reglab/statecodes huggingface dataset:
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 3 - The Care and Protection of State Highways › ARTICLE 3 - Nuisance and Penal Provisions › Section 731.

731. Any vehicle or structure parked or placed wholly or partly within any state highway, for the purpose of selling the same or of selling therefrom or therein any article, service or thing, is a public nuisance and the department may immediately remove that vehicle or structure from within any highway.
Any person parking any vehicle or placing any structure wholly or partly within any highway for the purpose of selling that vehicle or structure, or of selling therefrom or therein any article or thing, and any person selling, displaying for sale, or offering for sale any article or thing either in or from that vehicle or structure so parked or placed, and any person storing, servicing, repairing or otherwise working upon any vehicle, other than upon a vehicle which is temporarily disabled, is guilty of a misdemeanor.
The California Highway Patrol and all peace officers from local law enforcement agencies may enforce the provisions of this chapter with respect to highways under their respective jurisdiction and shall cooperate with the department to that end. Whenever any member of the California Highway Patrol or any peace officer from a local law enforcement agency removes a vehicle from a highway under the provisions of this section, then all of the provisions of Article 3 (commencing with Section 22850), Chapter 10, Division 11 of the Vehicle Code with reference to the removal of a vehicle from a highway shall be applicable.
This section does not prohibit a seller from taking orders or delivering any commodity from a vehicle on that part of any state highway immediately adjacent to the premises of the purchaser; prohibit an owner or operator of a vehicle, or a mechanic, from servicing, repairing or otherwise working upon any vehicle which is temporarily disabled in a manner and to an extent that it is impossible to avoid stopping that vehicle within the highway; or prohibit coin-operated public telephones and related telephone structures in park and ride lots, vista points, and truck inspection facilities within state highway rights-of-way for use by the general public.
(Amended by Stats. 2007, Ch. 89, Sec. 1. Effective January 1, 2008.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 3 - The Care and Protection of State Highways › ARTICLE 3 - Nuisance and Penal Provisions › Section 731.5.

731.5. Section 731 does not apply to a coin-activated or credit card-activated telephone available for public use shared and maintained within any bus passenger shelter lawfully erected upon any state highway other than a freeway or expressway if the person placing the telephone has obtained a permit from the department pursuant to Section 670.
(Added by Stats. 1990, Ch. 512, Sec. 1.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 3 - The Care and Protection of State Highways › ARTICLE 3 - Nuisance and Penal Provisions › Section 732.

732. Any person who wilfully injures, defaces, breaks down or removes any monument or stake placed, erected or used by the department to designate any point in the boundary or survey of any State highway or proposed State highway is guilty of a misdemeanor.
(Enacted by Stats. 1935, Ch. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 3 - The Care and Protection of State Highways › ARTICLE 3 - Nuisance and Penal Provisions › Section 732.5.

732.5. Survey monuments shall be preserved, referenced, or replaced pursuant to Section 8771 of the Business and Professions Code.
(Added by Stats. 1994, Ch. 458, Sec. 10. Effective January 1, 1995.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 3 - The Care and Protection of State Highways › ARTICLE 3 - Nuisance and Penal Provisions › Section 733.

733. All money recovered under the provisions of this chapter shall be paid into any fund which is available to the department for highway purposes and is designated by the department to receive such payment.
(Enacted by Stats. 1935, Ch. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 3 - The Care and Protection of State Highways › ARTICLE 3 - Nuisance and Penal Provisions › Section 734.

734. The procedure provided in this article is not exclusive and shall not prohibit the department from exercising any other remedy provided by law to prevent damage to or to protect any State highway.
(Enacted by Stats. 1935, Ch. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 3 - The Care and Protection of State Highways › ARTICLE 4 - Protection of Beds of Mapped Highways › Section 740.

740. As used in this article:
“Mapped highway” means a highway which is laid out, surveyed, and delineated on a map of such size, scale, and detail that the exact location on the ground which the highway is to occupy can be ascertained.
“Map” includes plat.
“Owner” includes any person entitled to the use or possession of real property.
(Added by Stats. 1947, Ch. 1451.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 3 - The Care and Protection of State Highways › ARTICLE 4 - Protection of Beds of Mapped Highways › Section 740.2.

