Renewable Energy - 2007 Amendments to the Solar Rights Act of 1978

ECMD Contact: Mark Gaiser
(505) 476-3318
Mark.Gaiser@state.nm.us

New Mexico's 2007 Legislative Session passed a wide variety of laws and initiatives to move forward in clean energy including the Solar Collector Definitions and Restrictions Bill which amended sections of the Solar Rights Act of 1978:

  • Amendments were established through the enactment of House Bill 611 and Senate Bill 1031. The amendments to the existing Solar Rights Act serve to prohibit cities from passing ordinances or codes and homeowners' associations from passing covenants that forbid solar installations, with the exception of historic districts.
  • The amendments to the Solar Rights Act were effective in March 2007 and are retroactive to July 1, 1978.

For more information about the amendments to the Solar Rights Act and how to acquire your solar rights, please view the following link: Protect Your Solar Rights (brochure).

Complete the Solar Rights Declaration and provide it to your County Clerk's office.

Energy, Minerals and Natural Resources state document: Solar Collector Definitions and Restrictions

Additional Information
The Solar America Board for Codes and Standards (Solar ABCs) published a comprehensive review of solar access law in the U.S. The study recognized the State of New Mexico as having an exemplary solar access law. Please see the attached full-length report HERE and a two-page summary is available HERE.

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