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 obtaining a permit from the Department of Transportation or its agents pursuant to the procedures set out by the rules and regulations promulgated by the Department of Transportation. No permit shall be issued under the provisions of this section for the establishment, operation or maintenance of a junkyard within 1,000 feet to the nearest edge of the right-of-way of interstate or primary system except those junkyards which conform to one or more of the exceptions of G.S. 136-144. The permit shall be valid until revoked for the nonconformance of this Article or rules and regulations promulgated by the Department of Transportation thereunder. Any person aggrieved by the decision of the Department of Transportation or its agents in refusing to grant or revoking a permit may appeal the decision in accordance with the rules and regulations enacted by the Department of Transportation pursuant to this Article to the Secretary of Transportation who shall make the final decision upon the agency appeal. The Department of Transportation shall have the authority to charge fees to defray the costs of administering the permit procedures under this Article. The fees for junkyard permits to be issued under this Article shall not exceed a twenty dollar ($20.00) initial fee and a fifteen dollar ($15.00) annual renewal fee. (1967, c. 1198, s. 9; 1973, c. 507, s. 5; c. 1439, s. 9; 1977, c. 464, s. 7.1; 1983, c. 604, s. 3; 1993, c. 493, s. 4.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 12 - Junkyard Control Act.
§ 136-142 - Declaration of policy.
§ 136-144 - Restrictions as to location of junkyards.
§ 136-145 - Enforcement provisions.
§ 136-146 - Removal of junk from illegal junkyards.
§ 136-147 - Screening of junkyards lawfully in existence.
§ 136-148 - Acquisition of existing junkyards where screening impractical.
§ 136-149 - Permit required for junkyards.
§ 136-149.1 - Judicial review.
§ 136-150 - Condemnation procedure.
§ 136-152 - Agreements with United States.