Legal Lot of Record
Establishing your property’s legal lot of record (LLR) is required when applying for a building permit or development review, i.e., a land use permit. Without LLR, the permit and review process will not proceed, and the City cannot determine whether your application meets code standards such as lot coverage, setbacks, or density.
The City of Santa Fe’s Land Development Code (the Code) requirements and any development approval made under its authority apply to each LLR. The City requires proof of LLR for building permits, development review, and administrative review applications such as lot line adjustments, lot splits, and lot consolidations. The applicant is responsible for providing complete and clear documentation of LLR with their application.
What is a legal lot of record?
A lot that was created prior to the effective date of the City’s Code, which was first adopted on December 5, 1962 (see Pre-Code Lot).
A lot that was created as part of a subdivision of land in accordance with the City’s Code.
A lot created by a court order, as provided in Section 14-3.7(A)(6).
A lot for which a certificate of compliance has been issued pursuant to Section 14-3.7(A)(7)(b).
An LLR must be adequately and accurately shown on a plat or other written instrument, such as a warranty deed, and be duly recorded with the county clerk. (Ord. No. 2013-16 § 66)
Pre-Code Lots
The City of Santa Fe adopted its first Land Development Code or Zoning Ordinance on December 5, 1962. Any lot created prior to December 5, 1962 (Pre-Code) is considered a legal lot, and if the plat or written instrument is recorded in the office of the County Clerk, it is considered a legal lot of record.
A Pre-Code lot may not comply with all current Code standards, such as minimum lot area. This type of lot is considered “legally non-conforming” per Section 14-10.4. A legal non-conforming lot enjoys the benefits of development similar to its “legally conforming” counterpart, however any new development on legal non-conforming lots may be constrained due to lot configuration, size, shape, topography or existing conditions that relate to land or structures. New developments on legal-nonconforming lots must meet current code standards and cannot increase or expand any existing non-conformities. If you own a Pre-Code lot please consult with the Planning Division at planning@santafenm.gov prior to submitting your application.
Instruments of Record
Any lot created after December 5, 1962, must have obtained City approval and been recorded in the Office of the County Clerk to qualify as an LLR.
The City accepts the following instruments of record to establish LLR.
- Plat of survey with City signatures of approval. Note: The City approval signature block should not be confused with the County Clerk recording stamp and seal. The recording stamp contains the date, time, plat book, page number, instrument recordation number and County Clerk seal when the plat was entered into the public record. The City signature block contains signatures of a City planner, City Land Use Engineer, and possibly various other signatures depending on the plat approval process, such as the Mayor, Planning Commission, or Public Works.
- Plat of survey that accurately describes the lot in question in its current boundary configuration and was recorded prior to the effective date of the Code (December 5, 1962).
- A warranty deed that accurately describes the lot in question in its current boundary configuration and was recorded prior to the effective date of the Code (December 5, 1962).
- Note: For items 2 and 3 (Pre-Code Lots), the plat and/or deed will likely not contain a City signature block, but only the County Clerk recording stamp and seal, and only if it was recorded and made part of the County Clerk records.
- Provide instruments of record listed in items 1-3 for all adjoining properties surrounding the lot, thereby identifying the lot as legal by exclusion.
- Note: The applicant must provide documentation for all adjoining lots that share property line(s) with the lot in question. Establishing a legal lot by exclusion must show that all adjoining property lines are either City-approved or legally non-conforming (established before December 5, 1962). If a legal lot by exclusion is established, the City can issue a Certificate of Compliance.
- In policy and practice, the City will also consider other instruments of record to establish LLR, including:
- Kings Map
- Scanlon Map
- Walter Turley Plat
- Acceptance of these instruments of record must be reviewed and approved by the City to ensure that they accurately describe the lot in question in its current boundary configuration.
- The City recognizes a legal lot of record that was properly partitioned, partially condemned, divided, or altered by court order as provided in Chapter 42 NMSA 1978.
Remedy for illegal or unrecorded lots - Certificate of Compliance
If a lot is not shown on a city-approved subdivision plat but rather is verified through other documentation, including deeds, unrecorded plats, or public notice plats, the Land Use Director may approve a certificate of compliance to establish the lot as a legal lot of record. The certificate of compliance describes the lot, the circumstances of its creation, and the documentation and applicable regulations on which the determination of compliance is based.
If a lot was created in violation of the procedural requirements of SFCC 1987 Section 14-3.7 Subdivisions of Land, the Planning Commission has the authority to approve a certificate of compliance for an LLR. The Commission must determine that the lot, or contiguous lots, comply with all other applicable standards of Chapter 14 or impose conditions of approval necessary to ensure such compliance. Upon meeting any conditions of approval and recordation of the certificate of compliance, the lot becomes a legal lot of record.
Instruments that do not establish a legal lot of record:
- “Public Notice” Plats or Surveys
- Improvement Location Reports (ILRs) or Improvement Location Certificates
- Prior Building Permits or Certificates of Occupancy
- Unrecorded instruments such as, quit claim deeds, deeds or wills.
- Quiet Title lawsuit
For general questions on a legal lot of record, please contact the Planning Division at zoningcounter@santafenm.gov