740.2. Whenever the department has laid out and surveyed a proposed state highway in any county or city it shall prepare a map of such highway sufficient to show the location of such highway on each parcel of land to be traversed or otherwise occupied by the highway when constructed.
(Amended by Stats. 1961, Ch. 471.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 3 - The Care and Protection of State Highways › ARTICLE 4 - Protection of Beds of Mapped Highways › Section 740.4.

740.4. The department shall transmit a copy of such map insofar as it relates to the land within a county to the planning commission of the county.
The planning commission of such county shall thereafter prepare a precise plan showing such planned right-of-way in conformity with Section 65600 of the Government Code, and the board of supervisors shall thereafter adopt such precise plan in the manner provided in Article 11 (commencing with Section 65600), Chapter 3, Title 7 of the Government Code.
Thereafter, the planning commission shall also notify the department of any application for a building permit for a building costing five thousand dollars ($5,000) or more in sufficient time to give the department an opportunity to purchase the right-of-way from such applicant. Upon adoption of a resolution by the board of supervisors, the notice to the department may be given by any other officer, board, commission, or department designated for that purpose by the resolution.
(Amended by Stats. 1975, Ch. 1245.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 3 - The Care and Protection of State Highways › ARTICLE 4 - Protection of Beds of Mapped Highways › Section 740.5.

740.5. The department shall transmit a copy of such map, insofar as it relates to the land within a city, to the planning commission of the city or, if the city has not created a planning commission, to the governing body of the city.
The planning commission of such city or, if the city has not created a planning commission, the governing body of such city acting as a planning commission, shall thereafter notify the department of any application for a building permit for a building costing five thousand dollars ($5,000) or more in sufficient time to give the department an opportunity to purchase the right-of-way from such applicant.
The notices required to be given by the planning commission, or by the governing body acting as a planning commission, may be given by any other officer, board, commission, or department designated for that purpose by resolution of the governing body.
(Amended by Stats. 1975, Ch. 1245.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 3 - The Care and Protection of State Highways › ARTICLE 4 - Protection of Beds of Mapped Highways › Section 740.6.

740.6. A copy of the precised plan shall be filed with the agency of the county charged with the duty of issuing building permits for buildings in unincorporated areas in the county, or, if no such agency exists in the county, with the county surveyor.
(Added by Stats. 1947, Ch. 1451.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 3 - The Care and Protection of State Highways › ARTICLE 4 - Protection of Beds of Mapped Highways › Section 740.8.

740.8. No person shall hereafter erect any building or structure, other than a temporary structure costing less than five hundred dollars ($500) without a permit to do so. If no other agency is charged with the duty of issuing such permits the county surveyor shall have such duty.
(Added by Stats. 1947, Ch. 1451.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 3 - The Care and Protection of State Highways › ARTICLE 4 - Protection of Beds of Mapped Highways › Section 741.

741. Prior to issuing a building permit the officer whose function is to issue such permits shall examine the precised plan and if he finds that the building or structure proposed to be erected will lie within the boundaries of the mapped highway he shall grant the permit if the cost of the proposed building or structure is five hundred dollars ($500) or less. Otherwise he shall refuse such permit and notify the applicant for the permit of the reason for such refusal.
(Added by Stats. 1947, Ch. 1451.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 3 - The Care and Protection of State Highways › ARTICLE 4 - Protection of Beds of Mapped Highways › Section 741.2.

741.2. Any person aggrieved by the refusal of a building permit under this article may request a hearing on the matter by an appeals board. Except as hereinafter provided the governing body of the county is the appeals board for the county. If the governing body of any county determines that the number of hearings requested is so numerous that they cannot be handled expeditiously by such body, it shall appoint an appeals board to conduct such hearings.
(Added by Stats. 1947, Ch. 1451.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 3 - The Care and Protection of State Highways › ARTICLE 4 - Protection of Beds of Mapped Highways › Section 741.4.

741.4. The appeals board shall grant the permit if any of the following are true:
(a) That the property of which the mapped highway location is a part is of such nature that the owner of the land will be substantially damaged by the refusal to grant the permit.
(b) That the property will not earn a fair return on the owner’s investment unless the construction involved is authorized.
(c) That, balancing the interests of the public in preserving the integrity of the officially mapped highway against the interest of the owner of the land in using his property, the granting of the permit is required by considerations of justice and equity.
(Added by Stats. 1947, Ch. 1451.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 3 - The Care and Protection of State Highways › ARTICLE 4 - Protection of Beds of Mapped Highways › Section 741.6.

