Section 17-8-4 - Immunity from nuisance actions based on noise or noise pollution. - New Mexico Statutes

17-8-4. Immunity from nuisance actions based on noise or noise pollution.

A.     The use or operation of a sport shooting range shall not be enjoined as a nuisance on the basis of noise or noise pollution:   

(1)     if the sport shooting range is in compliance with noise control statutes, rules or ordinances that apply to the range and its operation at the time that the initial operation of the range commenced;   

(2)     due to changes made to noise control statutes, rules or ordinances that apply to the sport shooting range and its operation, if the changes take effect after the initial operation of the range commenced; or   

(3)     if noise control statutes, rules or ordinances were not in effect at the time that the original operation of the sport shooting range commenced.   

B.     The use or operation of a sport shooting range may not be enjoined as a nuisance on the basis of noise or noise pollution by a person who acquires an interest in real property adversely affected by the normal operation and use of a sport shooting range that commenced operation prior to the time the person acquired the interest in real property.