[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR751.13]

[Page 373-374]
 
                           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

[[Page 374]]

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, 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 proj ect, 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.