DOT 23 CFR PART 751-2011 JUNKYARD CONTROL AND ACQUISITION.pdf

1、407 Federal Highway Administration, DOT 751.7 lighting, or message content will ter-minate its exempt status. 750.711 Structures which have never displayed advertising material. Structures, including poles, which have never displayed advertising or in-formative content are subject to con-trol or rem

2、oval when advertising con-tent visible from the main-traveled way is added or affixed. When this is done, an outdoor advertising sign has then been erected which must com-ply with the State law in effect on that date. 750.712 Reclassification of signs. Any sign lawfully erected after the effective d

3、ate of a State outdoor adver-tising control law which is reclassified from legal-conforming to noncon-forming and subject to removal under revised State statutes or regulations and policy pursuant to this regulation is eligible for Federal participation in just compensation payments and other eligib

4、le costs. 750.713 Bonus provisions. 23 U.S.C. 131(j) specifically provides that any State which had entered into a bonus agreement before June 30, 1965, will be entitled to remain eligible to receive bonus payments provided it continues to carry out its bonus agree-ment. Bonus States are not exempt

5、from the other provisions of 23 U.S.C. 131. If a State elects to comply with both programs, it must extend controls to the Primary System, and continue to carry out its bonus agreement along the Interstate System except where 23 U.S.C. 131, as amended, imposes more stringent requirements. PART 751JU

6、NKYARD CONTROL AND ACQUISITION Sec. 751.1 Purpose. 751.3 Applicability. 751.5 Policy. 751.7 Definitions. 751.9 Effective control. 751.11 Nonconforming junkyards. 751.13 Control measures. 751.15 Just compensation. 751.17 Federal participation. 751.19 Documentation for Federal participa-tion. 751.21 R

7、elocation assistance. 751.23 Concurrent junkyard control and right-of-way projects. 751.25 Programming and authorization. AUTHORITY: 23 U.S.C. 136 and 315, 42 U.S.C. 43214347 and 46014655, 23 CFR 1.32, 49 CFR 1.48, unless otherwise noted. SOURCE: 40 FR 8551, Feb. 28, 1975, unless otherwise noted. 75

8、1.1 Purpose. Pursuant to 23 U.S.C. 136, this part prescribes Federal Highway Adminis-tration FHWA policies and procedures relating to the exercise of effective control by the States of junkyards in areas adjacent to the Interstate and Federal-aid primary systems. Nothing in this part shall be constr

9、ued to pre-vent a State from establishing more stringent junkyard control require-ments than provided herein. 40 FR 12260, Mar. 18, 1975 751.3 Applicability. The provisions of this part are appli-cable to all areas within 1,000 feet of the nearest edge of the right-of-way and visible from the main t

10、raveled way of all Federal-aid Primary and Inter-state Systems regardless of whether Federal funds participated in the con-struction thereof, including toll sec-tions of such highways. This part does not apply to the Urban System. 751.5 Policy. In carrying out the purposes of this part: (a) Emphasis

11、 should be placed on en-couraging recycling of scrap and junk where practicable, in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321, et seq.); (b) Every effort should be made to screen nonconforming junkyards which are to continue as ongoing businesses; and (c) Nonconfo

12、rming junkyards should be relocated only as a last resort. 751.7 Definitions. For purposes of this part, the fol-lowing definitions shall apply: (a) Junkyard. (1) A Junkyard is an es-tablishment or place of business which is maintained, operated or used for storing, keeping, buying, or selling VerDa

13、te Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00417 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-408 23 CFR Ch. I (4111 Edition) 751.9 junk, or for the maintenance

14、 or oper-ation of an automobile graveyard. This definition includes scrap metal proc-essors, auto-wrecking yards, salvage yards, scrap yards, autorecycling yards, used auto parts yards and tem-porary storage of automobile bodies and parts awaiting disposal as a nor-mal part of a business operation w

15、hen the business will continually have like materials located on the premises. The definition includes garbage dumps and sanitary landfills. The definition does not include litter, trash, and other de-bris scattered along or upon the high-way, or temporary operations and out-door storage of limited

