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 are subject to all the provisions of the Night Sky Protection Act;
(3) navigational lighting systems at airports and other lighting necessary for aircraft safety; and
(4) outdoor lighting fixtures that are necessary for worker safety at farms, ranches, dairies, feedlots or industrial, mining or oil and gas facilities.
B. The provisions of the Night Sky Protection Act are cumulative and supplemental and shall not apply within any county or municipality that, by ordinance or resolution, has adopted provisions restricting light pollution that are equal to or more stringent than the provisions of the Night Sky Protection Act.
History: Laws 1999, ch. 197, § 7.
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 of the legislature.
Structure New Mexico Statutes
Chapter 74 - Environmental Improvement
Article 12 - Night Sky Protection
Section 74-12-1 - Short title.
Section 74-12-3 - Definitions.
Section 74-12-4 - Shielding of outdoor light fixtures.
Section 74-12-5 - Nonconforming light fixtures.
Section 74-12-6 - Use of mercury vapor lighting fixtures.
Section 74-12-8 - Construction industries division; duties.
Section 74-12-9 - Costs of replacement; recovery.