SMA Appeals CPC Decision Regarding the Rancho Viejo Solar Project
JULY 26th 2025
The San Marcos Association’s Exhibits and PowerPoint presentation for the August 11, 2025, Appeals Hearing before the Board of County Commissioners (BCC) are below. Each is a link by which you can access them to read what is included. If you wish to read exhibits and materials submitted from other parties for this hearing, you may do so at https://www.santafecountynm.gov/growth-management/building-development/large-scale-renewable-energy-projects-2024/appeal
Below is an outline of events involving SMA to put this appeal in context.
- The San Marcos Association has felt that the Rancho Viejo Solar Project was Prohibited in the Rural-Fringe since March of 2023. Exhibit 8a is a letter SMA sent to the County when the developers submitted its first Conditional Use Permit (CUP) application.
- We made those arguments before the Sustainable Land Development Code (SLDC) Hearing Officer in December 2024, arguing that the CUP application for this project should be Denied, and she agreed. [Exhibits 4 and 5] o Additionally, at the December hearing, SMA further argued that this project is not what the SLDC intended as a Commercial Solar Energy Production Facility. The SLDC Hearing Officer also agreed with that contention.
- In February, before the County Planning Commission (CPC), during its hearing concerning the CUP application for this project, SMA made the same arguments and recommended Denying the CUP. We also recommended denial based upon the fact that no independent Fiscal Analysis had been conducted for public review. The CPC ignored our arguments and Approved the CUP for this project. [Exhibits 6 and 7]
- In April, the SMA Board of Directors voted to Appeal the CPC decision before the BCC.
- The San Marcos Association has filed an appeal and submitted for the public record the Exhibits below. We will present our case on Monday, August 11, 2025. Due to the number of parties involved, that Monday will not be the day for verbal public comments; those will take place on Tuesday. If you wish to submit written comments, you may do so, and must do so by July 31, at .
Exhibit 1 – List of SMA Exhibits -August 11, 2025 BCC Appeal Hearing PDF
Exhibit 2 – Written Summary of SMA Testimony to BCC – Aug. 11, 2025 PDF
Exhibit 3a and b – SMA CARD Front and Back
Exhibit 4 – Dec 4, 2024 Presentation to SLDC HO PDF
Exhibit 5 -Case_24-5200_AES_Hearing_Officer_Recommended_Order 12-23-24 HIGHLIGHTED
Exhibit 6 – Feb 3, 2025 Presentation to CPC PDF
Exhibit 7 – FINAL ORDER Case #24-5200 Rancho Viejo Solar LLC CUP
Exhibit 8 – SMA Documents Resubmission to Hearing Officer, Case 24-5200 11-26-24
Exhibit 9 – SLDC Use Matrix – SA6524-150Ac Appendix B
Exhibit 10 – Selected LBCS Structure Codes re Gas or Electric Power Generating Facility PDF
Exhibit 11 – Annotated and Highlighted SLDC Definition of Rural-Fringe Zoning District PDF
Exhibit 14 – Selected Portions of SGMP Dealing with Renewable Energy Infrastructure PDF