Change of Use / Change of Occupancy Permit — Gallup, New Mexico · Requirements sheet
Verified 2026-07-23 · Source: https://www.gallupnm.gov/DocumentCenter/View/56
PermitBase is an independent reference and is not affiliated with any government agency. Requirements change and vary by project — confirm current details with the building department before you submit.
Change of Use / Change of Occupancy Permit in Gallup, New Mexico
Gallup addresses a change of use through two distinct, independently-verified tracks depending on what the change triggers. (1) Zoning: if the proposed use is not permitted-by-right in the property's zoning district, a City of Gallup Conditional Use Permit (Land Development Standards Section 10-5-B-d-iii) is required from the Planning & Zoning Commission — e.g., multi-family use requires this. (2) Building/fire code: if the change places the structure in a different occupancy group or division (International Fire Code Section 102.3, as amended by Gallup Ordinance No. C2024-1, and IEBC Chapter 10 / 14.7.7 NMAC, New Mexico Existing Building Code), the structure must comply with the currently-adopted New Mexico Commercial Building Code or Existing Building Code, subject to Fire Code official approval, and no occupancy classification may change until a Certificate of Occupancy or approved final inspection is issued (14.5.3.13 NMAC) — a function now performed by CID rather than the City, since Gallup's own certified building official position was not filled after the July 6, 2026 transition. A given project may require one or both tracks.
Verified 2026-07-23 · Source
When you need this permit
- Zoning track: a Conditional Use Permit is required when the proposed use is not permitted-by-right in the applicable zoning district (e.g., multi-family use), per City of Gallup Land Development Standards Section 10-5-B-d-iii
- Zoning track: only the property owner (or their agent) may apply, and a pre-application conference with the Planning & Development Director is required first
- Zoning track: application must include the property's legal description, current zoning designation, a written statement of compliance with the Conditional Use criteria (Section 10-5-B-d-iii-2), and a site plan drawn to scale showing structures, ingress/egress, parking, utilities, and screening/landscape buffers
- Zoning track: applications are due by the second Friday of the month to be heard the following month; the applicant or a representative must be present at the Planning & Zoning Commission hearing or the request will not be heard
- Building/fire-code track: changing a structure's occupancy group or division requires compliance with the currently-adopted New Mexico Commercial Building Code or Existing Building Code, and is subject to Fire Code official approval under amended IFC Section 102.3; a less-hazardous-use change may be allowed without full code conformance at the Fire Code official's discretion
- Building/fire-code track: a City of Gallup Site Development Permit (zoning/infrastructure prerequisite) is required before CID will accept the building-permit application, per the City's July 2026 CID Transition process used for other general-construction-adjacent permits in this jurisdiction
- Building/fire-code track: no change in occupancy classification is allowed until the building official (now CID, post-transition) issues a Certificate of Occupancy or an approved final inspection — 14.5.3.13 NMAC
- A Temporary Certificate of Occupancy may be issued for a 30-day period (or longer if approved), extendable up to a maximum of 12 months — 14.5.3.13 NMAC; a C/O does not guarantee compliance with other agencies' requirements (fire marshal, environmental, health) and can be revoked or suspended if issued in error
Required documents
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Fee schedule
Review timeline
Inspection process
- 1
Final Inspection / Certificate of Occupancy Inspection
Verifies the structure complies with the applicable code for its new occupancy classification; no occupancy change is permitted until this inspection is approved and a C/O or approved final inspection is issued, per 14.5.3.13 NMAC
- 2
Fire Code Official Inspection
Verifies compliance with the amended IFC Section 102.3 change-of-occupancy provisions, particularly where the new use is more hazardous (life/fire risk) than the existing use
See the full Gallup inspection guide — scheduling & re-inspection fees →
Tips
- Determine which track applies before starting: a use change that is not permitted-by-right in your zoning district needs a Conditional Use Permit from Planning & Zoning; a use change that shifts the building's occupancy group/division needs code-compliance work and a Certificate of Occupancy, now issued by CID rather than the City. Some projects need both.
- The Conditional Use Permit has a hard monthly cutoff — applications must be in by the second Friday of the month to be heard the following month, and the applicant (or a representative) must attend the hearing in person or the request will not be heard.
- The $150 Conditional Use Permit fee only guarantees your request will be processed — it does not constitute approval.
- Because the City of Gallup no longer employs a certified building official as of July 6, 2026, code-compliance review for an occupancy change (and the resulting Certificate of Occupancy) now routes through CID, following the same Site Development Permit prerequisite used for this jurisdiction's other general-construction-adjacent permits.
Frequently asked questions
Sources & verification
Verified against official sources. Last reviewed 2026-07-23.
Fees, timelines, and adopted codes are researched from each jurisdiction's published records — see how we verify. Requirements change and vary by project, so always confirm the current details with the Gallup building department before you submit. PermitBase is an independent reference and is not affiliated with any government agency.
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