New Mexico Statewide Rule
New Mexico Solar Rights Act Permit Limitations
Key Facts
- Solar Rights Act
- NMSA 47-3
- Local Restriction Limits
- NMSA 3-18-32
- Solar Status
- Property right
- Effective Date
- July 1, 1978
Summary
The New Mexico Solar Rights Act (NMSA 47-3) declares solar access a property right and limits how counties and municipalities can restrict solar collector installation. NMSA 3-18-32 specifically caps local restrictions on solar collectors statewide.
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. B. A covenant, restriction or condition contained in a deed, contract, security agreement or other instrument, effective after July 1, 1978, affecting the transfer, sale or use of, or an interest in, real property that effectively prohibits the installation or use of a solar collector is void and unenforceable. History: Laws 2007, ch. 232, § 1.
Full Breakdown
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.
Violations & Penalties
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.
Frequently Asked Questions
Can my city deny my solar permit for aesthetic reasons?
Do I still need permits to install solar panels?
Sources
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