16、duration. (2) An Automobile Graveyard is an establishment or place of business which is maintained, used, or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or disman-tled motor vehicles or motor vehicle parts. Ten or more such vehicles will constitute an automobile grav

17、eyard. (3) An Illegal Junkyard is one which was established or is maintained in vio-lation of State law. (4) A Nonconforming Junkyard is one which was lawfully established, but which does not comply with the provi-sions of State law or State regulations passed at a later date or which later fails to

18、 comply with State regulations due to changed conditions. Illegally es-tablished junkyards are not noncon-forming junkyards. (b) Junk. Old or scrap metal, rope, rags, batteries, paper, trash, rubber, debris, waste, or junked, dismantled, or wrecked automobiles, or parts thereof. (c) Main traveled wa

19、y. The traveled way of a highway on which through traffic is carried. In the case of a di-vided highway, the traveled way of each of the separated roadways for traffic in opposite directions is a main traveled way. It does not include such facilities as frontage roads, turning roadways, or parking a

20、reas. (d) Industrial zones. Those districts established by zoning authorities as being most appropriate for industry or manufacturing. A zone which simply permits certain industrial activities as an incident to the primary land use designation is not considered to be an industrial zone. The provisio

21、ns of part 750, subpart G of this chapter relative to Outdoor Advertising Control shall apply insofar as industrial zones are concerned. (e) Unzoned industrial areas. An area where there is no zoning in effect and which is used primarily for industrial purposes as determined by the State and approve

22、d by the FHWA. An un-zoned area cannot include areas which may have a rural zoning classification or land uses established by zoning variances or special exceptions. 40 FR 8551, Feb. 28, 1975, as amended at 41 FR 9321, Mar. 4, 1976 751.9 Effective control. (a) In order to provide effective con-trol

23、of junkyards located within 1,000 feet of Interstate and Federal-aid pri-mary highways, the State must: (1) Require such junkyards located outside of zoned and unzoned industrial areas to be screened or located so as not to be visible from the main trav-eled way, or be removed from sight. (2) Requir

24、e the screening or removal of nonconforming junkyards within a reasonable time, but no later than 5 years after the date the junkyard be-comes nonconforming unless Federal funds are not available in adequate amounts to participate in the cost of such screening or removal as provided in 23 U.S.C. 136

25、(j). (3) Prohibit the establishment of new junkyards unless they comply with the requirements of paragraph (a)(1) of this section. (4) Expeditiously require junkyards which are illegally established or maintained to conform to the require-ments of paragraph (a)(1) of this sec-tion. (b) Sanitary land

26、fills as described herein need not be screened to satisfy requirements of Title 23, U.S.C., but landscaping should be required when the fill has been completed and oper-ations have ceased, unless the landfill area is to be used for immediate devel-opment purposes. A sanitary landfill, for the purpos

27、es of this part, is a meth-od of disposing of refuse on land with-out creating a nuisance or hazards to public health or safety by utilizing the principles of engineering to confine the refuse to the smallest practical area, to reduce it to the smallest practical vol-ume, and to cover it with a laye

28、r of VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00418 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-409 Federal Highway Administration, DOT 751.15 earth at

29、the conclusion of each days operation or at such more frequent in-tervals as may be necessary. (c) The State shall have laws, rules, and procedures sufficient to provide ef-fective control, to discover illegally es-tablished or maintained junkyards shortly after such occurrence, and to cause the com

30、pliance or removal of same promptly in accordance with State legal procedures. 751.11 Nonconforming junkyards. Subject to the provisions of 751.9 of this part, the following requirements for the maintenance and continuance of a nonconforming junkyard apply: (a) The junkyard must have been ac-tually

31、in existence at the time the State law or regulations became effec-tive as distinguished from a con-templated use, except where a permit or similar specific State governmental action was granted for the establish-ment of a junkyard prior to the effec-tive date of the State law or regula-tions, and t

32、he junkyard owner acted in good faith and expended sums in reli-ance thereon. (b) There must be existing property rights in the junkyard or junk affected by the State law or regulation. Aban-doned junk and junkyards, worthless junk, and the like are not similarly protected. (c) If the location of a

