City cites local land developer for erecting fence near dog park

Landowner will not be fined if he takes down the fence or applies for a permit for it

The city of Santa Fe cited the owner of a parcel of land adjacent to a popular dog park for constructing a fence without proper authorization, plus other alleged infractions.

Local developer Carlos Garcia had installed a barbed-wire fence leading into his six-acre property next door to the Frank Ortiz Dog Park early this month, after efforts to donate the property to the city fell through between 2020 and 2021 and efforts shifted toward potentially developing the site.

The property, some say, been used as a de facto part of the park for decades, leading to a public outcry when knowledge of the fence became public.

Though Garcia told The New Mexican the fence is being removed, city spokesman Dave Herndon on Thursday confirmed Garcia was cited for constructing the fence without obtaining a building permit — in addition to constructing the fence in a floodplain; placing a fence across an arroyo; using prohibited materials (barbed wire); and cutting and removing significant trees.

Herndon said Garcia will not be fined if he takes down the fence or applies for a fence permit.

Garcia, who earlier this week said he still hopes to donate the land, told The New Mexican Thursday he is “in the process to rectify” the problems identified by the city.

“It is unfortunate that it was handled that way, but we will comply,” He said.

The citation is the latest chapter in a story that started some 16 year ago when Garcia purchased the land with the intent to develop it into housing.

But after noticing how popular the land was for area dog lovers, Garcia said his desire shifted toward preserving the space as a portion of the dog park.

Garcia previously approached the city about donating the land in 2020, but a formal donation proposal was never discussed.

The city in 2021 decided not to move forward on the potential donation after an engineering firm reported the land would need not only remediation, but an environmental study before it could be accepted.

The property previously held a landfill.

Community dog lovers contend the land should remain open for public use and were particularly concerned about the barbed wire fencing. Representatives for the Dog Park Project, a local nonprofit dedicated toward preserving Frank Ortiz Dog Park, said the fence recently resulted in an injury to a resident’s dog.

Amy Rose emailed Garcia to inform him her goldendoodle had run into the fence, resulting in cuts to the dog’s tongue and gums.

“Naturally I will avoid the fenced area,” she wrote. “But I imagine plenty of dogs won’t see it and get injured with scrapes and gashes. Might there be a different solution?”

Members of the nonprofit were at the site on Tuesday lining the fence with caution tape as an alert.

Jane Larson, director at The Dog Park Project, wrote in an email the fence constituted a “clear and present danger to dogs and people at the park” and requested the fence’s removal.

“And if he intends to offer his parcel of land to the City of Sante Fe as a donation, we ask that he approach the City with a written proposal and indicate his willingness to sit down at the table with the Mayor, the City Councilors and The Dog Park Project,” Larson wrote.