Non-Regulatory Supplement Attachment

OPI: HEPR

ADVISORY GUIDELINES FOR IMPLEMENTATION OF THE JUNKYARD CONTROL PROGRAM

1. It is advisable that States establish a system of priorities in the control of nonconforming junkyards. Principal objectives should be (1) to recycle or dispose of junk that is not usable as stock-in-trade in the owner's ongoing business; (2) wherever feasible or practical, to effectively screen from sight the remaining junkyard; and (3) as a last resort, relocate the remaining junkyard to a non-visible site at a conforming location, preferable in an industrial area.

2. In general, inventory that is not usable as stock-in-trade in an ongoing business should be recycled to the extent that this is necessary to achieve effective control of a given junkyard. It is not intended that a junkyard’s entire dead inventory be recycled if this is not a necessary part of the plan of operations.

3. Situations which should be considered impractical to screen and should be removed for disposal or recycling:

   1. Abandoned or discontinued junkyard establishments.

   2. Vacant land which has become a dumping ground for abandoned junk.

   3. That portion of a junkyard which contains inventory having no economic or resale value to the owner. This may be accomplished by removing such inventory and, where necessary, relocating the remaining inventory to a storage area on the property which is screened or screenable.

   4. Junkyards which will be terminated within a 5-year period. This would include junkyards subject to termination clauses in local zoning ordinances, junkyards located in a proposed improvement project, and those situations where the junkyard owner intends to go out of business.

   5. Where the junkyard, at its location, is a hazard to public safety or health under State law.

   6. Where it can be shown that the benefits of screening are far outweighed by the benefits of removal, taking into account community preferences, existing land uses in the area, traffic conditions, planning, aesthetics, cost, zoning, etc.

   7. Where a junkyard owner volunteers all or a substantial portion of the junk on his property for removal.

   8. Where the topography of the land will not permit adequate screening.

   9. Where screening would block out a scenic vista or other significant landmark.

4. Screening should be relatively maintenance free, and it should be as compatible with the general areas as possible. Climate, soil conditions, extent of land area available, types of interest which may be required, and the availability of materials are pertinent factors.

5. Consideration should be given to all means of accomplishing effective screening. Each site should be judged on its own characteristics. It may be desirable to develop several alternative schemes for the screening of a site considering the visual effect, economy, and feasibility. Use of existing "natural" screens should be given high priority.

6. Alternative types of screening:

   1. Use of Plant Material. Planting of trees, shrubs, etc., of a sufficient size and density to provide year-round effective screening. Plants should be selected to complement the existing highway and adjacent land use environmental conditions.

   2. Earth Grading. Construction of earth mounds, graded, shaped, and planted to a natural appearance, to block visibility.

   3. Architectural Barrier. Utilization of fences, walls, or other structural elements.

   4. Relocation on Site. The relocation of scrap inventory on site to utilize an existing natural screen or screenable portion of the site.

   5. Combination. The utilization of any of the above types or combinations to achieve effective screening.

7. Acquisition of screening rights outside the normal highway right-of-way lines by temporary easement or right of entry is encouraged so that screening ownership will become that of the junkyard owner by reversion or bill of sale. In this manner, the responsibility for maintenance becomes that of the owner and may be controlled by the State under its police power authority provided by the State's compliance law. If adequate land area to accommodate the screen outside the highway right-of-way is not available, very costly, or otherwise not feasible to acquire, the State should consider providing a screen within the right-of-way.

8. Where screening is to be used, it is highly desirable to have a qualified landscape architect prepare or review the plans.