741.6. The appeals board shall not grant the permit if any of the following are true:
(a) That the owner of the land will not be substantially damaged by locating the proposed structure on his land outside of the lines of the mapped highway.
(b) That, balancing the interests of the public in preserving the integrity of the mapped highway against the interest of the land owner in using his property as proposed to be used, the resulting disadvantages to the State would be unreasonably disproportionate to the advantages to the owner to be derived from so using the property.
(Added by Stats. 1947, Ch. 1451.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 3 - The Care and Protection of State Highways › ARTICLE 4 - Protection of Beds of Mapped Highways › Section 741.7.

741.7. Nothing in this article shall be deemed a condition precedent to the acquisition of rights of way by purchase or by proceedings in eminent domain.
(Added by Stats. 1947, Ch. 1451.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 3 - The Care and Protection of State Highways › ARTICLE 4 - Protection of Beds of Mapped Highways › Section 741.8.

741.8. Nothing in this article shall be construed to restrict the right of any person to seek declaratory relief pursuant to Section 1060 of the Code of Civil Procedure or to avail himself of any other legal or equitable remedy applicable to his particular case.
(Added by Stats. 1947, Ch. 1451.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 3 - The Care and Protection of State Highways › ARTICLE 4 - Protection of Beds of Mapped Highways › Section 741.9.

741.9. The assessor, in assessing any property affected by the provisions of this article, shall take into consideration any impairment of the use of the property which lessens its actual value resulting from the establishment of the location of the highway.
(Added by Stats. 1947, Ch. 1451.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 3 - The Care and Protection of State Highways › ARTICLE 4 - Protection of Beds of Mapped Highways › Section 742.

742. If any provision of this article, or the application thereof to any person, or circumstance, is held invalid, the remainder of this article, and the application of such provision to other persons or circumstances shall not be affected thereby.
(Added by Stats. 1947, Ch. 1451.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 3 - The Care and Protection of State Highways › ARTICLE 5 - Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities › Section 745.

745. The Legislature hereby finds and declares that:
(a) The establishment, use, and maintenance of junkyards in areas adjacent to any interstate or primary highway should be controlled in order to promote the safety and recreational value of public travel, to protect the public investment in such highways, and to preserve the natural beauty of areas adjacent to such highways. The Legislature finds that motorists are distracted by unscreened junkyards adjacent to such highways and that a junkyard visible from such a highway constitutes a hazard to the safety of the traveling public.
(b) It is the intent of the Legislature, by the enactment of this article, to provide for the state control of junkyards required by Section 136 of Title 23 of th United States Code.
(c) The recycling industry plays an important role in the conservation of our state resources. In support of that role, should removal of junk or scrap from a nonconforming junkyard be necessary because such junk or scrap is visible from any interstate or primary highway, then the department may either purchase such junk or scrap and move it to a recycling center or pay the costs of moving the junk or scrap to a recycling center, whichever is less expensive.
(Amended by Stats. 1977, Ch. 919.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 3 - The Care and Protection of State Highways › ARTICLE 5 - Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities › Section 746.1.

746.1. “Nonconforming junkyard” means either of the following:
(a) A junkyard lawfully in existence on October 6, 1966, but which does not conform to the requirements of this article.
(b) A junkyard which is lawfully in existence at any time but later fails to comply with the requirements of this article due to special conditions as defined in subdivision (f) of Section 746.
(Added by Stats. 1977, Ch. 919.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 3 - The Care and Protection of State Highways › ARTICLE 5 - Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities › Section 746.2.

746.2. Nonconforming junkyards may continue in existence as long as they are not extended, enlarged, or changed in use, and are otherwise lawfully maintained.
If the location of a nonconforming junkyard is changed for any reason, it ceases to be nonconforming and shall be treated as a new junkyard at a new location.
(Added by Stats. 1977, Ch. 919.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 3 - The Care and Protection of State Highways › ARTICLE 5 - Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities › Section 746.3.

