I. GENERAL A. Purpose.

To control the existing and future use and maintenance of junkyards in areas adjacent to the interstate and primary highway systems.

B. Authority.

Part 5 of Article 1 of Title 43, C.R.S. 1973.

C. Applicability.

The requirements in these regulations are applicable to all areas within 1,000 feet of the nearest edge of the right-of-way and visible from the main-traveled way of all federal-aid primary and interstate systems. D. Definitions.

1. “Abandoned” means to relinquish all title, possession, or claim. A junkyard is considered to be abandoned if the business has been voluntarily discontinued, or the activity has been terminated, for a period of one year.

2. “Automobile graveyard” means 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.

3. “Department” means the state department of highways. 4. “Highway means the federal-aid primary and interstate systems. 5. “Junk” means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste, or junked, dismantled or wrecked automobiles, or parts thereof, appliances, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material. 6. “Junkyard” means any 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 includes garbage dumps and sanitary fills. This definition also includes scrap metal processors, auto-wrecking yards, salvage yards, scrap yards, auto-recycling yards, used auto parts yards and 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.

a. An “existing junkyard” is one which was in existence on February 11, 1966, but does not comply with the provisions of state law which became effective on that date. For the purpose of these regulations, existing junkyards are considered to be nonconforming. b. A “Nonconforming junkyard” is one which was lawfully established, but does not comply with the provisions of law or regulations passed at a later date, or which later fails to comply with law or regulations due to changed conditions. Examples of changed conditions would be a junkyard lawfully in existence in an area which at a later date becomes nonindustrial, and thus subject to control, or a junkyard established on a secondary highway later upgraded to a primary highway or an interstate highway. A nonconforming junkyard does not include an illegal junkyard.

c. An illegal junkyard is one which was unlawfully established or is unlawfully maintained and operated, but does not include nonconforming and existing junkyards. 7. “Main-traveled way” means the traveled way of a highway on which through traffic is carried. In the case of a divided highway, the traveled way of each of the separated roadways for traffic in opposite directions is a main-traveled way. It does not include such facilities as frontage roads, turning roadways, or parking areas.

8. “Zoned industrial” means established by zoning authorities as being most appropriate for industry or manufacturing. A zone which may include certain industrial activities as an incident to the primary land use designation is not considered to be an industrial zone. 9. “Person” means any individual, firm, agency, company, association, partnership, business trust, joint stock company, or corporation who operates a junkyard or allows a junkyard to be placed or to remain on premises controlled by him.

10. “Sanitary fill” means the disposal of refuse on land without creating a nuisance or hazard 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.

11. “Visible” means capable of being seen without visual aid by a person of normal acuity as viewed from a standard sized automobile.

II. PERMITS A. Requirement.

Except as provided in these regulations, on and after February 11, 1966 no person shall establish, operate, and maintain a junkyard which is within one thousand feet of the nearest edge of the right-of-way of the highway and visible from the main-traveled way thereof unless a permit is first obtained from the Department.

B. Application for Permit.

Application for a permit shall be submitted on a form substantially similar to that attached hereto as Form A. Each application shall be accompanied by a fee of twenty-five dollars ($25.00) to defray the cost of administration, and this fee shall not be returnable.

C. Issuance - denial - effective screening.

1. No permit shall be issued unless the junkyard can be effectively screened, as provided herein, by natural objects, plantings, fences, or other appropriate means, so as not to be visible from the main-traveled way of the highway.

2. Screening shall be at the expense of the person applying for a permit, and to be effective shall conform to the following minimal criteria:

a. Conceal the junkyard on a year-round basis b. Be compatible with the surroundings c. Be relatively maintenance free, and durable 3. A plan for screening shall accompany the application for an initial permit and shall be in sufficient detail to demonstrate compliance with the foregoing criteria.

D. Expiration - renewal - revocation 1. All permits shall expire one year from the date of issue, unless sooner renewed or revoked by the Department. A junkyard shall not be operated after the expiration of its permit. 2. A permit shall be renewable from year to year within thirty days of its expiration date upon application to the Department (Form B, attached) accompanied by the annual fee of $25.00. 3. A permit shall not be renewed unless the junkyard is effectively screened, as provided herein, so as not to be visible from the main-traveled way of the highway. 4. A failure to maintain effective screening and concealment of the junkyard, as described above, or to comply with these regulations and the lawful directives of the Department, or its authorized representatives, shall be cause for revocation of a permit. 5. Any person aggrieved by the action of the Department in denying or revoking a permit may, within thirty days of the date of notice thereof, apply to a court of competent jurisdiction for appropriate relief (Sec. 43-1-507, C.R.S. 1973).

6. Except as provided in subparagraph 5, above, upon termination of a permit by denial or revocation the responsible person(s) shall immediately cease operation of the junkyard and initiate action to come into prompt compliance with the law and these regulations. E. Exemption from permit.

No permit shall be required and junkyards, automobile graveyards, and scrap metal processing facilities may be operated within areas adjacent to highways which are within one thousand feet of the nearest edge of the right-of-way which are zoned industrial under authority of state law, or any of its political subdivisions.

