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Silver City council repeals 2021 moratorium on community solar amid calls for state-law review
Summary
The Silver City Council on March 10 adopted Resolution 2026-10 to repeal a 2021 moratorium on community solar facilities. Council members said the town must align local rules with state Public Regulation Commission requirements and clarify decommissioning and eminent domain issues.
Silver City—The Town Council voted on March 10 to adopt Resolution 2026-10, repealing a 2021 moratorium that had barred construction of community solar facilities in town.
Councilor Prince, sponsor of the repeal, said the action reopens the town to community solar applications while the town and state reconcile regulatory differences. "Reversing this and repealing the resolution begins to open up the conversation," Prince said, adding the town must still sign off on projects that demonstrate zoning compliance.
Several council members urged care. Councilor Snyder asked the council to postpone the repeal to research state statutes governing construction and, in particular, decommissioning safeguards such as surety bonds and the towns liability if a project failed. "I have a couple questions with the state statutes. I have not been able to find anything for decommissioningsuch as a surety bond," Snyder said, requesting data and legal guidance before lifting the moratorium.
Town management advised that a local moratorium is not authorized under state law and noted that the Public Regulation Commission (PRC) process requires a local letter confirming projects meet zoning restrictions. The manager said the PRC materials and typical decommissioning bonds used in other energy projects can be assembled for council review.
Councilor Prince and others said they expect to pair the repeal with a local ordinance or amendments to ensure setbacks and other local protections are clear. Prince suggested potential amendments or deadlines that would align town procedures with state rules while maintaining local safeguards.
The council approved Resolution 2026-10 by roll call vote and adopted the repeal. The motion passed with recorded ayes and no recorded nays during the roll call.
What happens next: town staff said they will compile state PRC guidance, any applicable decommissioning standards and sample surety bond language for council consideration and may present a draft local ordinance to address setbacks and other local concerns.
Sources: Council debate and roll-call vote during the March 10 town council meeting.
