§ 136-141 – Title of Article.
136-141. Title of Article. This Article may be cited as the Junkyard Control Act. (1967, c. 1198, s. 1.)
§ 136-142 – Declaration of policy.
136-142. Declaration of policy. The General Assembly hereby finds and declares that although junkyards are a legitimate business, the establishment and use and maintenance of junkyards in the vicinity of the interstate and primary highways or within the vicinity of North Carolina routes in counties that have no interstate or federal aid primary highways within […]
§ 136-143 – Definitions.
136-143. Definitions. As used in this Article: (1) The term "automobile graveyard" shall mean any establishment or place of business which is maintained, used, or operated for storing, keeping, buying or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts. Any establishment or place of business upon which six or more unlicensed, […]
§ 136-144 – Restrictions as to location of junkyards.
136-144. Restrictions as to location of junkyards. No junkyard shall be established, operated or maintained, any portion of which is within 1,000 feet of the nearest edge of the right-of-way of any interstate or primary highway, or a North Carolina route in a county that has no interstate or federal aid primary highways, except the […]
§ 136-145 – Enforcement provisions.
136-145. Enforcement provisions. Any person, firm, corporation or association that establishes, operates or maintains a junkyard within 1,000 feet of the nearest edge of the right-of-way of any interstate or primary highway, after the effective date of this Article as determined by G.S. 136-155, that does not come within one or more of the exceptions […]
§ 136-146 – Removal of junk from illegal junkyards.
136-146. Removal of junk from illegal junkyards. Any junkyard established after the effective date of this Article as determined by G.S. 136-155, in violation of the provisions of this Article or rules and regulations issued by the Department of Transportation pursuant to this Article, shall be illegal and shall constitute a public nuisance. The Department […]
§ 136-147 – Screening of junkyards lawfully in existence.
136-147. Screening of junkyards lawfully in existence. Any junkyard lawfully in existence on the effective date of this Article as determined by G.S. 136-155 which does not conform to the requirements for exceptions in G.S. 136-144 hereof, and any other junkyard lawfully in existence along any highway which may be hereafter designated as an interstate […]
§ 136-148 – Acquisition of existing junkyards where screening impractical.
136-148. Acquisition of existing junkyards where screening impractical. (a) In the event that the Department of Transportation shall determine that screening of any existing junkyard designated in G.S. 136-147 hereof would be inadequate to accomplish the purposes of this Article, the said Department of Transportation is authorized to secure the relocation, removal or disposal of […]
§ 136-149 – Permit required for junkyards.
136-149. Permit required for junkyards. No person shall establish, operate or maintain a junkyard any portion of which is within 1,000 feet of the nearest edge of the right-of-way of the interstate or primary system or a North Carolina route in a county that does not have an interstate or federal aid primary highway without […]
§ 136-149.1 – Judicial review.
136-149.1. Judicial review. Any person who is aggrieved by a final decision of the Secretary of Transportation after exhausting all administrative remedies made available to him by rules and regulations enacted pursuant to this Article is entitled to judicial review of such decision under this Article. In order to obtain judicial review of the Secretary […]
§ 136-150 – Condemnation procedure.
136-150. Condemnation procedure. The Department of Transportation shall use the condemnation procedure as provided by Article 9 of Chapter 136 of the General Statutes for the purposes of this Article. (1967, c. 1198, s. 10; 1973, c. 507, s. 5; 1977, c. 464, s. 7.1.)
§ 136-151 – Rules and regulations by Department of Transportation; delegation of authority to Secretary of Transportation.
136-151. Rules and regulations by Department of Transportation; delegation of authority to Secretary of Transportation. The Department of Transportation is authorized to promulgate rules and regulations in the form of ordinances governing: (1) The establishment, operation and maintenance of junkyards permitted in G.S. 136-144 which shall include, but not be limited to, rules and regulations […]
§ 136-152 – Agreements with United States.
136-152. Agreements with United States. The Department of Transportation is authorized to enter into agreements with other governmental authorities relating to the control of junkyards and areas in the vicinity of interstate and primary systems, and to take action in the name of the State to comply with the terms of such agreement. (1967, c. […]
§ 136-153 – Zoning changes.
136-153. Zoning changes. All zoning authorities shall give written notice to the Department of Transportation of the establishment or revision of any industrial zone within 660 feet of the right-of-way of interstate or primary highways. Notice shall be by registered mail sent to the offices of the Department of Transportation in Raleigh, North Carolina, within […]
§ 136-154 – Alternate control.
136-154. Alternate control. In addition to any other provisions of this Article, the Department of Transportation shall have the authority to acquire by purchase, gift, exchange, or condemnation, such interests in real property as may be necessary to control the establishment and maintenance of junkyards in accordance with the policy, standards and regulations set out […]
§ 136-155 – Availability of federal aid funds.
136-155. Availability of federal aid funds. The Department of Transportation shall not be required to expend any funds for the regulation of junkyards under this Article, nor shall the provisions of this Article, with the exception of G.S. 136-152 hereof, have any force and effect until federal funds are made available to the State for […]