Title 8. Highways — Subtitle 8. Junk and Scrap Yards

For storing, keeping, buying, or selling junk;

For an automobile graveyard; or

As a garbage dump or sanitary fill.

That has facilities for processing iron, steel, or nonferrous scrap metal; and

The principal product of which is scrap iron, scrap steel, or nonferrous scrap for sale only for resmelting purposes.

Shall be made on a form provided by the Administration; and

Shall include the information that the Administration requires for consideration of the application.

Screened by natural objects, plantings, fences, or other appropriate means so as not to be visible from the main traveled way of the highway;

Otherwise not visible from the main traveled way of the highway;

Located in an area that is zoned for industrial use under authority of local law; or

Located in an area that is not zoned for industrial use, but that is used for industrial activities as determined by the Administration with the approval of the United States Secretary of Transportation under the federal Highway Beautification Act of 1965.

It considers necessary to govern the establishment, operation, screening, fencing, and maintenance of any junkyard, automotive dismantler and recycler facility, or scrap metal processing facility that is required to be licensed under this subtitle; and

Consistent with the national standards adopted by the United States Secretary of Transportation under Title 23 of the United States Code, are necessary for the safety, welfare, and enjoyment of the traveling public.

Before a rule or regulation may be adopted under this subtitle, notice of a public hearing on the rule or regulation shall be published once a week for 2 successive weeks in at least two newspapers of general circulation in this State. The notice shall specify a time and place for the public hearing.

After the hearing, the Administration may adopt the proposed rule or regulation.

Except as provided in subsection (b) of this section, if a junkyard, automotive dismantler and recycler facility, or scrap metal processing facility that lawfully existed on January 1, 1968, is within 1,000 feet of the nearest edge of the right-of-way of an interstate or primary highway, is visible from the main traveled way of that highway, and is not located in an area described in § 8-807(a)(3) or (4) of this subtitle, the Administration shall screen the junkyard or facility so that it is not visible from the main traveled way of the highway.

A junkyard or facility shall be screened under this section:

Acquire any real property necessary to relocate the junkyard or facility; and

Pay the costs of relocating, removing, or disposing of the junkyard or facility.

Except as provided in paragraph (2) of this subsection, property may be acquired under Subtitle 3 of this title for any purpose specified in this section.

Property to relocate a junkyard, automotive dismantler and recycler facility, or scrap metal processing facility under subsection (b) of this section may be acquired by condemnation only if the property is located in an area zoned for industrial use or in an unzoned area that is used for an industrial activity.

Any person who violates any provision of this subtitle or of any rule or regulation adopted under it is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100.

If the Administration gives written notice to a person that he is in violation of any provision of this subtitle or of a rule or regulation adopted under it, each day that the violation continues after the thirtieth day after the notice is received constitutes a separate offense.