In this subtitle the following words have the meanings indicated. “Automobile graveyard” means an establishment or place of business that is maintained, operated, or used for storing wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts. “Automotive dismantler and recycler facility” means an establishment or place of business that is maintained, operated, or used for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts. All requirements in any statute, rule, or regulation applicable to automobile graveyards also apply to automobile dismantler and recycler facilities. “Junk” means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, iron, steel, and any other old or scrap material. “Junkyard” means an establishment or place of business that is maintained, operated, or used: For storing, keeping, buying, or selling junk; For an automobile graveyard; or As a garbage dump or sanitary fill. “Main traveled way” has the meaning stated in § 8–701 of this title. “Primary highway” means any State highway that is designated under this title as a primary highway and approved by the United States Secretary of Transportation under Title 23 of the United States Code. “Scrap metal processing facility” means an establishment: 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.

The General Assembly of Maryland finds and declares that, to promote the public safety, health, welfare, convenience, and enjoyment of public travel, to protect the public investments in highways, and to preserve and enhance the scenic beauty of lands bordering public highways: It is in the public interest to regulate and restrict the establishment, operation, and maintenance of automotive dismantler or recycler facilities, scrap metal processing facilities, and junkyards near the interstate and primary highways in this State; and Junkyards, automotive dismantler or recycler facilities, and scrap metal processing facilities are to conform to the requirements of this subtitle.

A person may not establish, operate, or maintain any new junkyard, automotive dismantler and recycler facility, or scrap metal processing facility or expand the area of any existing junkyard or automotive dismantler and recycler facility, if any part of the junkyard or facility is within 1,000 feet of the nearest edge of the right-of-way of any interstate or primary highway and is visible from the main traveled way of that highway, unless the person is licensed by the Administration under this subtitle. This section does not apply to any junkyard or facility that was in existence on or before January 1, 1968, unless the area of its operation is expanded.

Each application for a license under this subtitle: Shall be made on a form provided by the Administration; and Shall include the information that the Administration requires for consideration of the application. Each license issued under this subtitle expires on the December 31 after its issuance and may be renewed annually on application and payment of the required fee.

Each applicant for a license or the renewal of a license under this subtitle shall pay an annual fee established by the Administration. If a license is issued in any month after December, the fee for that license shall be prorated according to the number of months, including the month of its issuance, that remain in the license year.

The Administration shall issue a license under this subtitle to any applicant who has complied with the requirements of this subtitle.

The Administration may not issue a license under this subtitle for the establishment, operation, or maintenance of any new junkyard, automotive dismantler and recycler facility, or scrap metal processing facility or for the expansion of any existing junkyard, automotive dismantler and recycler facility, or scrap metal processing facility if any part of the junkyard or facility is within 1,000 feet of the nearest edge of the right-of-way of any interstate or primary highway, unless the junkyard or facility is: 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. This section does not permit the Administration to preempt any zoning act or ordinance of any political subdivision. If a political subdivision later zones any area for a use that conflicts with a determination of the Administration, the determination of the Administration is void.

The Administration may adopt rules and regulations that: 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: If feasible, on the highway right-of-way; or Otherwise, on other property acquired for that purpose. If the Administration determines that the topography of the land or economic factors prevent adequate screening of a junkyard, automotive dismantler and recycler facility, or scrap metal processing facility under this section, the Administration, with the approval of the local government, shall: 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.

The Administration may not spend funds under this subtitle to pay the cost of screening or relocating any junkyard, automotive dismantler and recycler facility, or scrap metal processing facility until appropriate matching federal funds are available to this State under the federal Highway Beautification Act of 1965.

This subtitle does not abrogate or affect any statute, ordinance, regulation, or resolution that is more restrictive in the regulation of junkyards, automotive dismantler and recycler facilities, or scrap metal processing facilities than this subtitle.

If a junkyard, automotive dismantler and recycler facility, or scrap metal processing facility is in violation of any provision of this subtitle, the Administration may apply for an injunction to a court of equity in the county where the junkyard or facility is located. 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.