Rule 672-8-.05 - Screening(a) Responsibility for Screening. 1. Any junkyard lawfully in existence on April 6, 1967. the effective date of the Georgia Junkyard Control Act (Ga. L. 1967, pp. 433-438), which is within 1000 feet of the nearest edge of the right-of-way of a highway may be screened by the Department if physically feasible and provided that federal-aid beautification funds are made available at locations on the highway right-of-way or in areas acquired for such purposes outside the right-of-way, so as not to be visible from the main traveled way of the highway. Whenever the Commissioner shall determine that screening prescribed for an existing junkyard is not physically or economically feasible, and when federal-aid beautification funds are available, the Commissioner may cause said junkyard to be removed, relocated, or disposed of after the payment of just and adequate compensation therefor.2. Junkyards established subsequent to April 6, 1967, and located within zones of control must provide for adequate screening located off the highway right-of-way and at the expense of the person owning the junkyard. Screening provided by such owner must be in compliance with these rules and of a type approved by the Department. Those junkyards which are established subsequent to April 6, 1967, and located within zones of control and which cannot be adequately screened shall be relocated at the owner's expense.(b) Every effort shall be made to screen nonconforming junkyards where they are to be continued as on-going businesses. Screening may be accomplished by use of natural objects, landscaping, plantings, fences, and other appropriate means, including relocating inventory on site to utilize an existing natural screen or a screenable portion of the site.(c) Where screening is used, it must, upon completion of the screening project, effectively screen the junkyard from the main traveled way of the highway on a year-round basis, and be compatible with the surroundings.Ga. Comp. R. & Regs. R. 672-8-.05
Ga. L. 1973, pp. 947, 1069 as amended (Ga. Code of Public Transportation, § 95A-908); Ga. L. 1973, pp. 947, 982 (Ga. Code of Public Transportation, § 95A-303).
Original Rule entitled "Screening" was filed on December 13, 1978; effective January 2, 1979.