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Las Cruces, NM Solar Energy: HOA Restrictions (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified July 2026

Key Facts

State Law
Solar Rights Act §§47-3-1 to 47-3-5
Municipal Limit
NMSA §3-18-32
Void Covenants
Solar bans after 7/1/1978
HOA Power
Reasonable placement rules only
Exception
Historic-district placement

Summary

New Mexico's Solar Rights Act protects solar in Las Cruces: HOAs and the city cannot effectively prohibit solar collectors, and any covenant recorded after July 1, 1978 that blocks solar is void. Reasonable placement rules are allowed; historic districts are the exception.

A county or municipality shall not restrict the installation of a solar collector as defined pursuant to the Solar Rights Act [47-3-1 to 47-3-5 NMSA 1978], except that placement of solar collectors in historic districts may be regulated or restricted by a county or municipality.

Source: Las Cruces Municipal CodeView official code

Full Breakdown

Under New Mexico's Solar Rights Act (NMSA §§47-3-1 to 47-3-5) and NMSA §3-18-32, neither a homeowners association nor a municipality may effectively prohibit installing a solar collector. Any covenant, restriction, or deed condition effective after July 1, 1978 that effectively prohibits solar is void and unenforceable. An HOA may adopt reasonable placement and aesthetic rules, but a 2011 New Mexico Attorney General opinion holds it may not make solar unreasonably difficult or costly. The one statutory exception lets cities regulate solar placement in historic districts: in Las Cruces that means the South Mesquite Overlay District (LDC Sec. 38-49.2).

Violations & Fines

An HOA covenant that bans or effectively prohibits solar is void and unenforceable, so a homeowner may install despite denial; only reasonable placement rules and historic-district review remain enforceable.

Frequently Asked Questions

Can my Las Cruces HOA stop me from installing solar panels?
No. New Mexico's Solar Rights Act voids any covenant that effectively prohibits solar. Your HOA can set reasonable placement rules but cannot ban panels outright.
When is a solar covenant unenforceable?
Any covenant effective after July 1, 1978 that effectively prohibits solar collectors is void under NMSA §3-18-32, including rules that make solar unreasonably costly or difficult.
Are there any exceptions?
Yes. Cities may regulate solar placement in historic districts. In Las Cruces the South Mesquite Overlay District (LDC Sec. 38-49.2) sets historic solar rules.

Sources & Official References

Other rules in Las Cruces

Fence Regulations: Height LimitsSome RestrictionsPanel PermitsHeavy RestrictionsNoise Ordinances: Aircraft NoiseSome RestrictionsParking Rules: Driveway RulesSome RestrictionsFence Regulations: Neighbor Fence RulesSome RestrictionsFence Regulations: Retaining WallsSome RestrictionsLandscaping Rules: Artificial TurfHeavy Restrictions

All Las Cruces rules

Compare Las Cruces to another location·View the New Mexico solar energy overview

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