Code of Vermont Rules › Agency 14 - AGENCY OF TRANSPORTATION › Sub-Agency 010 - TRANSPORTATION BOARD › Chapter 009 - RULES AND REGULATIONS ADOPTED BY THE TRANSPORTATION BOARD RELATIVE TO THE OPERATION OF JUNKYARDS › Section 14 010 009 - RULES AND REGULATIONS ADOPTED BY THE TRANSPORTATION BOARD RELATIVE TO THE OPERATION OF JUNKYARDS

Current through June, 2024
Section I RULES AND
			 REGULATIONS
The phrase "effectively screens" as used in
				24 VSA,
				2257(a), shall mean that the
				nature and character of any objects located within the junkyard cannot be
				defined when viewed from the public highway. A temporary waiver of the
				requirement of effective screening may be granted by the Board under
				extenuating circumstances. Application must be made in writing to the Board
				stating reason for request, length of time requested, and substantiation of the
				circumstances requiring the waiver. The waiver, if granted, shall remain in
				effect for a period not to exceed 90 days from the date of issue.
For the purpose of establishing a height from which to
				determine the effectiveness of screening, the American Association of State
				Highway & Transportation Officials Standard of 3 feet 9 inches, average eye
				level height of a person sitting in a motor vehicle, is adopted. This standard
				is to be used at the centerline of any highway involved.
Section II
Screening shall be a fence constructed of wood, metal, chain
				link with a fabricated insert, an earthen berm, living coniferous trees, or any
				other alternative method approved by the Board. All fences must be a minimum of
				8 feet in height, unless otherwise approved by the Board, and shall be of
				sufficient height to effectively screen all junk located within the junkyard.
				If the junkyard is on a side hill, making it impractical to construct a fence
				high enough to screen the yard, a series of fences may be constructed to screen
				the yard.
A wooden fence shall be constructed of boards with a minimum
				width of 6 inches, and shall have a maximum spacing of 1/2 inch between said
				boards. The bottom of the ience shall be a maximum of 6 inches above ground
				level. The fence shall be painted or stained with a single color or treated
				with a preservative if the material is new.
A metal fence shall be constructed of sound material with a
				minimum width of 24 inches and a maximum space of 1/2 inch between the panels.
				The fence shall be painted with a single color unless the material is
				galvanized. No portion of a metal fence shall be allowed to remain rusty for
				more than 6 months.
A chain link fence with fabricated insert shall be constructed
				of galvanized or aluminum coated, or aluminum alloy materials. All hardware
				shall be galvanized. The fabricated insert shall be a minimum of 1 7/8 inches
				in width and shall be of wood, aluminum or plastic. Wood inserts shall be
				painted with a single color or treated with a sealer. Damaged inserts for chain
				link fences shall be replaced when required in order to maintain an effective
				screen.
The berm may be constructed of any solid material including,
				but not limited to stumps, demolition debris, rubber tires, etc., or any other
				non-contaminating material. The slopes of the berm shall be graded smooth and
				covered with not less than 3 inches of topsoil and shall be seeded with the
				highway standard seeding formula or its equivalent, if approved by the
				Board.
Living coniferous trees shall be a minimum of 8 feet in height
				and planted in three rows with the rows staggered at 8 foot intervals with the
				trees a maximum of 6 feet apart within each row, unless otherwise approved by
				the Board. Any trees found to be dead at any future time shall be replaced
				during the next planting season.
There shall be no more than one of the approved screening
				materials used to screen any one side of the yard. Adjacent sides may use
				different approved screening materials.
Compliance with the screening requirements shall be
				accomplished prior to the issuance of a license by the Board.
Section III
No initial license will be issued to an operator whose proposed
				junkyard is within a flood plain as designated by the Agency of Environmental
				Conservation or in swamp land.
Section
			 IV
Failure to comply with these rules and regulations or any of
				the provisions of Title 24, Vermont Statutes Annotated, Chapter 51, Subchapter
				10, pertaining to junkyards shall result in immediate legal action and possible
				revocation of the junkyard license.
Section V
Upon petition and due notice, the Board may, following a
				hearing. waive any of the foregoing provisions. The hearing may be held before
				the Board or any Member thereof.
Statutory Authority: 24 V.S.A. C.
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