In this chapter, the following terms have the meanings indicated. Terms Defined. “Administration” means the State Highway Administration. "Center line of highway" means a line equidistant from the outer edges of the median separating the main traveled ways of a divided highway, or the painted center line of the main traveled way of a nondivided highway, or a line equidistant from the outer edges of the paved surface of a nondivided highway on which no center line is painted. “Distance from highway to junkyard” means the distance from a highway to the nearest edge of actual junkyard operations, on the perpendicular to the center line of the highway. “Existing junkyard” means a junkyard which was established, maintained, and operated as of a certain date. It includes a junkyard which was established, maintained, and operated at a different location on that date, but which has been relocated under Transportation Article, §8-809(b), Annotated Code of Maryland. “Illegal junkyard” means a junkyard or portion of a junkyard that was established or is maintained in violation of State law, except that a “nonconforming junkyard” is not an “illegal junkyard”. “Interstate highway” means a State highway that is part of the natural interstate system, as designated by the Administration and approved by the United States Secretary of Transportation under Title 23 of the United States Code. “Junkyard” means an establishment or place of business described in Transportation Article, §8-801(d), Annotated Code of Maryland. “Main traveled way” means that part of the highway that is used for the movement of vehicles and on which through-traffic is carried. It excludes shoulders and any frontage roads, turning roadways, parking areas, or similar facilities. In the case of a divided highway, the “main traveled way” is that part of each of the separated roadways that is used for the movement of vehicles and on which through-traffic is carried in opposite directions. “Nonconforming junkyard” means a junkyard or portion of a junkyard that was lawfully established (including one that was established on or before January 1, 1968), but that: because of a change in ordinances, laws, or regulations; because of new highway construction; because of a zoning change or reclassification of a highway as an interstate or primary highway; or because of some similar change in conditions not attributable to the junkyard owner or operator; does not comply with current provisions (for example, current provisions governing the location and screening of junkyards). “Owner or operator” means the person who has control over the maintenance and operations of a junkyard. “Person” means: An individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind; Any partnership, firm, association, public or private corporation, or other entity; and Unless the context requires otherwise, the State, any county, municipal corporation, or other political subdivision of the State, and any of their agencies or units. “Primary highway” means a State highway that is designated as such by the Administration, with the approval of the Secretary of Transportation, and that has been approved by the United States Secretary of Transportation under Title 23 of the United States Code. “Section” means the Outdoor Advertising Section within the Administration. “Visible” means capable of being seen without visual aid by a person of normal eyesight. The Section, under the direction of its designated chief, has charge of the licensing of junkyards under the law, and conducts all surveillance and enforcement activities under the law and the regulations. The following regulations govern the Section in licensing existing and new junkyards under Transportation Article, Title 8, Subtitle 8, Annotated Code of Maryland: Application. An applicant for an initial or renewed junkyard license shall apply on a form furnished by the Section. Signature. The applicant or his duly authorized agent shall sign the application form. Attachments. The applicant shall attach to the completed application form all of the following: Plan drawings of the proposed new junkyard or addition to an existing junkyard, prepared on a scale no smaller than 50 feet = 1 inch, showing the following: The boundary lines of the proposed new junkyard or addition to the existing junkyard, the center line and the right-of-way lines to any interstate or primary highway in the vicinity, and the distances between the proposed junkyard or addition and the highway at appropriate points, and The location and details of any proposed screening; A general location map; A permit or certificate from any local authority that has jurisdiction over the area where the junkyard is located and that has passed any zoning law or ordinance for the area, approving the location of the proposed junkyard or addition and indicating the zoning of that location. Approval for Expansion of Licensed Junkyard. A person proposing to expand a previously licensed junkyard need not submit the application form mentioned in this section, or the license fee mentioned in §C, of this regulation, but he shall submit the information specified in §A(3), of this regulation. Preliminary Submission. An applicant may, with the approval of the Section, submit a basic plan or concept for review and comment, before submitting a formal application and plan drawings. License Fee. An applicant for an initial or renewed junkyard license shall submit with his application a license fee in the amount stated below. Annual Fee. The annual fee for an initial or renewed junkyard license is $100. License Year. The license year extends from January 1 through the following December 31. Every license expires at the end of the license year. Proration of Fee. If an initial license is issued in any month after January, the Section shall prorate the license fee. The Section may not prorate the fee for a renewed license. Prorated fees for initial licenses issued after January 31 are Refund of Fee on Denial of Application. If a the Section denies an application for an initial or renewed license, it shall return the license fee and all application attachments to the applicant, together with a statement of reasons for the denial. Exemption. A State, county, municipal, or public organization or agency applying for an initial or renewed license is exempt from the requirement of a license