17-229 C.M.R. ch. 202
17 DEPARTMENT OF TRANSPORTATION
229 OFFICE OF THE COMMISSIONER
Chapter 202: REGULATIONS FOR SCREENING JUNK YARDS
SUMMARY: Rules regulating the screening of junkyards
.01 Definitions
A. Automobile graveyard. "Automobile graveyard" as used in this subchapter shall mean a yard, field or other area used as a place of storage, other than temporary storage by an establishment or place of business which is engaged primarily in doing auto body repair work for the purpose of making repairs to render a motor vehicle serviceable, for 3 or more unserviceable, discarded, worn-out or junked motor vehicles as defined in Title 29, section 1, subsection 7, or parts thereof.
B. Junk yard. "Junk yard" as used in this subchapter shall mean a yard, field or other area used as a place of storage for:
1. Discarded, worn-out or junked plumbing, heating supplies, household appliances and furniture;
2. Discarded, scrap and junked lumber;
3. Old or scrap copper, brass, rope, rags, batteries, paper trash, rubber debris, waste and all scrap iron, steel and other scrap ferrous or nonferrous material; and,
4. Garbage dumps, waste dumps and sanitary fills.
C. Interstate System. "Interstate System" as used in this subchapter shall mean those portions of the Maine Turnpike and the state highway system incorporated in the National System of Interstate and Defense Highways, as officially designated, or as may hereafter be so designated, by the Department of Transportation.
D. Primary System. "Primary System" as used in this subchapter shall mean that portion of the state highway system which the Department of Transportation has by official designation incorporated into the Federal-Aid Primary System, or as may hereafter be designated by the Department.
E. Highway. "Highway" as used in this subchapter shall mean any public way.
Screening may be accomplished by natural or man-made objects, plantings, or properly constructed fences, any of which must completely screen the junk yard from ordinary view from any portion of any highway within the prescribed distances throughout the entire calendar year, all of which shall be outside of the highway right-of-way limits.
Natural or man-made objects may be interpreted to be:
1. Hills, gullies, or embankments. Such man-made objects must be constructed to blend with the landscape with loaming and seeding or other treatment as may be necessary to establish a natural appearance.
2. Buildings or other installations.
3. Combinations of above.
Trees, shrubs, or other vegetation of sufficient height, density and depth of planting or growth to completely screen the junk yard from ordinary view from any highway within the prescribed distance throughout the entire calendar year may be used for screening.
Fences shall be so located and of sufficient height to completely screen the junk yard from ordinary view from any highway within the prescribed distances. Although the minimum height of any fence is stated to be six feet, it must be emphasized that height must be sufficient to accomplish the complete screening from ordinary view. All fences shall be well constructed and maintained. Only sound undamaged material, uniform in appearance, and erected in a workmanlike manner will be acceptable.
Posts: Wood - Sound, round or square, preferably cedar, hackmatack, spruce, or fir. Preservative treatment with creosote oil or cuprinol is suggested. 4" x 4" minimum (square) or 4" minimum diameter (round).
Metal-Steel pipe or structural section steel either galvanized or base coat painted with red lead or other rust inhibitive paint.
All posts to extend a minimum of 4 feet below ground level and to be set plumb. Recommended post spacing 8' to 12'. End and corner posts to be diagonal braced to nearest adjacent post.
Stringers: Minimum 2 x 4 - Spruce or Fir - Sound and free of excessive or weakening knots, and relatively free from warp or wain, preferably treated with creosote or cuprinol after cutting to length. Solidly spiked to wood posts or bolted to metal posts. Three stringers for 6 or 8 foot height of fence, 4 stringers for 10 or 12 foot height. Over 12 foot height would require a special design.
Steel pipe or structural section stringers may be used. These should be either galvanized or base coat painted with red lead or other rust inhibitive paint.
Facing material may be wood, composite, sheet metal or plastic. Although new material will not be a requirement, bent, damaged, poor quality, scrap, discarded, mixed or conglomerate materials will not be acceptable.
Suggested materials would be sound, new or used boards; exterior grade hardboard or plywood; corrugated steel, aluminum, or plastic.
It is suggested that all fastenings be galvanized nails, spikes, bolts, clamps, etc., and that all wood materials be treated with either a creosote oil base stain or cuprinol (with color additive) to preserve and prolong the life of the fence and to present a uniformity of appearance.
Since wind damage is a problem with any fence, bracing may be required and certainly would be essential on any fence over 8 feet in height. In board fence construction, relief of wind pressure may be achieved by placing the boarding alternately on outside and inside of stringers with the spacing to be such that edges overlap enough to present a solid appearance and effectively screen the junk yard from ordinary view.
BASIS STATEMENT: The Department is authorized by 30-A M.R.S.A. §3759 to 'make rules and regulations to establish minimum standards for screening of automobile graveyards and junkyards' in order to establish guide lines for municipal officers and county commissioners.
STATUTORY AUTHORITY: 30-A M.R.S.A. §3759.
EFFECTIVE DATE: Adopted on May 15, 1979 and filed on May 16, 1979
EFFECTIVE DATE (ELECTRONIC CONVERSION): April 24, 1996
*HISTORICAL DERIVATION: Enacted May 11, 1966.
NON-SUBSTANTIVE CORRECTIONS: June 29, 1998 - statutory references, formatting.