Restrictions on Location of Junkyards in Relation to Location of Rights of Way of Interstate or Federal-Aid Primary Highways

  1. Law
  2. Georgia Code
  3. Highways, Bridges, and Ferries
  4. Regulation of Maintenance and Use of Public Roads Generally
  5. Control of Junkyards
  6. Restrictions on Location of Junkyards in Relation to Location of Rights of Way of Interstate or Federal-Aid Primary Highways

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The department is responsible for the control of junkyards only on those primary highways that are state roads. For all primary highways it shall be unlawful for any person to establish, operate, or maintain any junkyard, any portion of which is within 1,000 feet of the nearest edge of the right of way of any interstate or federal-aid primary highway, except:

  1. Those which are screened by natural objects, plantings, fences, or other appropriate means or which are otherwise removed from sight so as not to be visible from the main traveled way of such highway systems;
  2. Those located within areas which are zoned for industrial use under authority of law;
  3. Those located within unzoned industrial areas, which areas shall be determined from actual land uses and defined by regulations promulgated by the commissioner; and
  4. Those which are not visible from the main traveled way of the systems.

(Ga. L. 1967, p. 433, § 4; Code 1933, § 95A-906, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 2005, p. 601, § 6/SB 160.)

Law reviews.

- For article, "Recommendations Regarding Control of Outdoor Advertising Along the Interstate Highway System in Georgia," see 14 Mercer L. Rev. 308 (1963).

JUDICIAL DECISIONS

Section has effect of zoning and authorizes actions for violations.

- Provisions declaring that junkyards established in contravention of law are subject to being removed and destroyed has effect of zoning such areas adjacent to designated highways, and confers upon the Highway Department (now Department of Transportation) sufficient authority to bring an action. Burnham v. State Hwy. Dep't, 224 Ga. 543, 163 S.E.2d 698 (1968).

RESEARCH REFERENCES

ALR.

- Validity, construction, and application of zoning ordinance relating to operation of junkyard or scrap metal processing plant, 50 A.L.R.3d 837.


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