410 Neb. Admin. Code, ch. 4, § 002

Current through September 17, 2024

Section 410-4-002 - DEFINITIONS

002.01AUTOMOBILE GRAVEYARD:

Any establishment or place of business which is maintained, operated, or used for storing, keeping, buying or selling wrecked, scrapped, ruined or dismantled motor vehicles or motor vehicle parts.

002.02DEPARTMENT:

The Department of Roads of the State of Nebraska.

002.03HIGHWAY:

A road or street, including the entire area within the right of way, which has been designated a part of the state highway system.

002.04HIGHWAY BEAUTIFICATION CONTROL SYSTEM (HBCS):

The National System of Interstate and Defense Highways, the system of federal-aid primary roads as they existed on June 1, 1991, any additional highway or road which is designated as a part of the National Highway System under the federal Intermodal Surface Transportation Efficiency Act of 1991, and scenic byways.

002.05INDUSTRIAL ACTIVITIES:

Those generally recognized as industrial by zoning authorities within the State, except that none of the following shall be considered industrial activities:

002.05A Outdoor advertising structures.

002.05B Agricultural, forestry, ranching, grazing, farming, and related activities, including, but not limited to, wayside fresh produce stands.

002.05C Activities normally and regularly in operation less than three months of the year.

002.05D Temporary activities.

002.05E Activities not visible from the traffic lanes of the main-traveled way.

002.05F Activities more than three hundred feet from the nearest edge of the main-traveled way.

002.05G Activities conducted in a building principally used as a residence.

002.05H Railroad tracks, minor sidings, and passenger depots.

002.05I Junkyards as defined in Section 002.07.

002.06JUNK:

Old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste or junked, dismantled, or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material.

002.07JUNKYARD:

An establishment or place of business which is maintained, operated or used for storing, keeping, buying or selling junk or for the maintenance or operation of an automobile graveyard, and includes garbage dumps and sanitary fills.

002.08MAIN-TRAVELED WAY:

The traveled portion of the HBCS on which through traffic is carried and, in case of a divided highway, the traveled portion of each of the separated roadways.

002.09PERSON:

Any natural person, partnership, limited liability company, association, corporation or governmental subdivision.

002.10RIGHT OF WAY:

Land, property, or interest therein, usually in a strip, acquired for or devoted to a road, street, or highway.

002.11ROAD:

A public way for the purposes of vehicular travel, including the entire area within the right of way. A road designated as part of the state highway system may be called a highway, while a road in an urban area may be called a street.

002.12ROADWAY:

The portion of a highway, including shoulders, for vehicular use.

002.13SCENIC BYWAY:

Means a road, highway, or connecting link designated as a scenic byway pursuant to Neb. Rev. Stat. 39-217.

002.14UNZONED INDUSTRIAL AREA:

For purposes of junkyard control, the land occupied by the regularly used building, parking lot, storage or processing area of an industrial activity, and that land within one thousand feet thereof, which is:

002.14A Located on the same side of the highway as the principal part of said activity.

002.14B Not predominantly used for residential or commercial purposes.

002.14C Not zoned by State or local Law, Regulation or Ordinance.

410 Neb. Admin. Code, ch. 4, § 002