Tularosa Planning and Zoning Commission Meeting Overview – Oct. 13, 2026

TULAROSA — The Village of Tularosa Planning and Zoning Commission spent much of its Oct. 13 meeting questioning a community solar developer about a draft land deal. It also found that the village has no agenda, minutes or applications on file for solar projects it appears to have approved for another company.

The commission took no action on either solar matter. Commissioners stressed that their role is to gather facts for the Village Council, not to approve projects. "We don't approve anything here," said one commissioner, addressed as Bucky, who led most of the questioning. "All our job is to do is to find facts."

The commission did vote to nominate two residents to fill vacancies, recommend approval of a short-term rental, and sign off on a roof permit that had already been completed.

Sunvest approvals with no paper trail

Commissioners laid out the history of Sunvest's community solar proposals. Sunvest first came before the commission on Jan. 17, 2024. The minutes from that meeting say no action was taken and that a special meeting would be held two weeks later to decide.

Commissioners said a search turned up no agenda or minutes for that follow-up meeting. When Sunvest contacted the village recently, the company said it had already been approved. It sent four undated letters, signed by the mayor, covering sites it calls Tularosa One through Four.

Two of the letters say the village does not exercise zoning authority in the extraterritorial zone, so the sites fall under Otero County. The other two say the village approves the projects as utility structures under Section 154.25. A commissioner said one parcel number in those letters, R05564, could not be found in Otero County records.

"There's no file on any of this that we can find," a commissioner said. "There was no application submitted." The village also does not know whether Sunvest paid any fees. The commission has asked Sunvest to submit special use and zoning applications for the sites, and said the matter will go to the Village Council.

One commissioner questioned the mayor's letters. They said anyone building within the three-mile extraterritorial zone has to file with Tularosa as well as Otero County.

Reactivate pitches village-owned land

Cutter Brewer, senior developer for the southern U.S. at Reactivate, flew in from Houston to answer questions. Reactivate wants an option to lease about 35 acres of village-owned land for a community solar project. Brewer said the company is a startup of about two and a half years and a subsidiary of Invenergy. It has built and operates one project near Chicago.

Brewer said the project would fall under the New Mexico Community Solar Program, which caps projects at 4.95 megawatts. That usually takes 22 to 30 acres. The final footprint would depend on a PNM capacity study that could take months. He said the program's Nov. 1 deadline had been pushed to Feb. 1, though he had not yet received that in writing. If approved, he said, the company hopes to have the project running in about three and a half years.

Commissioners pointed to errors in the draft documents. The option agreement described 78.7 acres in Doña Ana County and cited Colorado law. Brewer called these template mistakes and said a corrected New Mexico version would be sent before any village vote.

The commission asked that several clauses be removed or changed:

• A clause saying the village waives setback requirements
• A requirement that the village support the developer's permits, subdivision exemptions and tax abatements
• A five-mile, 500-kilowatt non-compete that would limit the village's own future solar projects
• A confidentiality clause, since village contracts are public records
• Deducting salvage value from the decommissioning costs owed to the village
• A rule that the village is deemed to agree to an estoppel certificate if it does not respond within 15 days

Commissioners also asked for a decommissioning bond, village consent before the lease is assigned, and an ALTA survey and title commitment. They raised concerns that the developer could end the lease at any time while the village could not. Brewer said many of these points would be settled by lawyers when the lease is negotiated.

Commissioners also asked whether Tularosa residents would get priority to subscribe, and what they would save. Brewer said that is outside his role and agreed to bring someone who could answer.

The draft has been sent to the village attorney. Commissioners said it needs a redline review before it goes to the Village Council.

Landcon easement swap draws long list of questions

The commission reviewed a letter proposing an exchange: an easement over a ditch at 110 Central Avenue in return for the Stogden well lot near the Y. Commissioners said the letter was "literally all we have."

The questions they raised include:

• Who would sign the easement. County records show 110 Central is owned by Lance and Robin Geiss, not Landcon Inc.
• How wide the easement would be, and who would hold it: the village, NMDOT or the Tularosa Ditch Corporation
• What culvert would be used, whether the plans would be engineered and stamped, and who would maintain the culvert
• Whether NMDOT and the ditch corporation have agreed to the drainage plan
• What contamination exists at the well, who tested it, and how the well would be capped
• Whether any water rights go with the well, and who owns the 40-foot windmill
• Whether there is an appraisal behind calling the swap an "even exchange"

The commission did not vote. It will prepare a findings of fact for the Village Council that lists the unanswered questions.

New commissioners nominated

Two residents with long careers in construction introduced themselves as candidates for the commission. Efren Gonzalez cited about 25 years in construction and the low-voltage industry. David Gonzalez, a lifelong resident who is now retired, said he wants to help "beautify this place as it was before." The two are not related.

The commission voted unanimously to nominate both at the Village Council's Oct. 21 meeting. There will be two openings: Kim Skaggs has resigned, and Vice Chair Helton plans to leave in January.

Other actions

• Short-term rental: The commission voted to recommend that the council approve an Airbnb license for Roxanna Segovia at 901 Sixth Street. Commissioners said the application was complete and included smoke and carbon monoxide alarms, fire extinguishers, parking and house rules. The property is being bought under a real estate contract and is not yet deeded in the buyers' name.
• Re-roof at 310 Rosalita Lane: The commission approved the permit after the fact. The work is done and the owner has paid the fee. The New Mexico Construction Industries Division had issued a permit without village approval. Commissioners said the village office should send CID a letter backing the commission's earlier one: permits inside Tularosa must go through the village first.
• Item 4 struck: A land matter listed under Copper Springs, and later under Anderson, was struck from the agenda. It was approved earlier, but the applicant has not paid the fees that were a condition of approval.
• Cell tower: Sean Milks told the village by email that a proposed tower could be switched to a monopole with no guy wires. Commissioners asked for the details. They want to know if adding village equipment would push the tower into a higher wind-load category.

Unfinished business

Commissioners asked staff to find out where several items stand with the Village Council. These include the vacant building registration ordinance, a draft ordinance on development impact fees, and the Title 15 code enforcement schedule. They asked that these be placed on the council's old business.

On the Marino property abatement, commissioners said the owner remains incarcerated and is contesting a competency finding. The village attorney has advised waiting until a guardian ad litem is appointed. Commissioners called the property a fire hazard and said offensive material on it is visible to children. Staff will ask the attorney whether a partial abatement is possible now. Animals have been removed from the property.

Historic district presentation

The meeting ended with a presentation of roughly 40 minutes by resident Joan Price, a multimedia artist. She spoke on the Tularosa Village Historic District, which is listed on the National Register of Historic Places. Price showed photos of restored adobes, the acequia, church traditions and newer walls and lighting she said are out of character with the district. She suggested a historic advisory committee and better promotion of the village's history.

Commissioners said they share her goals and want to adopt a historic preservation plan with ordinances. They asked her to reread the draft plan and send her recommendations in writing. The commission then adjourned.

What's next

The Village Council meets Oct. 21. It is expected to consider the two commission nominations and the Airbnb recommendation, and to begin discussing the Reactivate proposal.

This article is based on a recording of the Oct. 13, 2026, meeting and an automated transcript of it. Some names, including commissioners and staff identified only by first name or nickname, could not be confirmed from the recording.

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