(1) A junkyard which is lawfully in existence and in operation on January 1, 1973, and which is visible from the highway and is not properly screened and/or fenced may be granted an "Interim Junkyard License". An "Interim Junkyard License" will not be issued or renewed where any of the following exists:

(a) The junkyard is illegal under provisions of Montana law other than Sections 75-15-201 through 75-15-223, MCA, under a lawful local ordinance or resolution, or under legally binding covenants.

(b) Any portion of the junkyard is encroaching on a public street or highway right-of-way.

(c) The area actually occupied and used as a junkyard is increased over the area actually occupied and used as a junkyard on January 1, 1973.

(2) An Interim License does not run with the land and is not transferable. If either the junkyard business or the land on which it is situated is sold, leased, or otherwise transferred, the Interim License shall become invalid. In the case of such sale, fencing and/or screening as required herein must be erected and a Junkyard License applied for within nine (9) months of said transfer.

(3) If an existing junkyard is or becomes properly fenced and/or screened, or if it is not visible from the highway, a Junkyard License may be issued.

(4) Failure to have secured local or State Licenses required by previous junkyard statutes will not preclude issuance of an Interim Junkyard License, or a Junkyard License if the junkyard is otherwise eligible.

(5) A junkyard lawfully in existence and operation on January 1, 1973, and which is not fenced and/or screened, may be shielded by the Department of Highways, where feasible.

 

Rules 22