27 CAR Part 133 — Junkyards

Chapter V

Subchapter D

Subpart 1

27 CAR § 133-101 General {#sec-27-car-133-101 omnilex-key=us-ar-regs-official--title-27-part-133--27 CAR § 133-101}

27 CAR § 133-101. General.

(a) This part shall apply to all junkyards located on all highways designated by the State Highway Commission as interstate highways or primary highways, and which can be screened using:

(1) Natural objects;

(2) Plantings;

(3) Fences; or

(4) Other appropriate means.

(b) This part does not apply to junkyards in zoned industrial areas, zoned by an authorized zoning commission, or those which exist in an unzoned industrial area as determined by an agreement between the State Highway Commission and the United States Department of Transportation.

27 CAR § 133-102 Screening {#sec-27-car-133-102 omnilex-key=us-ar-regs-official--title-27-part-133--27 CAR § 133-102}

27 CAR § 133-102. Screening.

(a) Fences.

(1) The fencing shall be of permanent materials and constructed so that it will be capable of remaining erect for at least ten (10) years.

(2)(A) The fencing shall be high enough to screen all junk and junked cars from the view of the traveled way of the highway.

(B) Should the junk pile or piles be increased in height, the fence must also be increased.

(3) It shall extend along the frontage of the junkyard parallel to the highway and perpendicular to the highway along the sides of the junkyard to a distance so that all junk and wrecked cars will be screened from view of the traveled way of the highway.

(4)(A) The fence must be neat in appearance and of a uniform color and height.

(B) Steel signs will not be acceptable as a fencing material.

(C) If the fence is to be painted, it shall be of a uniform color or neatly trimmed in another color.

(D) Bright, loud colors will not be acceptable.

(5)(A) It is not necessary that the fence be solid.

(B) However, the open spaces must be small enough that the junk material is substantially screened.

(6)(A) The fence shall be maintained by the owner and/or operator of the junkyard.

(B) Should the fence become damaged or destroyed, it must be repaired within thirty (30) days.

(b) Plantings.

(1) If plantings are to be used for screening, they must be large enough and placed close enough to screen the junk and junked cars immediately after planting.

(2) All plants used must be of evergreen varieties.

(3) Plants must be located with the same stipulations as fences.

(4) In no cases will the planting of young plants or sparse plants with the purpose that in time the screening will be accomplished be acceptable.

(5) Should the plants become diseased, die, or be damaged in any way so as to cause the junk not to be screened, they must be replaced within thirty (30) days.

(c) Natural objects.

(1) Natural occurring rock outcrops, woods, earth mounds, etc., may be utilized for screening if they are of a size such that the junk cannot be seen from the traveled way of the highway.

(2) Natural objects may be used in conjunction with plantings, fences, or other appropriate objects to screen junkyards.

(d) Other appropriate objects for screening. Subject to prior approval by the State Highway Commission, other objects for screening such as buildings, houses, and occupied house trailers may be used entirely or in part to screen junkyards provided the objects are neat in appearance and properly maintained so as not to mar the natural beauty of the highway and its facilities.

27 CAR § 133-103 Conditions with regard to screening {#sec-27-car-133-103 omnilex-key=us-ar-regs-official--title-27-part-133--27 CAR § 133-103}

27 CAR § 133-103. Conditions with regard to screening.

(a) It shall be the responsibility of the owner and/or operator of the junkyard to see that the screening is erected and maintained.

(b)(1) In no cases may the highway right-of-way be utilized for the storage of junk or junked vehicles.

(2) If the storage of junk or junked vehicles occurs in front of an erected screen, the yard shall be considered unscreened and in violation of the provisions of Acts 1967, No. 640.

27 CAR § 133-104 Failure to screen {#sec-27-car-133-104 omnilex-key=us-ar-regs-official--title-27-part-133--27 CAR § 133-104}

27 CAR § 133-104. Failure to screen.

Unscreened junkyards in violation of Acts 1967, No. 640, are deemed nuisances, and will be abated as prescribed by law.