746.3. An illegal junkyard is one which is either:
(a) Established or is maintained in violation of this article and does not come within the definition of a “nonconforming junkyard,” as defined in Section 746.1.
(b) A junkyard which becomes visible due to inadequate maintenance of screening located off the highway right-of-way, or the placement of junk so that it may be seen above or beyond the screen, or otherwise becomes visible.
(c) A junkyard which, due to any conditions other than those described in subdivision (f) of Section 746, is established or maintained in violation of this article.
(Added by Stats. 1977, Ch. 919.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 3 - The Care and Protection of State Highways › ARTICLE 5 - Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities › Section 747.

747. Except as hereafter provided, no junkyard shall be established, operated, or maintained if any portion of the junkyard is within 1,000 feet of the nearest edge of the right-of-way and visible from the main traveled way of any interstate or primary highway and is not located in an area zoned for industrial purposes.
(Amended by Stats. 1977, Ch. 919.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 3 - The Care and Protection of State Highways › ARTICLE 5 - Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities › Section 747.1.

747.1. Sanitary landfills need not be screened to satisfy the requirements of this article but landscaping shall be required when the fill has been completed and operations have ceased, unless the landfill area is to be used for immediate development purposes.
(Added by Stats. 1977, Ch. 919.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 3 - The Care and Protection of State Highways › ARTICLE 5 - Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities › Section 748.

748. (a) Any nonconforming junkyard, as soon as the maximum federal share under Section 136 of Title 23, United States Code, is available for that purpose, shall be removed from sight of interstate or primary highways by any of the following methods to whatever extent is required, so as not to be visible from the main traveled way of any interstate or primary highway:
(1) Screening by natural objects, plantings, fences, or other appropriate means.
(2) Recycling, as defined in subdivision (j) of Section 746.
(3) Relocation.
(b) This section applies if any portion of such junkyard is within 1,000 feet of the nearest edge of the right-of-way and if it is visible from the main traveled way of such highway. The department shall screen such junkyards at locations on the highway right-of-way or in areas acquired for such purpose adjacent to the right-of-way or may compensate the junkyard owner for the placement of screening on the junkyard property.
(Repealed and added by Stats. 1977, Ch. 919.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 3 - The Care and Protection of State Highways › ARTICLE 5 - Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities › Section 749.

749. The department may also screen any junkyards located within 1,000 feet of the nearest edge of the right-of-way of an interstate or primary highway and located within an industrial zone if the director finds that such screening is necessary or desirable to achieve the purposes set forth in subdivision (a) of Section 745.
(Amended by Stats. 1977, Ch. 919.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 3 - The Care and Protection of State Highways › ARTICLE 5 - Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities › Section 751.

751. The department is authorized to acquire such interests in real and personal property as may be necessary to effect the screening, recycling, relocation, removal, or disposal of junkyards required by the provisions of this article.
(Amended by Stats. 1977, Ch. 919.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 3 - The Care and Protection of State Highways › ARTICLE 5 - Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities › Section 751.1.

751.1. The Legislature hereby declares that the acquisition of interests in real and personal property to effect the screening, relocation, removal, or disposal of junkyards provided for in Section 751 constitutes a public use and purpose.
(Amended by Stats. 1977, Ch. 919.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 3 - The Care and Protection of State Highways › ARTICLE 5 - Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities › Section 752.

752. If federal law should be interpreted as requiring the states to pay just compensation with regard to the relocation, removal, or disposal of junkyards, just compensation shall be paid by the department to the owners of nonconforming junkyards which must be relocated, removed, or disposed of pursuant to the provisions of this article.
(Amended by Stats. 1977, Ch. 919.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 3 - The Care and Protection of State Highways › ARTICLE 5 - Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities › Section 753.

753. The commission is authorized to allocate funds from the State Highway Account in the State Transportation Fund for all of the following purposes:
(a) Costs of administering the provisions of this article.
(b) Costs of maintaining only that screening which is located on state right-of-way.
(c) Costs necessary to match the maximum contribution allowed by the federal government in carrying out the purposes of this article.
(Repealed and added by Stats. 1977, Ch. 919.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 3 - The Care and Protection of State Highways › ARTICLE 5 - Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities › Section 754.

754. Any junkyard which is established or maintained in violation of the provisions of this article or the regulations prescribed thereunder is a public nuisance and may be removed or otherwise disposed of by any public employee or entity.
(Amended by Stats. 1977, Ch. 919.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 3 - The Care and Protection of State Highways › ARTICLE 5 - Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities › Section 755.