III. EXISTING JUNKYARDS A. Screening or removal - by Department.

Any junkyards in existence on February 11, 1966, which are within one thousand feet of the nearest edge of the right-of-way of the highway and visible from the main-traveled way thereof, and which are not within areas which are zoned industrial, shall; at the expense of the Department, be screened in accordance with the standards and criteria for effective screening set forth in these regulations, so as not to be visible from the main-traveled way of the highway, or, at the expense of the Department, shall be removed from sight. Such screening or removal shall be accomplished within a reasonable time, but not later than five(5) years after the effective date of these regulations. The Department is authorized to acquire, move, or relocate property, real or personal, or interests therein, by purchase, donation, condemnation, or by exchange of other property owned by the state to accomplish such objectives and to dispose of any property, real or personal, acquired thereby.

B. Requirements for continued use as an existing junkyard. 1. An existing junkyard which is enlarged, extended, changed in use or location, abandoned, voluntarily discontinued, or destroyed after the effective date of these regulations shall not continue as an existing junkyard for the purpose of these regulations, but shall be treated as a new junkyard. 2. The provisions of section II. Permits shall apply to such junkyards changed as described in 1., above. C. Priorities for control measures.

1. Recycling or disposal of junk which is not usable as stock-in-trade in the ongoing business of the owner, or is donated by him, shall be a primary control measure. It is not intended that all such junk be included in this measure, if not necessary to the plan of operations. 2. Screening of the remaining junk shall have priority as a control measure where the junkyard is to continue as an ongoing business, if feasible and practical to accomplish the control objective, in accordance with the standards and criteria for effective screening set forth in these regulations. 3. Relocation of the junkyard for the continuance of the owner's ongoing business shall have priority as a control measure only when other control measures are not feasible or practical, and when the new site is either not visible from the highway, or is in an area zoned industrial, and will not cause environmental problems.

4. Removal of a junkyard by recycling or other permanent disposal of junk shall have priority as a control measure in any of the following situations:

a. The junkyard is either abandoned or discontinued.

b. The junkyard will be terminated as a business within five years after the effective date of these regulations for reasons such as, but not limited to, the following: (1). The provisions of the applicable zoning ordinance. (2). Location in a proposed improvement project.

(3). The owner intends to go out of business.

c. The junkyard is a hazard to public health or safety, according to law. d. There are no existing property rights in the junkyard or junk, or the junk is worthless. D. Completion of control - permit - maintenance.

1. Upon satisfactory completion of control measures for its continued use, and compliance of the junkyard with the applicable law and these regulations, the Department shall issue without fee an initial permit to expire one year from the date of issue. 2. Following issuance of an initial permit, the provisions of Section II, Permits, of these regulations shall apply equally and without exception to such junkyards.

3. An existing junkyard which is abandoned, destroyed, or voluntarily discontinued shall not thereafter be continued in use.

IV. NONCONFORMING JUNKYARDS A. General.

It is anticipated that some junkyards lawfully established after February 11, 1966, the effective date of the basic “junkyard statute,” may become in non-compliance with the law or regulations due to changed conditions beyond the control of the responsible person(s). Some examples of changed conditions would be a junkyard lawfully in an area which later is zoned non-industrial and thus subject to control; or a junkyard established on a secondary highway later upgraded to a primary or interstate highway. Such nonconforming junkyards will be protected and may continue to be maintained and operated subject to the requirements stated below for a reasonable time, but no later than five (5) years after the effective date of these regulations, or after the date when the junkyard became nonconforming, whichever is later. B. Requirements for protection as a nonconforming junkyard. 1. The junkyard must have actually been lawfully in existence on the effective date of applicable law or regulation passed subsequent to February 11, 1966, and must continue to be lawfully maintained. (See Section III for nonconforming junkyards in existence on February 11, 1966). 2. There must be existing property rights in the junkyard or junk affected by the applicable law or regulations. Abandoned junk and junkyards, worthless junk, and the like are not similarly protected.

C. Requirements for continued use as a nonconforming junkyard. 1. A nonconforming junkyard which is enlarged, extended, changed in use or location shall not continue as a nonconforming junkyard, but shall, for the purpose of these regulations, be treated as a new junkyard. The provisions of section II. Permits shall apply. 2. A nonconforming junkyard which is abandoned, destroyed, or voluntarily discontinued shall not thereafter be continued in use.

D. Control Measures.

1. Any nonconforming junkyard, except as provided in Section III, shall, at the expense of the responsible person(s), be screened in accordance with the standards and criteria for effective screening set forth in these regulations so as not to be visible from the main-traveled way of the highway; or, at the expense of the responsible person(s) shall be removed from sight. 2. Priorities for control measures shall be as provided in Section III paragraph C, above. E. Completion of control-permit-maintenance.

1. A nonconforming junkyard lawfully established after February 11, 1966, which has been effectively screened, or removed from sight, shall not continue as a nonconforming junkyard, but shall, for the purpose of these regulations, be treated as a new junkyard. 2. The provisions of Section II, Permits, shall apply.

V. ILLEGAL JUNKYARDS A. It is anticipated that some junkyards may have been unlawfully established after February 11, 1966, or may be unlawfully maintained and operated. Such illegal junkyards shall expeditiously be brought into compliance with the applicable law and these regulations at the expense of the responsible person(s).

VI. VIOLATIONS - PENALTIES Any person who violates any of the provisions of the applicable statute is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars. Each day of violation shall constitute a separate offense. In addition, the Department is authorized to institute appropriate action or proceedings to prevent or remove any junkyard existing in violation of law (Sec. 43-1-508, C.R.S. 1973)

Effective May 1, 1976.

Application for Junkyard Permit- D.O.H. NO 299 601_2_601_2_FORMa.jpg Application for Junkyard Permit- D.O.H. Form NO 299-1 601_2_601_2_FORMb.jpg