33、nonconforming junkyard is changed as a result of a right-of-way taking or for any other reason, it ceases to be a nonconforming junkyard, and shall be treated as a new junkyard at a new location. (d) The nonconforming junkyard must have been lawful on the effective date of the State law or regulatio

34、ns and must continue to be lawfully main-tained. (e) The nonconforming junkyard may continue as long as it is not extended, enlarged, or changed in use. Once a junkyard has been made conforming, the placement of junk so that it may be seen above or beyond a screen, or otherwise becomes visible, shal

35、l be treated the same as the establishment of a new junkyard. (f) The nonconforming junkyard may continue as long as it is not abandoned, destroyed, or voluntarily discontinued. Each State should develop criteria to define these terms. 751.13 Control measures. (a) Consistent with the goals of the Na

36、tional Environmental Policy Act of 1969 (42 U.S.C. 4321), recycling of junk and scrap is to be encouraged to the greatest extent practicable in the im-plementation of the junkyard control program. Recycling should be consid-ered in conjunction with other control measures. To facilitate recycling, ju

37、nk or scrap should be moved to an auto-mobile wrecker, or a scrap processor, or put to some other useful purpose. (b) Every effort shall be made to screen where the junkyard is to con-tinue as an ongoing business. Screen-ing may be accomplished by use of nat-ural objects, landscaping plantings, fenc

38、es, and other appropriate means, including relocating inventory on site to utilize an existing natural screen or a screenable portion of the site. (c) Where screening is used, it must, upon completion of the screening project, effectively screen the junkyard from the main traveled way of the highway

39、 on a year-round basis, and be compatible with the surroundings. Each State shall establish criteria gov-erning the location, design, construc-tion, maintenance, and materials used in fencing or screening. (d) A junkyard should be relocated only when other control measures are not feasible. Junkyard

40、s should be relo-cated to a site not visible from the highway or to an industrial area, and should not be relocated to residential, commercial, or other areas where fore-seeable environmental problems may develop. (e) The State may develop and use other methods of operation to carry out the purposes

41、 of this directive, sub-ject to prior FHWA approval. 751.15 Just compensation. (a) Just compensation shall be paid the owner for the relocation, removal, or disposal of junkyards lawfully estab-lished under State law, which are re-quired to be removed, relocated, or dis-posed of pursuant to 23 U.S.C

42、. 136. (b) No rights to compensation accrue until a taking or removal has occurred. The conditions which establish a right VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00419 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo repr

43、oduction or networking permitted without license from IHS-,-,-410 23 CFR Ch. I (4111 Edition) 751.17 to maintain and continue a noncon-forming junkyard as provided in 751.11 must pertain at the time of the taking or removal in order to establish a right to just compensation. 751.17 Federal participa

44、tion. (a) Federal funds may participate in 75 percent of the costs of control meas-ures incurred in carrying out the provi-sions of this part including necessary studies for particular projects, and the employment of fee landscape architects and other qualified consultants. (b) Where State control s

45、tandards are more stringent than Federal control requirements along Interstate and pri-mary highways, the FHWA may ap-prove Federal participation in the costs of applying the State standards on a statewide basis. Where State standards require control of junkyards in zoned or unzoned industrial areas

46、, Federal funds may participate only if such action will make an effective con-tribution to the character of the area as a whole and the cost is reasonable, but such projects should be deferred until the work in the areas where con-trol is required has progressed well to-ward completion. (c) General

47、ly, only costs associated with the acquisition of minimal real property interests, such as easements or temporary rights of entry, necessary to accomplish the purposes of this part are eligible for Federal participation. The State may request, on a case-by- case basis, participation in costs of othe

48、r interests beyond the minimum necessary, including fee title. (d) Federal funds may participate in costs to correct the inadequacies of screening in prior control projects where the inadequacy is due to higher screening standards established in this part or due to changed conditions. (e) Federal fu

49、nds may participate in the costs of moving junk or scrap to a recycling place of business, or in the case of junk with little or no recycling potential, to a site for permanent dis-posal. In the latter case, reasonable land rehabilitation costs or fees con-nected with the use of such a disposal site are also eligible. In a case where the acquisition of a permanent disposal site by the State would be the most ec-onomical method of disposal, Federal fun