755. The director may screen, relocate, remove or dispose of any illegal junkyard after 30 days’ written notice posted on such property and a copy forwarded by mail to the owner of such junkyard at his last-known address. The department shall have an action to recover the expense of such screening, relocating, removing or disposing, costs and expenses of suit, and, in addition thereto, the sum of one hundred dollars ($100) for each day such junkyard or portion thereof, remains in violation after the expiration of 30 days from the time of forwarding such written notice.
For the purposes of this section, the director or his authorized agent may enter upon private property.
All costs incurred under this section in screening, relocating, removing or disposing of such junkyards shall be the responsibility of the owners thereof.
(Amended by Stats. 1977, Ch. 919.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 3 - The Care and Protection of State Highways › ARTICLE 5 - Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities › Section 756.

756. Every illegal junkyard is a public nuisance and every person, as principal, agent or employee, violating any of the provisions of this article or the regulations prescribed thereunder is guilty of a misdemeanor.
(Amended by Stats. 1977, Ch. 919.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 3 - The Care and Protection of State Highways › ARTICLE 5 - Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities › Section 757.

757. The remedies provided in this article for the removal of junkyards are cumulative and not exclusive of any other remedies provided by law.
(Amended by Stats. 1977, Ch. 919.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 3 - The Care and Protection of State Highways › ARTICLE 5 - Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities › Section 758.

758. The director may enter into agreements with the Secretary of Transportation of the United States and accept any allotment of funds as provided by Section 136 of Title 23 of the United States Code.
(Amended by Stats. 1970, Ch. 990.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 3 - The Care and Protection of State Highways › ARTICLE 5 - Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities › Section 759.

759. The director shall prescribe and enforce regulations governing the establishment, screening, relocation, removal, or disposal of junkyards as provided in this article consistent with the provisions of Section 136 of Title 23 of the United States Code and the national standards promulgated thereunder by the Secretary of Transportation.
(Amended by Stats. 1977, Ch. 919.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 3 - The Care and Protection of State Highways › ARTICLE 5 - Control of Junkyards, Scrap Metal Processing Facilities, and Automobile Dismantling Facilities › Section 759.3.

759.3. It is declared to be the intent of the Legislature in enacting this article to establish minimum standards with respect to the regulation of outdoor junkyards. The governing body of any city, county, or city and county may enact ordinances, including, but not limited to, land use or zoning ordinances, imposing restrictions on junkyards equal to or greater than those imposed by this article.
(Amended by Stats. 1977, Ch. 919.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 4 - Cooperation By and With the State › ARTICLE 1 - County Aid to State › Section 760.

760. (a) If the board of supervisors of any county determines, by a four-fifths vote of the membership of the board, that the acquisition or contribution authorized under this section will promote the interests of the county and the acquisition or contribution is recommended in writing by the department, the board, by resolution passed by a four-fifths vote of its members, may proceed to do either or both of the following:
(1) Acquire any real property or interest needed for state highway purposes and described in the department’s written recommendation. The board shall proceed, if necessary, to condemn the real property or any interest therein. The title to the property or interest may be taken in the name of the state or the county. The resolution of the board is the only preliminary procedure required prior to the acquisition of the property or interest, or to the commencement of a condemnation proceeding, except that if the acquisition is by eminent domain, the resolution shall be one that satisfies the requirements of Article 2 (commencing with Section 1245.210) of Chapter 4 of Title 7 of Part 3 of the Code of Civil Procedure.
(2) Contribute bridges, fencing, money, labor, materials, and appurtenances toward the construction of state highways within the limits of the county.
(b) After the board has adopted the resolution described in subdivision (a) and based on the terms of that resolution, the department may proceed to condemn any real property or interest that is described in both the department’s recommendation and the board’s resolution.
(c) The acquisitions or contributions authorized under this section shall be for the use of the state as provided in Section 762.
(Amended by Stats. 1999, Ch. 546, Sec. 1. Effective September 28, 1999.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 4 - Cooperation By and With the State › ARTICLE 1 - County Aid to State › Section 761.

761. The expense of any such acquisition of real property or interest therein, or of any such contribution, or of both, may be charged to the general fund of the county, the road fund of the county, or the district fund of the district benefited.
(Amended by Stats. 1961, Ch. 801.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 4 - Cooperation By and With the State › ARTICLE 1 - County Aid to State › Section 762.

