New Mexico Solar Easements & Rights Laws

October 23, 2023

Summary

New Mexico's Solar Rights Act (1977) and Solar Recordation Act (1983) allow property owners to create solar easements for the purpose of protecting and maintaining proper access to sunlight. The Solar Rights Act established the right to use solar energy as a property right. The solar right prevents neighboring property owners from constructing new buildings or planting new trees which would block their access to the sun.

The Solar Recordation Act describes the procedures for filing a solar right through the County Clerk's Office. The property owner seeking the solar right must give advanced notice to the adjacent property owners, who are entitled to contest the claim. Once awarded, the solar right is attached to the property and will remain in effect even if the property is sold. The solar right, however, can be bought and sold separately from the property. This allows a neighboring property owner to purchase the solar right and then cancel it. The Solar Rights Act and the Solar Recordation Act also include provisions allowing local governments to create their own ordinances or zoning rules pertaining to the protection of solar rights.

In May 2007, S.B. 1031 strengthened solar access rights in New Mexico by limiting the ability of a county or municipality to restrict the placement of solar collectors unless the location is within a historic district. S.B. 1031 also voided all covenants and restrictions (from July 1, 1978 forward) that effectively prohibit the installation of solar collectors.

Program Overview

Implementing Sector:	State
Category:	Regulatory Policy
State:	New Mexico
Incentive Type:	Solar/Wind Access Policy
Web Site:
Administrator:
Start Date:
Eligible Renewable/Other Technologies:	Solar - Passive Solar Water Heat Solar Space Heat Solar Thermal Electric Solar Thermal Process Heat Solar Photovoltaics Solar Pool Heating

Authorities

Name:	N.M. Stat. § 47-3-1 et seq.
Date Enacted:	1977 (subsequently amended)
Effective Date:	01/01/1978

Name:	N.M. Stat. § 3-18-32
Date Enacted:	04/03/2007

Contact

Name:	Erica Velarde
Organization:	NM Energy, Minerals and Natural Resources
Address:	1220 South St. Francis Drive Santa Fe NM 87505
Phone:	(505) 476-3313
Email:	Erica.Velarde1@state.nm.us

This information is sourced from DSIRE; the most comprehensive source of information on incentives and policies that support renewables and energy efficiency in the United States. Established in 1995, DSIRE is operated by the N.C. Clean Energy Technology Center at N.C. State University.