7 CSR 10-5.010 - Licensing of Junkyards

Current through Register Vol. 46, No. 24, December 15, 2021

PURPOSE: This amendment removes rule language that duplicates language in sections 226.650 to 226.720, RSMo; and removes unnecessary restrictive language.

(1) These rules will govern the issuance of licenses by the Missouri Highways and Transportation Commission (commission) for the establishment, operation, and maintenance of junkyards along the interstate and primary highway system.

(2) Definitions.

(A) The interstate system means that part of the national system of interstate and defense highways located in Missouri as officially designated by the State Highway Commission in accordance with Title 23 of the United States Code.

(B) The primary system means that portion of the highway system of this state officially designated by the State Highway Commission as being in the federal aid primary highway system.

(C) Junk means old or scrapped copper, brass, rope, rags, bottles, paper, trash, rubber debris, waste, or junk dismantled or wrecked automobiles or parts of those automobiles, iron, steel and other old or scrap ferrous or nonferrous material.

(D) Automobile graveyard means any establishment, area or place of business maintained, used or operated for storing, keeping, buying or selling wrecked, scrapped, ruined or dismantled motor vehicles or parts of those vehicles.

(E) Junkyard means an establishment, area or place of business maintained, operated or used for the storing, keeping, buying or selling of junk or for the operation of an automobile graveyard, garbage dump or sanitary fill.

(3) No junkyard shall be established, operated or maintained within one thousand feet (1000') of the nearest right-of-way line of any interstate or primary highway in this state without a license first being obtained from the State Highway Commission of Missouri. The license must be displayed in a prominent location on the premises upon which the junkyard is located. Licenses are not transferable.

(4) (2) Any person, firm, corporation, or political subdivision desiring to continue to maintain and operate a junkyard within one thousand feet (1000') of the nearest right-of-way line of any interstate or primary highway and which is lawfully in existence on August 4, 1966 or any person desiring to establish, operate, and maintain a junkyard, which was not in existence on August 4, 1966, within one thousand feet (1000') of the nearest right-of-way line of any interstate or primary highway will submit an application for a license, along with a fee of ten dollars ($10), to the Missouri Department of Transportation's (department) authorized representative, the application to be in the form prescribed by the commission. Licenses are not transferable.
(5) (3) A license will be issued by the commission for the establishment, operation and maintenance of a junkyard within one thousand feet (1000') of the nearest right-of-way line of any interstate or primary highway provided the junkyard is-
(A) Screened by natural objects, plantings, fences, or other appropriate means so as to render it not visible from any traveled way of the highway involved;
(B) Located within an area which is zoned by authority of law for industrial use or located within an area which has been determined by the commission from actual land use to be an industrial or commercial area; and
(C) Not visible from the right-of-way of any interstate or primary highway.

(D) Located within an area which has been determined by the State Highway Commission from actual land use to be an industrial area.

(6) No license will be issued for the establishment, operation and maintenance of a new junkyard within one thousand feet (1000') of the nearest right-of-way line of any interstate or primary highway which does not comply with one (1) of the requirements in section (5).

(7) (4) A license will be issued by the commission for the operation and maintenance of any junkyard within one thousand feet (1000') of the nearest right-of-way line of any interstate or primary highway, if that junkyard was lawfully in existence on August 4, 1966.

(8) Any junkyard which, on August 4, 1966, is located within two hundred feet (200') of the nearest right-of-way line of any interstate or primary highway, and which is visible from the highway, and is not screened by a tight board fence or any other screening fence sufficient to screen the material kept in the junkyard from the view of persons using the highway on foot or in vehicle shall not be considered to be a junkyard lawfully in existence on August 4, 1966 and no license will be issued for the operation and maintenance of that junkyard except that this section shall not apply to junkyards located in any incorporated town, village or city which complies with local zoning laws.

(9) Every application submitted for the establishment, operation and maintenance of a new junkyard or the continued operation and maintenance of an existing junkyard shall be accompanied by a legal description of the land upon which the junkyard is or is to be established. The State Highway Commission may require the applicant to obtain a survey by a registered land surveyor of the land upon which the junkyard to be licensed is operated.

(10) (5) Any license issued for the continued operation and maintenance of a junkyard lawfully in existence on August 4, 1966 will not permit the licensee to expand the junkyard operation or to store additional junk outside the licensed area.
(11) (6) All licenses issued pursuant to these rules will expire on the first day of January following the date of issue of the license.
(12) (7) Licenses may be annually renewed upon payment of the required license fee of ten dollars ($10) in advance. Any license will expire upon nonpayment of the required license fee and may not be renewed.

(13) An annual fee of ten dollars ($10), payable in advance, will be required for the issuance of all licenses for the operation of junkyards. In the event that the license period is less than one (1) year, a pro rata part of the annual fee computed from the first of the month immediately preceding the due date of the license will be charged. The fee shall be payable by cashier's check or money order, made payable to Director of Revenue, Credit State Road Fund. Cash will be accepted only at the district office. The fee and the application shall be submitted to the district office having jurisdiction over the area in which the junkyard is or is to be located.

(14) Any person applying for a license for the establishment, operation or maintenance of a junkyard on the basis that the junkyard is located in an area zoned for industrial use will be required to submit proof from the agency having charge of the enforcement of the zoning laws, ordinances or regulations in the area where the junkyard is located that the junkyard complies with the applicable zoning laws.

(15) (8) A junkyard will not be considered as adequately screened under subsection (3)(A) of this rule unless any fence used as a screen is of sufficient height and density to completely obstruct the view from the traveled portions of the highway into the area upon which the junkyard is operated or unless any plantings or natural growth consists of sufficient nondeciduous growth and is of a height and density that the contents of the junkyard are not visible from the traveled ways of the interstate or primary highway during all seasons of the year. In the event the screening of any junkyard is permitted to deteriorate so as to render it ineffective as a proper screen, the license will be revoked and terminated. Screening, whether by fence or vegetation, must surround all that part of the perimeter of the junkyard across which persons traveling upon the traveled ways of the interstate or primary highway would have a view of the junkyard area. It will be the responsibility of the licensee to properly repair and maintain the screening of the junkyard and in the event a screen or any portion of the screen deteriorates or is destroyed or damaged, or becomes ineffective, so as to render it inadequate as a proper screen, the license will be revoked and terminated unless proper steps are taken by the licensee to repair or replace the screen or make other adjustments within sixty (60) days after the receipt of written notice of violation from the department's authorized representative.

Notes

7 CSR 10-5.010
AUTHORITY: section 226.700, RSMo 1986.* Original rule filed Aug. 5, 1966, effective Aug. 15, 1966. Amended by Missouri Register March 15, 2018/Volume 43, Number 6, effective 4/30/2018

The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensive. The entire text of the material referenced has been filed with the secretary of state. This material may be found at the Office of the Secretary of State or at the headquarters of the agency and is available to any interested person at a cost established by state law.

*Original authority: 226.700, RSMo 1965.

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