fee, but is subject to all other requirements imposed by this chapter, or by State laws dealing with the licensing and control of junkyards. No refund If License Revoked. The Section may not refund any part of the license fee upon revocation of a license. Revocation of License. If a junkyard license is issued or renewed on the basis that the junkyard is screened so as not to be visible from the main traveled way of any existing interstate or primary highway, the Section shall revoke the license if it subsequently determines that screening fails for any reason to effectively block the view of the junkyard from the main traveled way of that interstate or primary highway. Before the Section revokes a license, it shall notify the owner or operator of the junkyard and give him a reasonable opportunity to correct any deficiencies in screening. The following requirements apply to all screening that is designed to block the view of a junkyard from the main traveled way of an interstate or primary highway. General Requirements. When the Section requires screening as a condition to the issuance of a license, the junkyard owner or operator shall create an effective screen by planting, by the use of an architectural screen, or by a combination of the two. The screen shall block the view of the junkyard from any point on the main traveled way of any interstate or primary highway. Plantings and architectural screens shall be outside the highway right-of-way and shall be located or installed so as not to be a hazard to the traveling public. The junkyard owner or operator shall bear the cost of all plantings and architectural screens. Planting Screen Requirements. Plantings shall consist of trees, shrubs, or other vegetation of such size and density that they will completely screen the junkyard from the view of the traveling public. The junkyard owner or operator shall obtain the approval of the Section for the location, size, and variety of screen plantings. The Section normally approves major shade trees (large deciduous varieties) having a planting size of 2 1/2 to 4 inches in caliper. Acer (maple), Quercus (oak), Fraxinus (ash), and Celtis occidentalis (hackberry) are varieties the Section considers most desirable. The Section normally approves minor trees (small deciduous varieties) having a planting size of 5 to 10 feet in height. Acer campestre and Acer ginnala (hedge and armur maple), Crataegus (hawthorn), Salix (laurel willow), and Malus (crabapple) are varieties the Section considers most desirable. The Section normally approves evergreen trees having a planting size of 5 to 12 feet in height. Juniperus virginiana (red cedar), Pinus (pine--white, Scotch, Japanese black), Picea abies (Norway spruce), and Thuja (arborvitae) are varieties the Section considers most desirable. Shrubs. The Section normally approves shrubs having a planting size of 4 to 5 feet in height. Viburnum, Cornus (shrub dogwood), Elaeagnus (olive), Euonymus alatus (winged euonymus), forsythia, Ligustrum (privet), and Lonicera (honeysuckle) are varieties the Section considers most desirable. The Section normally requires that spacing for shrubs be from 2 to 5 feet on centers. The Section normally requires multiple rows of shrubs. Architectural Screen Requirements. An architectural screen may consist of an earth mound, wall, or fence, or of a combination of one or more of these structures with plantings. Earth mounds shall be graded and rounded to a reasonably natural appearance, to blend with the existing landscape, and shall be planted with grass, ground cover, or other plant material. Walls shall consist of concrete block, brick, stone, or other material approved by the Section, and their size and appearance shall be in keeping with the area in which they are located. Fences. Fences shall be well constructed of wood, metal, or other material approved by the Section, and all fencing used to screen a particular junkyard shall be uniform in appearance. If the composition of a fence requires that the fence be painted, the color of any paint shall blend into the surrounding environment. Gates in a fence shall be of the same height and material as the fence itself and shall be kept closed when the junkyard is not in operation. The owner or operator of a junkyard may not place or permit anyone else to place an advertisement on a wall or fence used to screen the junkyard. Maintenance of Screening. The junkyard owner or operator shall maintain a planting or architectural screen which makes his junkyard not visible from the highway. Plantings shall be kept in a live, healthy condition. Plants not in a live, healthy condition shall be replaced. Walls and fences shall be kept in good order and repair, acceptable to the Section. The Administration may take action, as follows, against a nonconforming or an illegal junkyard. Action That May Be Taken. Nonconforming Junkyards. In addition to actions that the Administration is required to take against nonconforming junkyards by Transportation Article, §8-809, Annotated Code of Maryland, and in order to avoid the necessity of taking action under that section, the Administration may take one of the following actions against a nonconforming junkyard: If the junkyard is licensed, the Section may revoke its license; The Administration may recycle the junk in any nonconforming portion of the junkyard and then close that portion. Illegal Junkyards. When the Section determines that a junkyard is illegal, it may take either of the following legal actions: It may apply, in the name of the Administration, to a court of equity in the county in which the illegal junkyard is located, for an injunction; or It may apply, in the name of the Administration, to the State's Attorney for the county in which the illegal junkyard is located, to institute criminal proceedings in accordance with Transportation Article, §8-812(b), Annotated Code of Maryland. Transportation Article, §§2-103(b)(2), 8-202(b)(2)(i), 8-203(a), 8-204(b), and 8-808, Annotated Code of Maryland Effective date: September 14, 1977 (4:19 Md. R. 1470) Chapter recodified from COMAR 11.04.13 to 11.04.08 Regulation .01B amended effective September 3, 1990 (17:17 Md. R. 2082); December 18, 1995 (22:25 Md. R. 1963) Regulation .02 amended effective September 3, 1990 (17:17 Md. R. 2082) Regulation .04B amended effective December 18, 1995 (22:25 Md. R. 1963)