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Home » US Law » 2021 New Mexico Statutes » Chapter 74 - Environmental Improvement » Article 12 - Night Sky Protection

Section 74-12-1 – Short title.

This act [74-12-1 to 74-12-11 NMSA 1978] may be cited as the “Night Sky Protection Act”. History: Laws 1999, ch. 197, § 1. ANNOTATIONS Effective dates. — Laws 1999, ch. 197 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, is effective on June 18, 1999, 90 days after adjournment […]

Section 74-12-10 – Violations; penalty.

Any person, firm or corporation violating the provisions of the Night Sky Protection Act shall be punished as follows: A. for a first offense, the offender may be issued a warning; and B. for a second offense or offense that continues for thirty days from the date of the warning, twenty-five dollars ($25.00) minus the […]

Section 74-12-11 – Enforcement.

In order to promote the purposes of the Night Sky Protection Act and to provide uniform minimum outdoor lighting standards throughout the state, the construction industries division of the regulation and licensing department shall enforce the Night Sky Protection Act as it pertains to public buildings subject to permit and inspection under the Construction Industries […]

Section 74-12-2 – Purpose.

The purpose of the Night Sky Protection Act is to regulate outdoor night lighting fixtures to preserve and enhance the state’s dark sky while promoting safety, conserving energy and preserving the environment for astronomy. History: Laws 1999, ch. 197, § 2. ANNOTATIONS Effective dates. — Laws 1999, ch. 197 contained no effective date provision, but, […]

Section 74-12-3 – Definitions.

As used in the Night Sky Protection Act: A. “outdoor lighting fixture” means an outdoor artificial illuminating device, whether permanent or portable, used for illumination or advertisement, including searchlights, spotlights and floodlights, whether for architectural lighting, parking lot lighting, landscape lighting, billboards or street lighting; and B. “shielded” means a fixture that is shielded in […]

Section 74-12-4 – Shielding of outdoor light fixtures.

All outdoor lighting fixtures installed after January 1, 2000 shall be shielded, except incandescent fixtures of one hundred fifty watts or less and other sources of seventy watts or less. History: Laws 1999, ch. 197, § 4. ANNOTATIONS Effective dates. — Laws 1999, ch. 197 contained no effective date provision, but, pursuant to N.M. Const., […]

Section 74-12-5 – Nonconforming light fixtures.

A. In addition to other exemptions provided in the Night Sky Protection Act, an outdoor lighting fixture not meeting these provisions shall be allowed, if the fixture is extinguished by an automatic shutoff device between the hours of 11:00 p.m. and sunrise. B. No outdoor recreational facility, whether public or private, shall be illuminated after […]

Section 74-12-6 – Use of mercury vapor lighting fixtures.

No new mercury vapor outdoor lighting fixtures shall be sold or installed after January 1, 2000. History: Laws 1999, ch. 197, § 6. ANNOTATIONS Effective dates. — Laws 1999, ch. 197 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective on June 18, 1999, 90 days after adjournment […]

Section 74-12-7 – Exemptions.

A. The following are exempt from the requirements of the Night Sky Protection Act: (1) outdoor lighting fixtures on advertisement signs on interstates and federal primary highways; (2) outdoor lighting fixtures existing and legally installed prior to the effective date of the Night Sky Protection Act; however, when existing lighting fixtures become unrepairable, their replacements […]

Section 74-12-8 – Construction industries division; duties.

The construction industries division of the regulation and licensing department shall review the outdoor lighting provisions in the uniform building codes used in New Mexico and make recommendations for appropriate changes to comply with the provisions of the Night Sky Protection Act and shall permit and inspect, to the standards set forth in the Night […]

Section 74-12-9 – Costs of replacement; recovery.

If public utilities are required pursuant to the provisions of the Night Sky Protection Act or by local government ordinances to accelerate replacement of lighting fixtures, the cost of such replacement shall be included in rates approved by the public regulation commission. History: Laws 1999, ch. 197, § 9. ANNOTATIONS Effective dates. — Laws 1999, […]