New Mexico Solar Rights Act Permit Limitations

NMSA 47-3-4 declares solar energy a property right and protects installation against unreasonable restrictions. NMSA 3-18-32 limits county and municipal authority to restrict solar collectors, prohibiting ordinances that effectively bar solar installation. Local governments may impose reasonable, narrowly tailored aesthetic or safety regulations but cannot ban solar systems on residential property. Permits for electrical interconnection and structural mounting follow CID-adopted codes including the National Electrical Code. Building permit fees must be reasonable and not designed to deter solar adoption. Homeowners installing solar still need standard electrical and structural permits but cannot face arbitrary denials based on aesthetics or covenants conflicting with state policy.

Local ordinances that effectively prohibit solar collectors are void and unenforceable under NMSA 47-3 and 3-18-32. Affected homeowners can seek declaratory and injunctive relief in court.