ESTABLISHMENT OF JUNKYARDS ADJACENT TO HIGHWAYS CHAPTER 24-16 24-16-01. Legislative intent

The legislative assembly declares that the establishment, use, and maintenance of junkyards in areas adjacent to the state highway system should be controlled to protect the public health, welfare, and morals; conserve the public investment in such highways; promote the safety and recreational value of public highways; and preserve natural beauty

24-16-02. Definitions

1

"Automobile graveyard" means any establishment or place of business or location that is maintained, used, or operated for storing, keeping, buying, or selling wrecked, scrapped, abandoned, ruined, or dismantled motor vehicles, motor vehicle parts, or machinery of all types

"Commissioner" means the director of the department of transportation or authorized agents as provided by section 24-02-01.3

"Highway" means any highway as defined in subsection 22 of section 24-01-01.1

"Junk" means old or scrap paper, copper, brass, rope, rags, batteries, paper, trash, rubber, debris, or waste or junked, dismantled, or wrecked automobiles or parts thereof or iron, steel, and other old or scrap ferrous or nonferrous material

"Junkyard" means a business establishment or a place which is maintained, operated, or used for placing, storing, keeping, buying, or selling junk, or for the maintenance, use, or operation of an automobile graveyard and the term includes garbage dumps and sanitary fills

2

3

4

5

24-16-03. Establishment of junkyards and automobile graveyards - Limitation

No junkyards, automobile graveyards, or scrap metal processing facilities may be established and maintained within one thousand feet [304.8 meters] of the nearest edge of the right of way of a highway on the state highway system unless permission has been granted by the director. Junkyards established in violation of this chapter are hereby declared to be a public nuisance and the director may enter upon private property for the purpose of abating such nuisances without liability for such action

24-16-04. Effect on existing junkyards - Orders of commissioner - Reimbursement

Junkyards lawfully in existence prior to December 3, 1965, which are or may be screened by natural objects, plantings, fences, or other appropriate means so as not to be visible from the main traveled way of the state highway system must be allowed to remain within one thousand feet [304.8 meters] of the nearest edge of the right of way of any state highway; provided, however, that the owners of the junkyards which are not effectively screened shall take all the steps ordered by the commissioner to effectively screen them. When ordered by the director to screen junkyards lawfully in existence prior to December 3, 1965, the owners must be fully reimbursed for the costs expended pursuant to the director's order and design. Should the director determine that the effective screening of any junkyard could best be done by state forces or by an independent contractor, the director may use state forces or may let a contract for the screening in the same manner that contracts are let pursuant to this title for construction and reconstruction of the state highway system and the director has the right to enter upon private property for the purpose of screening said junkyards without liability on the director's part

24-16-05. Order to remove junkyard

The director may order the removal of any junkyards which cannot be effectively screened within the meaning of this chapter or any junkyard which in the judgment of the director does not subserve the legislative intent as specified in section 24-16-01

Page No. 1 24-16-06. Time limitation for removal

Any junkyard which is within one thousand feet [304.8 meters] of the nearest edge of the right of way and visible from any highway of the state highway system which was lawfully in existence on December 3, 1965, may be maintained in existence until December 3, 1970, unless required to be removed prior thereto by order of the director

24-16-07. Compensation for removal

Owners of junkyards lawfully in existence on December 3, 1965, which are required to be removed prior to December 3, 1970, by order of the director pursuant to this chapter, must be paid just compensation for the reasonable damages, if any, suffered by reason of such removal between the date of removal and December 3, 1970. Just compensation does not include any relocation or removal costs as specified in section 32-15-22.1; however, costs of removal may be determined to be an element of compensation within the meaning of this chapter

24-16-08. Acquisition of lands

The director may, if the director deems it necessary to carry out the intent of this chapter, acquire lands used as junkyards by gift, purchase, exchange, or condemnation in fee simple, or such lesser interest as the director deems necessary, and in the acquisition of said lands by condemnation, the director shall use the procedure used for acquiring right of way for the improvement, construction, reconstruction, widening, altering, changing, locating, relocating, aligning, realigning, or maintaining a state highway

24-16-09. Director to enforce rules

The director may adopt and enforce rules for the maintenance of and establishment of junkyards consistent with the national policy set forth in 23 U.S.C. 136 and the national standards promulgated thereunder by the secretary of transportation

24-16-10. Administrative order retroactive

The administrative order promulgated on December 3, 1965, by the director prohibiting the establishment of junkyards within one thousand feet [304.8 meters] from the nearest edge of the right of way along highways on the state highway system unless the director's permission is obtained is hereby enacted into law with full force and effect of law, from its issuance on December 3, 1965, the same as if said order was enacted into law by the legislative assembly to take effect as of that date

24-16-11. Certain junkyards allowed

Notwithstanding any other provision of this chapter, junkyards, automobile graveyards, and scrap metal processing facilities may be operated within areas adjacent to highways which are within one thousand feet [304.8 meters] of the nearest edge of the right of way and which are zoned under the authority of state law or which are not zoned under the authority of state law, but are used for industrial activities as determined by the director

24-16-12. Penalty

Any person who permits a junkyard, as defined in section 24-16-02, to be established on the person's property in violation of this chapter is guilty of a class A misdemeanor

Page No. 2