Solar developer pitches three sites near Tularosa as neighbors press on flooding

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TULAROSA — A community solar developer told the Tularosa Planning and Zoning Commission on Tuesday that it hopes to build as many as three solar gardens in and around the village. Neighbors of one proposed site said they don't oppose solar power, but they urged officials to make sure the project doesn't worsen flooding that already damages their property.

SunShare Community Solar has filed special use permit applications for all three sites. The company says it built its first project in Colorado Springs in 2011. It now reports more than 220 megawatts developed, about 19,000 subscribers and operations in nine states.

"We're really excited to talk to you guys about three community solar gardens that we are proposing within the village of Tularosa," said Mike, an associate developer with the company. He presented with Keenan, SunShare's director of development for New Mexico.

How it would work

Under New Mexico's Community Solar Act, passed in 2021, residents and small businesses can subscribe to a solar garden and receive credits on their PNM bills. SunShare said standard subscribers save 10%.

State rules require at least 30% of each project's output to go to low-income subscribers, at a discount of at least 20%. SunShare said its projects typically reserve 50% for low-income households and give them a 30% discount. New Mexico lets residents self-attest to low-income status.

Each project would be about 5 megawatts, enough for roughly 400 to 500 subscribers, according to the company. Signing up and opting out are free. The power would flow to PNM's Tularosa substation and be used locally.

The sites

Two sites sit off Moon Valley Road. The first, which SunShare calls the Cumbre project, lies next to an existing solar array built by a different company. A smaller parcel lies to its northeast. The third site is on the north side of town off Twelfth Street, with the railroad along its west edge.

SunShare said it bought one property and is leasing the other two. Leases run 20 years with optional five-year extensions, and each site needs about 30 acres. State rules require projects to be within a mile of a three-phase power line, which representatives said explains why the sites are close to homes.

The company described sites with an 8-foot, wildlife-friendly security fence, no lighting and no batteries. It said inverters run about 58 decibels and can't be heard beyond roughly 150 feet. SunShare said it would replant native vegetation, use no chemical herbicides and post a bond to cover eventual decommissioning.

Neighbors worry about water

Ann Farmer, who lives on Highway 54/70 just south of the proposed Moon Valley sites, told commissioners she has no complaint about solar panels themselves.

"I have no problem with the solar field itself because I've already got one across from me," Farmer said. "They're good neighbors. They're quiet. They don't block my view."

Her concern is drainage. Farmer said flooding from a nearby arroyo has gotten worse every year since a pellet plant built a bridge over it. The last storm washed out her driveway and reached the highway, partly closing the road into town, she said. Sediment has now built up higher than her land, and her family keeps having to raise the berm that protects her house.

"The good news is we don't have that much rain, but when it comes, it just about wipes me out," she said. She said a culvert near her neighbor's driveway stays clogged. When the state tried to clean it out, it left deep ruts, she said, and she got no reply after emailing photos to the highway department.

Rick Robbins, a 75-year-old retired military veteran who has lived on Moon Valley Road for 30 years, raised the same flooding concern. "It doesn't even have to rain here in Tularosa," he said. "If it rains on the mountain over there, it funnels down and comes across Moon Valley Road."

Robbins asked who would maintain the private road that construction crews would use. He also asked whether the panels would raise nearby temperatures, citing research he found that put the increase as high as 6 degrees. He also asked about snakes and wildlife, future expansion and property values.

SunShare's answers

SunShare representatives said they had already spoken with the landowner about the arroyo. They offered to add regular ditch cleanouts to the site's maintenance contract.

"There has never been, I guess, an actual agreement in place for someone to actually do that," one representative said. "I think this is an opportunity for us to actually address it." The company also noted that a stormwater management plan is required before it can get a building permit.

On roads, SunShare said it would sign a road use agreement, post a bond if the village requires one and repair any damage. On heat, representatives said studies of the "heat island effect" show solar arrays are not a significant concern. They said panels on single-axis trackers move through the day and trap far less heat than a parking lot.

The company said program rules allow only one project per parcel, which limits expansion. On property values, a representative said studies have found effects in both directions. SunShare said glare studies for all three sites found no impacts, and early environmental and cultural reviews came back favorable.

What happens next

The commission took no vote Tuesday. For special use permits, the commission doesn't approve or deny. It sends findings of fact and conditional recommendations to the Village Council, which makes the decision. Commissioners said SunShare would get a copy of their findings.

Any approval would also depend on a state contest. The projects are competing in Phase 2 of the community solar program, a competitive request for proposals run by the New Mexico Public Regulation Commission. SunShare expects bidding to open in January or February. Awards are expected around June 2027.

"Maybe we are able to get one project or two projects, maybe all three, or maybe none," Keenan said. SunShare confirmed it cannot build without a state award. If it wins, construction would likely start in early 2028 and take about three months.

Commissioners raised possible conditions, including a list of native plants, a decommissioning bond that rises each year with inflation, and an access easement for the village in case it annexes the areas, which are now in its extraterritorial jurisdiction. SunShare said it was open to each.

In other business

Opportunity zone. The commission heard that Gov. Michelle Lujan Grisham has nominated three Otero County census tracts for federal opportunity zone designation, one of them in Tularosa. The others cover Alamogordo's downtown and the corridor along the Charlie Lee Memorial Relief Route. The designation would give investors federal tax breaks for putting money into those areas from 2027 through 2036. Commissioners said federal approval is usually routine. They stressed that the village needs updated ordinances in place before investors arrive: vacant building registration, then development impact fees, then a historic preservation plan.

State permit dispute. The commission approved the permit for a completed re-roof at 710 First Street. The state Construction Industries Division had issued its own permit without going through the village. Village staff said they have written to all three CID offices and are following up by phone. The homeowner paid the village fee after the work was done.

Code enforcement. Commissioners can now issue a first-notice form for planning and zoning violations, created by the village's code enforcement officer, who will handle follow-up. Residents with complaints can call the police non-emergency line. The village's ordinances can be searched on its website.

New member. The commission welcomed new member Efren Gonzalez.

The meeting adjourned at 6:50 p.m.

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