Verbatim from the public record. The law itself is a government work — always confirm the current version on the official source before you rely on it.
Limitation of county and municipal restrictions on solar
collectors.
A. 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.
ANNOTATIONS
Effective dates. — Laws 2007, ch. 232 contained no effective date provision, but,
pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the
adjournment of the legislature.
Regulation by homeowners’ association. — Subsection B of Section 3-18-32 NMSA
1978 allows a homeowners’ association to regulate the installation or use of solar
panels so long as the regulations do not "effectively prohibit" their installation or use.
The phrase "effectively prohibit" includes restrictions on the installation or use of solar
panels that make such installation or use unreasonably difficult or costly. 2011 Op. Att’y
Gen. No. 11-02.
ARTICLE 19
Planning and Platting