762. The State may receive and use the benefits provided under section 760, and any money contributed by a county under that section shall be paid into a State fund available for highway purposes and designated by the board of supervisors in the resolution determining such contribution.
(Enacted by Stats. 1935, Ch. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 4 - Cooperation By and With the State › ARTICLE 2 - Cooperative Highway Construction and Improvement › Section 790.

790. The board of supervisors of any county may, by a vote of not less than three-fifths of its membership, petition the department to cooperate, under the provisions of this article, in the improvement of an existent highway or the construction of a proposed highway in that county when such existent highway connects, or such proposed highway will connect, a forest highway system road or national park road which is already built or under construction, with any State highway. Such connecting highway shall not exceed fifty miles in length.
When any highway sought to be improved or constructed under the provisions of this article is situated in two or more counties, a petition, or concurrence in such a petition, passed by a three-fifths vote of the membership of the board of supervisors of each of such counties is required to initiate the proceeding under this article.
(Enacted by Stats. 1935, Ch. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 4 - Cooperation By and With the State › ARTICLE 2 - Cooperative Highway Construction and Improvement › Section 791.

791. Such petition shall contain:
(a) A description of the highway proposed to be improved or constructed.
(b) A statement as to whether the county will supply, at its own expense, such rights of way as are necessary.
(c) A statement of the funds which such county already has available, or proposes to provide, for such construction.
(d) Such other information or data as the department requests.
(Enacted by Stats. 1935, Ch. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 4 - Cooperation By and With the State › ARTICLE 2 - Cooperative Highway Construction and Improvement › Section 792.

792. Upon the receipt of such petition, if the department determines that public necessity and convenience will be served thereby, it may cooperate with the petitioning county or counties, in any manner agreeable to all parties, for the purpose of procuring preliminary estimates of the cost of the proposed project. After such preliminary estimates are made and submitted to it, the department may enter into an agreement with any petitioner or with the several petitioners for the purpose of securing detailed surveys, plans, specifications, and estimates of the cost of the proposed project.
(Enacted by Stats. 1935, Ch. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 4 - Cooperation By and With the State › ARTICLE 2 - Cooperative Highway Construction and Improvement › Section 793.

793. All such surveys, plans, specifications, and estimates of cost shall be subject to the approval of the department. Upon such approval, a copy of the petition and approved documents shall be filed with the department, and with the clerk of the board of supervisors and the county recorder of each petitioning county.
(Enacted by Stats. 1935, Ch. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 4 - Cooperation By and With the State › ARTICLE 2 - Cooperative Highway Construction and Improvement › Section 794.

794. Upon such approval the department may enter into a written agreement with any petitioner or with the several petitioners for the improvement or construction of the highway in question. The cost of such improvement or construction shall be prorated between the contracting parties in any agreed proportion.
(Enacted by Stats. 1935, Ch. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 4 - Cooperation By and With the State › ARTICLE 2 - Cooperative Highway Construction and Improvement › Section 795.

795. If the proposed construction or improvement lies wholly within one county, the board of supervisors of the county may designate the county surveyor or any engineer to take charge of the work. If two or more counties are petitioners they shall agree as to the engineer or county surveyor who will take charge of the work and after so agreeing they shall notify the department that they are ready to proceed with the work.
(Enacted by Stats. 1935, Ch. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 4 - Cooperation By and With the State › ARTICLE 2 - Cooperative Highway Construction and Improvement › Section 796.

796. When a written agreement has been entered into as provided in section 794, detailed plans and specifications shall be prepared by the engineer or surveyor named to take charge of the proposed construction or improvement and shall be submitted to the department for its approval. If such plans and specifications meet with the approval of the department it shall so notify the petitioning board or boards of supervisors.
(Enacted by Stats. 1935, Ch. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 4 - Cooperation By and With the State › ARTICLE 2 - Cooperative Highway Construction and Improvement › Section 797.

797. The board shall then proceed to advertise for bids and let the contract for the improvement or construction of such highway after first securing the department’s written approval of the proposal submitted by the successful bidder. If the bids for improving or constructing such highway exceed a figure which the department considers reasonable, such bids shall be rejected. In such case the project may be readvertised and if, upon such readvertisement, no satisfactory bid is received the work proposed may, subject to the approval and under the inspection of the department, be undertaken by day labor.
(Enacted by Stats. 1935, Ch. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 4 - Cooperation By and With the State › ARTICLE 2 - Cooperative Highway Construction and Improvement › Section 798.

