[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: 23CFR751.13]

[Page 369-370]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 751--JUNKYARD CONTROL AND ACQUISITION--Table of Contents
 
Sec. 751.13  Control measures.

    (a) Consistent with the goals of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321), recycling of junk and scrap is to be 
encouraged to the greatest extent practicable in the implementation of 
the junkyard control program. Recycling should be considered in 
conjunction with other control measures. To facilitate recycling, junk 
or scrap should be moved to an automobile wrecker, or a scrap processor, 
or put to some other useful purpose.
    (b) Every effort shall be made to screen where the junkyard is to 
continue as an ongoing business. Screening may be accomplished by use of 
natural objects, landscaping plantings,

[[Page 370]]

fences, and other appropriate means, including relocating inventory on 
site to utilize an existing natural screen or a screenable portion of 
the site.
    (c) Where screening is used, it must, upon completion of the 
screening project, effectively screen the junkyard from the main 
traveled way of the highway on a year-round basis, and be compatible 
with the surroundings. Each State shall establish criteria governing the 
location, design, construction, maintenance, and materials used in 
fencing or screening.
    (d) A junkyard should be relocated only when other control measures 
are not feasible. Junkyards should be relocated to a site not visible 
from the highway or to an industrial area, and should not be relocated 
to residential, commercial, or other areas where foreseeable 
environmental problems may develop.
    (e) The State may develop and use other methods of operation to 
carry out the purposes of this directive, subject to prior FHWA 
approval.