South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 4 - ENGINEERING › Subarticle 3 - HIGHWAY ADVERTISING CONTROL ACT › Section 63-358 - Control of Junkyards

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				Introduction. Consistent with the requirements of the Junkyard Control Act
				these regulations are designed to delineate the methods by which a junkyard is
				constructed and maintained. These regulations pertain to all activities
				identified as junkyards, and includes automobile graveyards, automobile
				junkyards and activities that process, sell and or store junk cars, parts, or
				ferrous and nonferrous material.
B.
				Definition of Terms.
1. "Interstate System"
				means that portion of the National System of Interstate and Defense Highways
				located within this State, as officially designated, or as may hereafter be so
				designated, by the South Carolina Department of Highways and Public
				Transportation, and approved by the Secretary of Commerce or other appropriate
				Federal official, pursuant to the provisions of Title 23 of the United States
				Code.
2. "Federal Aid Primary
				System" means that portion of connected main highways, as officially
				designated, or as may hereafter be so designated by the South Carolina
				Department of Highways and Public Transportation, and approved by the Secretary
				of Commerce or other appropriate Federal official, pursuant to the provisions
				of Title 23 of the United State Code. (1966 (54) 2130.)
3. A "Junkyard" is 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. This definition includes scrap metal processors, auto-wrecking
				yards, salvage yards, scrap yards, auto-recycling yards, used auto parts yards
				and 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. The definition includes garbage dumps
				and sanitary landfills. The definition does not include litter, trash, and
				other debris scattered along or upon the highway, or temporary operations and
				outdoor storage of limited duration.
When used in referring to automobiles, trucks, tractors, etc.
				  the location shall be deemed a junkyard when ten or more or any combination of
				  ten of the above, named vehicles are present at any one time.
4. An "automobile graveyard" shall mean any
				establishment which is maintained or used for storing, buying, or selling
				wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts.
				Automobile graveyards and Junkyards as relates to motor vehicles shall be
				synonymous.
5. A "Scrap Processor"
				shall mean any person, firm or corporation engaged only in the business of
				buying scrap iron and metals, including, but not limited to, old automobiles,
				for the specific purpose of processing into raw material for remelting purposes
				only, and whose principal product is ferrous and nonferrous scrap for shipment
				to steel mills, foundries, smelters and refineries, and maintaining an
				established place of business in this State and having facilities and machinery
				designed for such processing.
6.
				The term "junk" shall mean old or scrap copper, brass, rope rags, batteries,
				paper, trash, rubber debris, waste, junked, dismantled, or wrecked automobiles,
				or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous
				material.
7. "Department" shall
				mean the South Carolina Department of Highways and Public
				Transportation.
8. "Regulations"
				shall mean public declaration of policy published by the South Carolina
				Department of Highways and Public Transportation pursuant to the Junkyard
				Control Act and amendments thereto.
9. "Zoned Industrial areas" those areas that
				are zoned for industrial purposes under authority of state law by an official
				zoning authority within the state.
10. "Unzoned industrial area" means those
				areas, in a political subdivision for which a zoning plan has not been adopted,
				on which there is located one or more permanent structure devoted to an
				industrial activity, and that area along the highway extending outward 1,000
				feet from and beyond the edge of the used area of said activity in each
				direction and a corresponding zone directly across a primary highway provided
				said highway is not a limited or controlled access highway. Measurements for
				said industrial area shall be taken from the regularly used building, parking
				lot, storage, and processing area. None of the following areas or activities
				shall qualify as unzoned industrial areas.
A.
				Land on the opposite side of an Interstate or freeway primary Federal-Aid
				highway.
B. Land predominately used
				for residential purposes.
C. Land
				zoned by State or local law, regulation, or ordinance.
D. Land on the opposite side of a non-freeway
				primary highway which is deemed scenic by the Department of Highways and Public
				Transportation.
E. Outdoor
				Advertising structures.
F.
				Agricultural, forestry, ranching, grazing, farming, wayside produce
				stands.
G. Activities conducted in
				a building principally used as a residence.
H. Transient or temporary
				activities.
I. Activities not
				visible from main traveled way.
J.
				Activities more than 1,000 feet from nearest edge of right-of-way.
K. Railroad tracks and minor
				sidings.
L. Land within 300 feet of
				a residential structure without written consent of the owner of the
				residence.
M. Junkyards as defined
				in Section 136 Title 23 United States Code.
11. "Main Traveled Way" means the traveled
				way of a highway on which through traffic is carried. In the case of a divided
				highway, the traveled way of each in opposite directions is a main traveled
				way. It does not include such facilities as frontage roads, turning roadways,
				parking areas, or ramps.
12.
				"Screening" means any material approved by the Department, such as vegetation,
				fencing, masonry, earth or combination thereof which will effectively obstruct
				from view any deposits of junk from the main traveled way.
13. "Control Area" means all areas along and
				within 1,000 feet of edge of the right-of-way of any highway designated for
				control under the Junkyard Control Act.
14. "Junkyard Placement Distance" means the
				measurement of the 1000 feet limitation shall be measured from the nearest edge
				of right-of-way along a horizontal line perpendicular to the center line of the
				controlled highway.
15.
				"Abandonment" means any activity construed to be subject to the junkyard law
				shall be deemed abandoned when one or more of the following criteria has been
				met:
A. The owner of the activity advises the
				Department that said activity is no longer open and operating as a
				junkyard.
B. When the activity is
				altered or transformed into a type of activity not subject to the Junkyard
				Law.
C. The activity closes its
				office and remains closed for a period of one year with normal activity not
				being readily evident.
D. When
				activity fails to renew business license or fails to comply with other laws or
				regulations for a period of one year.
E. When material that distinguishes the
				activity as such is removed and the area remains vacant for a period of one
				year.