798. Payment for the work done under this article shall be made in the manner provided by law for the payment of claims against counties. Upon satisfactory evidence being presented to the department that the work done conforms to its requirements, the department shall pay, in the manner provided by law, its pro rata share of the cost of the work as agreed upon. Such payment shall be made out of any funds available to the department for such purposes.
(Enacted by Stats. 1935, Ch. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 4 - Cooperation By and With the State › ARTICLE 2.5 - Advance Mitigation Program › Section 800.

800. (a) The Advance Mitigation Program is hereby created in the department to enhance communications between the department and stakeholders to protect natural resources through project mitigation, to meet or exceed applicable environmental requirements, to accelerate project delivery, and to mitigate, to the maximum extent required by law, environmental impacts from transportation infrastructure projects. The department shall consult on all activities pursuant to this article with the Department of Fish and Wildlife, including activities pursuant to Chapter 9 (commencing with Section 1850) of Division 2 of the Fish and Game Code.
(b) Commencing with the 2017–18 fiscal year, and for a period of four years, the department shall set aside no less than thirty million dollars ($30,000,000) annually for the Advance Mitigation Program from the annual appropriations for the State Highway Operation and Protection Program and the State Transportation Improvement Program for the planning and implementation of projects in the Advance Mitigation Program. Mitigation credits or values generated or obtained with these funds may be used only for transportation improvements in the State Transportation Improvement Program or the State Highway Operation and Protection Program, and may be transferred to another agency, but only upon full reimbursement of the department pursuant to subdivision (b) of Section 800.6.
(c) Upon the order of the Director of Finance, the Controller shall transfer the amount identified for the Advance Mitigation Program in subdivision (b), as determined by the department and the Department of Finance, to the Advance Mitigation Account in the State Transportation Fund.
(d) The annual Budget Act and subsequent legislation may establish additional provisions and requirements for the program.
(Amended by Stats. 2017, Ch. 95, Sec. 10. (SB 103) Effective July 21, 2017.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 4 - Cooperation By and With the State › ARTICLE 2.5 - Advance Mitigation Program › Section 800.7.

800.7. The Advance Mitigation Account is hereby created in the State Transportation Fund as a revolving fund. Notwithstanding Section 13340 of the Government Code, the account shall be continuously appropriated without regard to fiscal years for purposes of the Advance Mitigation Program. The activity of the account shall be reported to the commission. The program is intended to become self-sustaining. Expenditures from the account shall later be reimbursed from project funding available at the time a planned transportation project is constructed.
(Added by Stats. 2017, Ch. 95, Sec. 13. (SB 103) Effective July 21, 2017.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 4 - Cooperation By and With the State › ARTICLE 2.5 - Advance Mitigation Program › Section 800.8.

800.8. The program is intended to improve the efficiency and efficacy of mitigation only and is not intended to supplant the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resource Code) or any other environmental law. The identification of planned transportation projects and of mitigation projects or measures for planned transportation projects under this article does not imply or require approval of those projects for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resource Code) or any other environmental law.
(Added by Stats. 2017, Ch. 95, Sec. 14. (SB 103) Effective July 21, 2017.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 4 - Cooperation By and With the State › ARTICLE 2.5 - Advance Mitigation Program › Section 800.9.

800.9. The department, pursuant to this article and for the purpose of implementing the Advance Mitigation Program, may develop a programmatic mitigation plan pursuant to Section 169 of Title 23 of the United States Code to address the potential environmental impacts of future transportation projects for the purpose of required mitigation approved by federal, state, and local agencies. The programmatic mitigation plans shall include, to the maximum extent practicable, the information required for regional conservation investment strategies.
(Added by Stats. 2017, Ch. 95, Sec. 15. (SB 103) Effective July 21, 2017.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 4 - Cooperation By and With the State › ARTICLE 3 - Miscellaneous Provisions › Section 810.

810. Any county, city or permanent road division, within the limits of which there is a State highway, may do or order to be done on any such highway any paving, curbing, highway work or sewer work authorized by law. Such governmental unit shall first obtain from the department a permit to do any such work. All grades, elevations or curb lines sought to be established or pavement proposed to be constructed by any such governmental unit shall first be approved by the department. Such governmental unit shall restore, to the satisfaction of the department, any existing pavement which is damaged as a result of such work.
(Enacted by Stats. 1935, Ch. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 4 - Cooperation By and With the State › ARTICLE 4 - State and Federal Highway Work › Section 820.

