Rules mandating electric vehicle chargers at new buildings were at the center of an appeal filed by an Artesia nonprofit.
The Artesia Recreation Center Foundation filed the appeal in the New Mexico Court of Appeals on March 9 hoping to overturn District Judge David Finger’s dismissal of the foundation’s lawsuit.
In dismissing the lawsuit on Feb. 5, Finger upheld the building codes in question, which were enacted in July 2024 to require all new buildings in the state include electric vehicle chargers in their parking facilities.
On April 9, the foundation issued a 21-page docketing statement to the court, outlining the reasons for its appeal and arguments that could be used at trial.
The initial suit and the appeal sought to overturn requirements put in place via new building codes enforced by New Mexico’s Construction Industries Division, a subsidiary of the New Mexico Regulation and Licensing Department.
The New Mexico Regulation and Licensing Department (NMRLD) is a cabinet agency within the state’s administration tasked with regulating building codes and permitting. The head of the department is Superintendent Clay Bailey, who was appointed by Gov. Michelle Lujan Grisham.
At issue are the construction costs for the upcoming Artesia Recreation Center, which the foundation argued were driven up by about $285,000 by the division’s adjusted code, including costs for chargers and the power needed to support them.
The center was expected to open this summer.
The number of chargers required is based on the size of the building and number of total parking spaces. Under the code, the Artesia Recreation Center was required to have 12 chargers installed – 5% of the planned 230 parking spots – and the power capacity to install 24 more in the future.
Meanwhile, the foundation and local officials in Artesia and Carlsbad argued that little demand existed for electric vehicles in rural southeast New Mexico and that requiring chargers at all new buildings in the state was problematic for developers throughout the region.
The appeal also contended the regulations were “vague” because they did not specify the exact equipment needed to comply and questioned the division’s authority to mandate the requirements via building codes without public input.
Imposing a state requirement for EV chargers, the appeal read, constituted a “taking” of the property, meaning the state was illegally occupying land the foundation argued it owned.
“All applicants suffer economic damages and a physical taking of their property to construction and commercial building in New Mexico because of the regulation,” read the foundation’s docketing statement.
Fifth Judicial District Judge David Finger on Feb. 5 ruled in a summary judgment that the state of New Mexico was within its authority to issue the codes and require chargers in parking spaces at commercial and industrial buildings – which the division is tasked with regulating.
Finger also ruled the foundation “lacked standing” to challenge the rules.
The recreation center project began in the summer of 2023 when the foundation was formed as a nonprofit to raise funds for the work, and before the EV rules went into effect July 30, 2024.
Donors for the recreation center project are: PY Foundation, Chase Foundation, TLC Foundation, Frank Yates Jr. Family Foundation, Western Bank, Royal Services, First American Bank and Devon Energy.
A groundbreaking ceremony was held Oct. 29, 2024, and the final building permit application to the Construction Industries Division was filed Nov. 22, 2024, months after the rules took effect but without plans for EV chargers.
That’s why the state denied the initial building permit. Another application was filed to comply with the EV rules in December 2024, and the permit was issued Jan. 13, 2025.
“Plaintiff’s project thereafter proceeded to construction without interruption, citation, penalty or enforcement action by CID,” read Finger’s ruling. “The record reflects no regulatory impediment beyond the ordinary denial of the first, noncompliant submission.”
The rules also required new homes in New Mexico to host a power load capable of supporting electric vehicle chargers that could be installed in the future.
Carlsbad Mayor Rick Lopez said this would increase the cost of new homes by up to $5,000.
Lopez said the codes would impede the city’s attempts to build more affordable housing, which local leaders hoped could address a dire need for homes throughout southeast New Mexico as the area’s population swells along with booming oil and gas production.
He said housing is Carlsbad’s “top priority.”
The Artesia City Council voted unanimously on Aug. 13, 2024, to oppose the regulations, and the Carlsbad City Council followed suit Aug. 27 of that year.
“If we want growth, we have to have housing,” Lopez said. “You want to build a quality home, but when you have too many add-ons it takes away the affordability.”
Managing Editor Adrian Hedden can be reached at 575-628-5516, or @AdrianHedden on the social media platform X.





