7.35.2.8 (A)(7) · proof of compliance with city and county planning and zoning

Zoning, county by county

No zoning code in New Mexico names psilocybin. Each jurisdiction's code lists the uses it allows in each district, says how an unlisted use is handled, and gives someone the power to decide. This page states, for each jurisdiction worked so far, where to find a property's district, what the code says about unlisted uses, the nearest categories the 2021 cannabis amendments created, and how to get the determination in writing. The rule itself asks only for "proof of compliance with applicable city and county planning/zoning requirements." 7.35.2.8 (A)(7), p. 4

Sources read September 7, 2026. The department told its committee that "local zoning and permitting requirements must be met prior to state approval." March 11, 2026 minutes

City of Santa Fe

THE CODEChapter 14 of the city code, the Land Development Code. Article 14-4 sets the districts; Article 14-6 the permitted uses; Table 14-6.1-1 "sets forth the uses that are allowed and those that are prohibited within each zoning district." Permitted uses; Chapter 14. The city has announced a code update; the current text governs until it is adopted. Notice

FIND IT"The City's interactive GIS map has information on current zoning, overlay districts," and more. GIS

UNLISTED"Uses not explicitly listed in the table are considered prohibited unless the Land Use Director determines that the use can be included in an existing use category." Psilocybin cultivation is not listed. The path is a use determination by the Land Use Director, requested through zoningcounter@santafenm.gov with the address, the current and proposed uses, and the purpose. Same page

IN WRITINGA zoning verification letter is $75 per letter and address, requested in writing to zoningcounter@santafenm.gov; a Commercial Preliminary Zoning Review may be requested before a commercial building permit. Current Planning

NEARESTThe 2021 cannabis ordinance added a "Commercial Cannabis Establishments" category to the table. A cannabis producer is permitted indoors in I-1 and I-2, and indoors or outdoors with a special use permit in C-2 and BIP; a producer microbusiness (200 plants or fewer) is permitted indoors in C-2, I-1, I-2, BIP, SC-1, SC-2, and SC-3; light manufacturing in C-2, BCD, I-1, I-2, and BIP; heavy manufacturing with volatile solvents indoors in I-1, I-2, and BIP; a testing laboratory in C-2, BCD, I-1, I-2, and BIP; none in any residential district; hydroponics and aquaponics need a special use permit. Cannabis zoning verification, PLUD-18. These rows are the city's answer for cannabis, not for psilocybin; they show which districts the city has already found suitable for indoor cultivation, manufacturing, and testing, and they are the natural comparison to put in front of the Land Use Director.

BUSINESSThe business registration itself goes to zoning for 7 to 10 days; a use the district does not allow stops there. Business license

Santa Fe County, unincorporated areas

THE CODEThe Sustainable Land Development Code, adopted 2016 and amended 2017, Title XV, Exhibit A. Chapter 8 sets the zoning districts; Appendix B is the use matrix for the county at large; Chapter 9 governs the community districts, which may carry their own use rules. SLDC; Chapter 8, Zoning

FIND IT"Use the interactive zoning map on our website and search your property by owner name, address, or tax ID number," or call Building and Development Services at 505-986-6225. Interactive zoning map

THE MATRIX"All uses are designated as permitted, accessory, or conditional, as further explained in Table 8-4." P: permitted by right, still needing a development permit. A: accessory. C: "permitted within the zoning district only after review and approval of a Conditional Use Permit in accordance with Chapter 4." DCI: only as a Development of Countywide Impact. X: prohibited. Chapter 8, Table 8-4. Agriculture, grazing, and ranching are allowed anywhere in the county without a development permit; whether the county reads psilocybin cultivation as agriculture is the county's determination, and its cannabis mapping below did not read cannabis that way.

NEARESTThe county's 2021 cannabis ordinance mapped each cannabis use to an existing SLDC category rather than adding new ones: indoor cultivation to "Commercial Greenhouse"; manufacturing to "Food, Textiles, and Related Products"; testing and research laboratories to "Research and Development Services (scientific, medical, and technology)"; outdoor cultivation permitted in the Agriculture/Ranching district and conditional in Rural Fringe, Rural Residential, Residential Fringe, and Traditional Community zones. Cannabis and Community Districts; Ordinance 2021-03. The same three categories are the ones to look up in Appendix B for a psilocybin facility, district by district, and the ones to name when asking the county how it will classify the use. Contact for the cannabis mapping: ncrail@santafecountynm.gov, 505-986-2452.

IN WRITINGThe county's business license page makes the zoning check the second step and names a Commercial Development specialist as the contact; a use the matrix marks C goes to a conditional use permit before anything else. Six preconditions apply to any development permit: zoning, a legal lot of record, the property's condition, no unresolved unpermitted development, emergency vehicle access, and height and setbacks. Getting started

DISTRICTSChapter 8 names, among others, Agriculture/Ranching (A/R), Rural (RUR), Rural Fringe (RUR-F), Rural Residential (RUR-R), Residential Fringe (RES-F), Residential Estate (RES-E), and Residential Community (RES-C), each with its own row in Appendix B. The Rural Fringe district is "designed for a combination of estate-type residential development, agricultural uses and other compatible uses." Chapter 8

Other counties and cities

Not yet written. Each entry will carry the same six rows: the code, where to find the district, how unlisted uses are handled, how to get it in writing, the nearest categories the jurisdiction has already classified, and the business-license link. Bernalillo County and the City of Albuquerque are next, because the rule's own example of a conditional use permit is Albuquerque's. Conditional use