820. The State of California assents to the provisions of Title 23 of the United States Code, as amended and supplemented, other acts of Congress relative to federal aid, or other cooperative highway work, or to emergency construction of public highways with funds apportioned by the government of the United States. All work done under the provisions of Title 23 or other acts of Congress relative to highways shall be performed as required under acts of Congress and the rules and regulations promulgated thereunder. Laws, or rules and regulations, of this state inconsistent with the laws, or rules and regulations, of the United States, shall not apply to that work, to the extent of the inconsistency.
(Amended by Stats. 2003, Ch. 525, Sec. 36. Effective January 1, 2004.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 4 - Cooperation By and With the State › ARTICLE 4 - State and Federal Highway Work › Section 820.1.

820.1. (a) The State of California consents to the jurisdiction of the federal courts with regard to the compliance, discharge, or enforcement of the responsibilities assumed by the department pursuant to Section 326 of, and subsection (a) of Section 327 of, Title 23 of the United States Code.
(b) In any action brought pursuant to the federal laws described in subdivision (a), no immunity from suit may be asserted by the department pursuant to the Eleventh Amendment to the United States Constitution, and any immunity is hereby waived.
(c) The department shall not delegate any of its responsibilities assumed pursuant to the federal laws described in subdivision (a) to any political subdivision of the state or its instrumentalities.
(d) This section does not affect the obligation of the department to comply with state and federal law.
(Amended by Stats. 2019, Ch. 160, Sec. 1. (AB 252) Effective January 1, 2020.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 4 - Cooperation By and With the State › ARTICLE 4 - State and Federal Highway Work › Section 820.5.

820.5. The department may enter into agreements with authorized officials of the United States for the performance of street or highway construction, improvement, or maintenance projects, including the acquisition of necessary rights-of-way therefor, for military, naval, access, and tactical highways, including highways providing access to timber or other natural resources, regardless of whether or not such highways are on the state highway system. As to any project not on the state highway system, such agreement shall provide for full reimbursement to the department, except for general administrative and administrative engineering expenses.
As to any such street or highway, the department and the commission are, and each of them is, authorized to do any and all things in connection therewith as may be done with reference to the state highways. The commission may adopt resolutions authorizing condemnation of property necessary for such highways with like effect as it may with reference to state highways. All provisions of this article shall apply to any work done by the department under any such agreement.
If desired by the United States, title to any real property, or interest therein, acquired by the department in connection with any such street or highway which is not a part of the state highway system may be transferred to the United States, or any agency thereof, by a conveyance executed on behalf of the State of California by the director. Such conveyance shall only be made in the event the state has been fully reimbursed for any expenditures made in connection with the acquisition of such property or interest therein. Upon completion of the construction of any such highway which is not a state highway, it shall forthwith be turned over to the United States for maintenance and control, if the United States will accept the highway. If the United States will not accept the maintenance and control thereof, such highway shall become a city street or county highway, as the case may be, upon the passage by the commission of a resolution to that effect.
The department may enter into like agreements with authorized officials of the United States to furnish other engineering services, such as laboratory services, upon the condition that the state shall be reimbursed in full therefor.
(Amended by Stats. 1980, Ch. 777, Sec. 73.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 4 - Cooperation By and With the State › ARTICLE 4 - State and Federal Highway Work › Section 821.

821. The department, on behalf of the State, shall submit to the Secretary of Agriculture, or other properly authorized officer of the United States, such project statements as may be required and may agree with the proper officials of the United States as to the kind, quality, and extent of all such work. The department shall file in its office all approved plans, specifications, and estimates.
(Repealed and added by Stats. 1955, Ch. 76.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 4 - Cooperation By and With the State › ARTICLE 4 - State and Federal Highway Work › Section 822.

822. The department is authorized to do any and all acts and things with reference to any military or public street or highway in, or to be constructed in, this State necessary to the performance of any such agreement, including but not limited to the construction or improvement of streets, highways or roads which are not a part of the State Highway System.
(Repealed and added by Stats. 1955, Ch. 76.)