23 CFR 751.11 - Nonconforming junkyards.

§ 751.11 Nonconforming junkyards.

Subject to the provisions of § 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.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
U.S. Code: Title 23 - HIGHWAYS

§ 4321 - Congressional declaration of purpose

§ 4331 - Congressional declaration of national environmental policy

§ 4332 - Cooperation of agencies; reports; availability of information; recommendations; international and national coordination of efforts

§ 4333 - Conformity of administrative procedures to national environmental policy

§ 4334 - Other statutory obligations of agencies

§ 4335 - Efforts supplemental to existing authorizations

§ 4341 - Omitted

§ 4342 - Establishment; membership; Chairman; appointments

§ 4343 - Employment of personnel, experts and consultants

§ 4344 - Duties and functions

§ 4345 - Consultation with Citizens’ Advisory Committee on Environmental Quality and other representatives

§ 4346 - Tenure and compensation of members

§ 4346a - Travel reimbursement by private organizations and Federal, State, and local governments

§ 4346b - Expenditures in support of international activities

§ 4347 - Authorization of appropriations

§ 4601 - Definitions

§ 4602 - Effect upon property acquisition

§ 4603 - Additional appropriations for moving costs, relocation benefits and other expenses incurred in acquisition of lands for National Park System; waiver of benefits

§ 4604 - Certification

§ 4605 - Displaced persons not eligible for assistance

§ 4621 - Declaration of findings and policy

§ 4622 - Moving and related expenses

§ 4623 - Replacement housing for homeowner; mortgage insurance

§ 4624 - Replacement housing for tenants and certain others

§ 4625 - Relocation planning, assistance coordination, and advisory services

§ 4626 - Housing replacement by Federal agency as last resort

§ 4627 - State required to furnish real property incident to Federal assistance (local cooperation)

§ 4628 - State acting as agent for Federal program

§ 4629 - Public works programs and projects of District of Columbia government and Washington Metropolitan Area Transit Authority

§ 4630 - Requirements for relocation payments and assistance of federally assisted program; assurances of availability of housing

§ 4631 - Federal share of costs

§ 4632 - Administration; relocation assistance in programs receiving Federal financial assistance

§ 4633 - Duties of lead agency

§ 4634 - Agency coordination

§ 4635 - Planning and other preliminary expenses for additional housing

§ 4636 - Payments not to be considered as income for revenue purposes or for eligibility for assistance under Social Security Act or other Federal law

§ 4637 - Repealed. Pub. L. 100–17, title IV, § 415, Apr. 2, 1987, 101 Stat. 255

§ 4638 - Transfers of surplus property

§ 4651 - Uniform policy on real property acquisition practices

§ 4652 - Buildings, structures, and improvements

§ 4653 - Expenses incidental to transfer of title to United States

§ 4654 - Litigation expenses

§ 4655 - Requirements for uniform land acquisition policies; payments of expenses incidental to transfer of real property to State; payment of litigation expenses in certain cases

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