§ 89. Control of junkyards and scrap metal processing facilities. 1.\nDefinitions. As used in this section:\n (a) "Interstate highway system" means that portion of the national\nsystem of interstate and defense highways located within this state, as\nofficially designated, or as may hereafter be so designated, by the\ncommissioner of transportation, and approved by the secretary of\ncommerce or the secretary of transportation of the United States\npursuant to the provisions of title twenty-three of the United States\ncode, as amended.\n (b) "Primary highway system" means that portion of connected main\nhighways, as officially designated, or as may hereafter be so\ndesignated, by the commissioner of transportation, and approved by the\nsecretary of commerce or the secretary of transportation of the United\nStates pursuant to the provisions of title twenty-three of the United\nStates code, as amended.\n (c) "Junk" means old or scrap copper, brass, rope, rags, batteries,\npaper, trash, rubber debris, waste, or junked, scrapped, ruined,\ndismantled or wrecked motor vehicles or parts thereof, iron, steel and\nother old or scrap ferrous or nonferrous material.\n (d) "Junkyard" means an establishment or place of business which is\nmaintained, operated, or used for storing, keeping, buying or selling\njunk, and shall include garbage dumps and sanitary fills.\n (e) "Scrap metal processing facility" means an establishment having\nfacilities for processing iron, steel, or nonferrous scrap and whose\nprincipal produce is scrap iron, steel or nonferrous scrap for sale for\nremelting purposes only.\n 2. The commissioner of transportation is hereby authorized and\ndirected to implement a program prior to January first, nineteen hundred\nsixty-eight, for the effective control of the establishment and\nmaintenance of junkyards and scrap metal processing facilities within\none thousand feet of the nearest edge of the right of way and visible\nfrom the main traveled way of the interstate and primary highway\nsystems. Effective control means that by January first, nineteen hundred\nsixty-eight, such junkyards and scrap metal processing facilities shall\nconform with subdivision four of this section or be screened by natural\nobjects, plantings, fences or other appropriate means so as not to be\nvisible from the main traveled way of such systems, or shall be removed\nfrom sight on or prior to July first, nineteen hundred seventy.\n 3. The commissioner of transportation is hereby authorized to\npromulgate and enforce regulations which are consistent with the\npurposes of this act and with section one hundred thirty-six of title\ntwenty-three of the United States code, any amendments made thereto and\nthe rules and regulations promulgated thereunder, in implementing such\neffective control program. Such regulations may provide standards for\nlocation, planting, construction and maintenance, including the\nmaterials used in any screening or fencing required by this section.\n 4. No person, firm or corporation shall establish, operate or maintain\na junkyard or scrap metal processing facility, any portion of which is\nwithin one thousand feet of the nearest edge of the right-of-way of any\ninterstate or primary highway, except the following:\n (a) Those which are screened by natural objects, plantings, fences or\nother appropriate means so as not to be visible from the main traveled\nway of the interstate or primary highway system, or otherwise removed\nfrom sight.\n (b) Those located within areas which are zoned for industrial use\nunder authority of state law.\n (c) Those located within unzoned industrial areas, which areas shall\nbe determined from actual land uses and defined by the regulations\npromulgated by the commissioner of transportation.\n (d) Those which are not visible from the main traveled way of the\ninterstate or primary highway system.\n 5. Any junkyard or scrap metal processing facility not conforming with\nsubdivision
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