La. Admin. Code tit. 70 § III-323

Current through Register Vol. 50, No. 11, November 20, 2024
Section III-323 - Documentation
A. Documentation for federal participation will be as prescribed in the most current federal publications regarding junkyards. The department will use before and after photographs on the junkyard site and the screened or relocated site.
B. Definitions

1966 Inventory- the record of the survey of junkyards in existence along interstate and federal aid primary highways as of the date of the inventory, compiled by the State Highway Department pursuant to Federal Highway Administration Instructional Memorandum 50-1-66, dated January 7, 1966.

Automobile Graveyard- any establishment or place of business which is maintained, used, or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts. Ten or more such dismantled vehicles will constitute an automobile graveyard.

Centerline of the Highway- a line equidistance from the edge of the median separating the main-traveled ways of a divided highway, or the centerline of the main-traveled way of a nondivided highway, or the centerline of each of the main-traveled ways of a divided highway separated by more than the normal median width or constructed on independent alignment.

Effective Screening- the planting, architectural screen barrier, earth grading, inventory reduction, shifting of the storage area on the same property, and any combination of these that eliminates the visibility of the junk.

Federal-Aid Primary Highway- any highway within that portion of the state highway system as designated, or as may hereafter be so designated by the state, which has been approved by the secretary of Transportation pursuant to Subsection (b) of Section 103, Title 23, United States Code.

Illegal Junkyard- one which was established and/or maintained in violation of state law or local ordinance or other valid regulatory standard.

Industrial Activities for Purposes of Classifying Unzoned Industrial Areas- those permitted only in industrial zones, or in less restrictive zones by the nearest zoning authority within the state, or prohibited by said authority but generally recognized as industrial by other zoning authorities within the state, or prohibited by said authority but generally recognized as industrial by other zoning authorities within the state, except that none of the following shall be considered industrial activities:

a. outdoor advertising structures;
b. agricultural, forestry, ranching, grazing, farming and related activities, including, but not limited to, wayside fresh produce stands;
c. activities normally and regularly in operation less than three months of the year;
d. transient or temporary activities;
e. activities not visible from the traffic lanes of the main-traveled ways;
f. activities more than 300 feet from the nearest edge of the main-traveled ways;
g. activities conducted in a building principally used as a residence;
h. railroad tracks, minor sidings, and passenger depots;
i. junkyards, as defined in Section 136, Title 23, United States Code.

Junk-old or scrap metal, rope, rags, batteries, paper, trash, rubber debris, waste, or junk, dismantled, or wrecked automobiles or parts thereof.

Junkyard-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, and the term shall include garbage dumps and sanitary landfills.

a. Activities for purposes of classifying junkyards include:
i. scrap metal processors, auto-wrecking yards, salvage yards, scrap yards, auto-recycling yards, used auto parts yards, and similar facilities;
ii. 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.
b. Activities not included in classifying junkyards include:
i. litter, trash, and other debris scattered along or upon the highway;
ii. temporary operations and outdoor storage of limited duration not falling within Subparagraph b above.

Landscaping-planting and related work.

Maintain-allow to exist.

Main-Traveled Way-the traveled way of the highway on which through traffic is carried. In the case of a divided highway, the traveled way of each of the separate roadways for traffic in opposite directions is a main-traveled way. It does not include such facilities as frontage roads, turning roadway, or parking areas.

National System of Interstate and Defense Highways and Interstate Systems-the system presently defined in and designated, or as may hereafter be so designated, pursuant to Subsection (d) of Section 103, Title 23, United States Code.

Non-Conforming Junkyard-one which was lawfully established, but which does not comply with the provisions of state law or state regulations passed at a later date or which later fails to comply with state regulations due to changed conditions.

Sanitary Landfill-a method of disposing of refuse on land without creating a nuisance or hazards to public health or safety by utilizing the principles of engineering to confine the refuse to the smallest practical area, to reduce it to the smallest practical area, to reduce it to the smallest practical volume, and to cover it with a layer of earth at the conclusion of each day's operation or at such more frequent intervals as may be necessary. Sanitary landfills which meet this definition will not be required to be screened, but will be required to be landscaped when the fill has been completed and the operations have ceased.

State Law-a state constitutional provision or statute, or an ordinance, rule, or regulation enacted or adopted by a state agency or political subdivision of a state pursuant to a state constitution or statute.

Unzoned Area-an area where there is no zoning in effect. It does not include areas which may have rural zoning classification or land uses established by zoning variances or special exceptions.

Unzoned Industrial Area-land occupied by the regularly used building, parking lot, storage, or processing area of an industrial activity, and that land within 1,000 feet thereof which is located on the same side of the highway as the principal part of said activity, not predominantly used for residential or commercial purposes, and not zoned by state or local law, regulation, or ordinance.

Visible-capable of being seen without visual aid by a person of normal visual acuity.

Zoned Industrial Area-those districts established by zoning authorities as being most appropriate for industry or manufacturing. A zone which simply permits certain industrial activities as an incident to the primary land use designation is not an industrial zone.

La. Admin. Code tit. 70, § III-323

Promulgated by the Department of Transportation and Development, Office of Highways, LR 1:448 (October 1975).
AUTHORITY NOTE: Promulgated in accordance with R.S. 48:461-48:461.15.