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The Oregon Administrative Rules contain OARs filed through June 15, 2014
 
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DEPARTMENT OF TRANSPORTATION,
HIGHWAY DIVISION

 

DIVISION 40

JUNKYARDS AND AUTO WRECKING YARDS

 

Establishment, Maintenance and Operation of Junkyards

Along State Highways

 

734-040-0005

Definitions

Definitions used in these rules and regulations shall be:

(1) "Commission" means the Oregon Transportation Commission.

(2) "Director" means the Director of the Department of Transportation or his duly authorized representative.

(3) "Federal-Aid Primary System" means the system of state highways described in Section 103(b), Title 23, United States Code, as selected and designated by the Commission.

(4) "Interstate System" means every state highway that is part of the National System of Interstate and Defense Highways established by the Commission in compliance with Section 103(d), Title 23, United States Code.

(5) "Junk" means all the materials described in section (6) of this rule.

(6) "Junkyard" means any establishment or place of business that is maintained, operated or used for storing, keeping, buying or selling old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste or junked, dismantled, wrecked, scrapped or ruined motor vehicles, or motor vehicle parts, iron, steel or other old scrap, ferrous or nonferrous material, metal or nonmetal materials, and the term includes automobile graveyards, garbage dumps and scrap metal processing facilities.

(7) "Maintain" means to allow to exist.

(8) "Main Traveled Way" means the through traffic lanes, exclusive of frontage roads, auxiliary lanes and ramps.

(9) "State Highway" or "State Highway System" means the entire width between the boundary lines of every road or highway designated as a "state highway" by law or by the Oregon Transportation Commission pursuant to law and includes both primary and secondary state highways including but not limited to the Interstate System and the federal-aid primary system.

(10) "Visible" means capable of being seen without visual aid by a person of normal visual acuity.

(11) "Zoned Industrial Area" is an area adjacent to a state highway or public highway which is zoned industrial under authority of state law.

(12) "Scenic Highway" is any state highway or segment of state highway adjacent to a scenic area established by the Scenic Area Board under the provisions of ORS 377.530.

(13) "Existing Junkyard" is any junkyard in existence prior to June 30, 1967.

(14) "New Junkyard" is any junkyard which came into existence after June 30, 1967.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Stat. Auth.: ORS 377
Stats. Implemented: ORS 377.605 - ORS 377.655
Hist.: HC 1278, f. 5-27-72

 

734-040-0010

New Junkyards

No new junkyard shall be established which is visible from the main traveled way of a scenic highway or which is located within 1,100 feet of the nearest edge of the right of way of any other state highway unless:

(1) The junkyard is hidden or adequately screened by the terrain or other natural objects, or by plantings, fences, or other appropriate means so as not to be visible from the main traveled way of the state highway.

(2) The junkyard is located in a zoned industrial area.

Stat. Auth.: ORS 377
Stats. Implemented: ORS 377.620 & ORS 377.510
Hist.: HC 1278, f. 5-27-72

734-040-0015

Existing Junkyards

No existing junkyard may be maintained within 1,000 feet of the nearest edge of the right of way of any state highway except:

(1) Junkyards that are hidden or adequately screened by the terrain or other natural objects, or by plantings, fences, or other appropriate means so as not to be visible from the main traveled way of the state highway.

(2) Junkyards located in a zoned industrial area.

Stat. Auth.: ORS 377
Stats. Implemented: ORS 377.620
Hist.: HC 1278, f. 5-27-72

734-040-0020

Screening Regulations

Screening by means of plantings, fences, or other appropriate means shall be in accordance with a design approved by the Engineer:

(1) For New Junkyards:

(a) Shall be located off the state highway right of way;

(b) Shall be constructed and maintained by the person owning or operating the junkyard in accordance with a design approved by the Engineer.

(2) For Existing Junkyards:

(a) Shall be located on the state highway right of way or in areas outside the right of way acquired for such purposes by the Commission;

(b) Shall be constructed and maintained by the Commission using funds available to the Commission.

