Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part III - Outdoor Advertising › Chapter 3 - Policy, Procedure and Control of Junkyards along Interstate and Primary Systems › Section III-323 - Documentation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Documentation
				for federal participation will be as prescribed in the most current federal
				publications regarding junkyards. The department will use before and after
				photographs on the junkyard site and the screened or relocated site.
B. Definitions
1966 Inventory
- the record of the survey of
				  junkyards in existence along interstate and federal aid primary highways as of
				  the date of the inventory, compiled by the State Highway Department pursuant to
				  Federal Highway Administration Instructional Memorandum 50-1-66, dated January
				  7, 1966.
Automobile Graveyard
- any establishment or
				  place of business which is
maintained
, used, or operated for
				  storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled
				  motor vehicles or motor vehicle parts. Ten or more such dismantled vehicles
				  will constitute an automobile graveyard.
Centerline of the Highway
- a line
				  equidistance from the edge of the median separating the main-traveled ways of a
				  divided highway, or the centerline of the main-traveled way of a nondivided
				  highway, or the centerline of each of the main-traveled ways of a divided
				  highway separated by more than the normal median width or constructed on
				  independent alignment.
Effective Screening
- the planting,
				  architectural screen barrier, earth grading, inventory reduction, shifting of
				  the storage area on the same property, and any combination of these that
				  eliminates the visibility of the junk.
Federal-Aid Primary Highway
- any highway
				  within that portion of the state highway system as designated, or as may
				  hereafter be so designated by the state, which has been approved by the
				  secretary of Transportation pursuant to Subsection (b) of Section 103, Title
				  23, United States Code.
Illegal Junkyard
- one which was established
				  and/or maintained in violation of state law or local ordinance or other valid
				  regulatory standard.
Industrial Activities for Purposes of Classifying
				  Unzoned Industrial Areas
- those permitted only in industrial zones, or
				  in less restrictive zones by the nearest zoning authority within the state, or
				  prohibited by said authority but generally recognized as industrial by other
				  zoning authorities within the state, or prohibited by said authority but
				  generally recognized as industrial by other zoning authorities within the
				  state, except that none of the following shall be considered industrial
				  activities:
a. outdoor advertising
				structures;
b. agricultural,
				forestry, ranching, grazing, farming and related activities, including, but not
				limited to, wayside fresh produce stands;
c. activities normally and regularly in
				operation less than three months of the year;
d. transient or temporary
				activities;
e. activities not
				visible from the traffic lanes of the main-traveled ways;
f. activities more than 300 feet from the
				nearest edge of the main-traveled ways;
g. activities conducted in a building
				principally used as a residence;
h.
				railroad tracks, minor sidings, and passenger depots;
i. junkyards, as defined in Section 136,
				Title 23, United States Code.
Junk
-old or scrap metal, rope, rags,
				  batteries, paper, trash, rubber debris, waste, or junk, dismantled, or wrecked
				  automobiles or parts thereof.
Junkyard
-an establishment or place of
				  business which is maintained, operated or used for storing, keeping, buying, or
				  selling junk, or for the maintenance or operation of an automobile graveyard,
				  and the term shall include garbage dumps and sanitary landfills.
a. Activities for purposes of classifying
				junkyards include:
i. scrap metal processors,
				auto-wrecking yards, salvage yards, scrap yards, auto-recycling yards, used
				auto parts yards, and similar facilities;
ii. temporary storage of automobile bodies or
				parts awaiting disposal as a normal part of a business operation when the
				business will continually have like materials located on the
				premises.
b. Activities
				not included in classifying junkyards include:
i. litter, trash, and other debris scattered
				along or upon the highway;
ii.
				temporary operations and outdoor storage of limited duration not falling within
				Subparagraph b above.