2025 decision; the motion was seconded and carried by a majority after executive-session deliberations. County staff reported the proceeding stemmed from a district court remand that restored the appellants' administrative appeal rights. Planning staff had reminded the board that under Land Use Regulation 11.6 the BOCC typically affirms, reverses or remands based on the administrative record.
Commissioners heard more than an hour of testimony from neighborhood appellants who urged conditional approval to require water availability assessments, engineered arroyo crossings, and road and fire-access standards before future development. The applicant's attorney and agent argued the lots had been properly approved under existing FTE rules and cautioned against imposing case-specific conditions during an appeal.
After returning from executive session the board announced it would affirm the planning commission decision; no case-specific conditions were added. Staff told commissioners they will coordinate with county counsel on possible regulatory revisions for family transfer exemptions and return with recommendations.