Stat. Auth.: ORS 377
Stats. Implemented: ORS 377.625
Hist.: HC 1278, f. 5-27-72

734-040-0025

State Highways Designated After June 30, 1967

These same rules and regulations will apply to junkyards located within restricted areas adjacent to state highways designated after June 30, 1967, as for those in existence prior to June 30, 1967; however, the definitive date differentiating between new and existing junkyards shall be the date the state highway was designated in place of June 30, 1967.

Stat. Auth.: ORS 377
Stats. Implemented: ORS 377.620
Hist.: HC 1278, f. 5-27-72

734-040-0030

Fencing and Screening Auto Wrecking Yards Not in a Building

All auto wrecking yards in Oregon are to be screened by natural objects, plantings, fences or other appropriate means so as not to be visible from the main traveled way of a state highway or an arterial highway:

(1) Definitions:

(a) "Arterial Highway": A county road or a city street designated as a through street by a city or a county.

(b) "Visible": Capable of being seen without visual aid by a person of normal visual acuity from a point 4.5 feet above the pavement of the main traveled way.

(c) "See Through": Refers to the open space between the pickets, boards, slats, mesh or natural plantings.

(2) Facilities within 1,100 feet of interstate and primary highways, except in conforming zones which will accept auto wrecking yards:

(a) "Shall be screened by natural objects, plantings, fences or other appropriate means so as not to be visible from the main traveled way of the system, or shall be removed from sight". (Public Law 89-285 Title II, Section 201, #136(c).);

(b) Fencing of man-made materials can have no "see through" tolerance;

(c) Natural plantings must give immediate screening with no "see through" tolerance.

(3) Except on interstate or primary highways facilities within a zoned area which accepts auto wrecking yards must: Screen the view from the highway user to a height of six feet at the fence line and allow not more than 40 percent "see through" by actual measurement.

(4) Except on interstate or primary highways facilities which are a nonconforming use in commercial, agricultural, silvicultural or undeveloped areas must: Screen the view from the highway user and allow not more than 25 percent "see through" by actual measurement.

(5) Except on interstate or primary highways facilities which are a nonconforming use in residential areas must:

(a) Screen the view from the highway user and allow not more than 25 percent "see through" by actual measurement;

(b) Where an auto wrecking yard abuts a nonarterial street, or road, an alley, or is visible from a residence, the fence must screen the view into the enclosure or barrier to a height of six feet at the fence line and allow not more than 25 percent "see through" by actual measurement.

(6) If screening is done with a man-made fence, the fence must:

(a) Be designed and constructed to withstand wind pressure of 20 pounds per square foot;

(b) Be constructed in a workmanlike manner with uniform and balance alignment, in accordance with good fencing industry practice;

(c) Have gates that are kept closed except for actual use for ingress or egress of moving vehicles or have gateways so constructed to screen the inventory and operation from highway user at all times;

(d) Be subject to either county or city ordinances and conform to the most stringent rule;

(e) Be in conformance to above requirement by July 1, 1976. New yards are to be in conformance six months from date of license;

(f) Have regular maintenance consisting of painting, if required, and prompt repair of damage. Allow reasonable time after written notice for the work to be done.

(7) If screening is to be accomplished by natural vegetation, the landscape will be of an evergreen variety, compatible to the area, be planted with a program for watering and maintenance according to good landscape industry practice and planted by July 1, 1976. The vegetation planted shall be of sufficient size to grow to a height capable of screening the yard from view of the highway user by July 1, 1981. New yards shall have five years from the date of establishment.

(8) An auto wrecking yard may have a physical or natural barrier which screens the non-operating vehicles and operation from the view of the highway or arterial user.

(9) Auto wrecking yards and junkyards which are a nonconforming use and in existence prior to June 30, 1967, that can only be practically screened by landscape plantings, man-made fences or other appropriate means placed upon highway right-of-way and/or upon property adjoining the owner's property may be screened at state expense, subject to the availability of State and Federal Highway Administration funds and approval.

Stat. Auth.: ORS 822
Stats. Implemented: ORS 377.625
Hist.: 1 OTC 64, f. 12-3-75, ef. 12-25-75

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