[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR751.11]

[Page 369]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 751--JUNKYARD CONTROL AND ACQUISITION--Table of Contents
 
Sec. 751.11  Nonconforming junkyards.

    Subject to the provisions of Sec. 751.9 of this part, the following 
requirements for the maintenance and continuance of a nonconforming 
junkyard apply:
    (a) The junkyard must have been actually in existence at the time 
the State law or regulations became effective as distinguished from a 
contemplated use, except where a permit or similar specific State 
governmental action was granted for the establishment of a junkyard 
prior to the effective date of the State law or regulations, and the 
junkyard owner acted in good faith and expended sums in reliance 
thereon.
    (b) There must be existing property rights in the junkyard or junk 
affected by the State law or regulation. Abandoned junk and junkyards, 
worthless junk, and the like are not similarly protected.
    (c) If the location of a nonconforming junkyard is changed as a 
result of a right-of-way taking or for any other reason, it ceases to be 
a nonconforming junkyard, and shall be treated as a new junkyard at a 
new location.
    (d) The nonconforming junkyard must have been lawful on the 
effective date of the State law or regulations and must continue to be 
lawfully maintained.
    (e) The nonconforming junkyard may continue as long as it is not 
extended, enlarged, or changed in use. Once a junkyard has been made 
conforming, the placement of junk so that it may be seen above or beyond 
a screen, or otherwise becomes visible, shall be treated the same as the 
establishment of a new junkyard.
    (f) The nonconforming junkyard may continue as long as it is not 
abandoned, destroyed, or voluntarily discontinued. Each State should 
develop criteria to define these terms.