§ 89. Control of junkyards and scrap metal processing facilities. 1.
Definitions. As used in this section:

(a) "Interstate highway system" means that portion of the national
system of interstate and defense highways located within this state, as
officially designated, or as may hereafter be so designated, by the
commissioner of transportation, and approved by the secretary of
commerce or the secretary of transportation of the United States
pursuant to the provisions of title twenty-three of the United States
code, as amended.

(b) "Primary highway system" means that portion of connected main
highways, as officially designated, or as may hereafter be so
designated, by the commissioner of transportation, and approved by the
secretary of commerce or the secretary of transportation of the United
States pursuant to the provisions of title twenty-three of the United
States code, as amended.

(c) "Junk" means old or scrap copper, brass, rope, rags, batteries,
paper, trash, rubber debris, waste, or junked, scrapped, ruined,
dismantled or wrecked motor vehicles or parts thereof, iron, steel and
other old or scrap ferrous or nonferrous material.

(d) "Junkyard" means an establishment or place of business which is
maintained, operated, or used for storing, keeping, buying or selling
junk, and shall include garbage dumps and sanitary fills.

(e) "Scrap metal processing facility" means an establishment having
facilities for processing iron, steel, or nonferrous scrap and whose
principal produce is scrap iron, steel or nonferrous scrap for sale for
remelting purposes only.

2. The commissioner of transportation is hereby authorized and
directed to implement a program prior to January first, nineteen hundred
sixty-eight, for the effective control of the establishment and
maintenance of junkyards and scrap metal processing facilities within
one thousand feet of the nearest edge of the right of way and visible
from the main traveled way of the interstate and primary highway
systems. Effective control means that by January first, nineteen hundred
sixty-eight, such junkyards and scrap metal processing facilities shall
conform with subdivision four of this section or be screened by natural
objects, plantings, fences or other appropriate means so as not to be
visible from the main traveled way of such systems, or shall be removed
from sight on or prior to July first, nineteen hundred seventy.

3. The commissioner of transportation is hereby authorized to
promulgate and enforce regulations which are consistent with the
purposes of this act and with section one hundred thirty-six of title
twenty-three of the United States code, any amendments made thereto and
the rules and regulations promulgated thereunder, in implementing such
effective control program. Such regulations may provide standards for
location, planting, construction and maintenance, including the
materials used in any screening or fencing required by this section.

4. No person, firm or corporation shall establish, operate or maintain
a junkyard or scrap metal processing facility, any portion of which is
within one thousand feet of the nearest edge of the right-of-way of any
interstate or primary highway, except the following:

(a) Those which are screened by natural objects, plantings, fences or
other appropriate means so as not to be visible from the main traveled
way of the interstate or primary highway system, or otherwise removed
from sight.

(b) Those located within areas which are zoned for industrial use
under authority of state law.

(c) Those located within unzoned industrial areas, which areas shall
be determined from actual land uses and defined by the regulations
promulgated by the commissioner of transportation.

(d) Those which are not visible from the main traveled way of the
interstate or primary highway system.

5. Any junkyard or scrap metal processing facility not conforming with
subdivision four of this section and lawfully in existence on October
twenty-second, nineteen hundred sixty-five; or lawfully along any
highway made a part of the interstate or primary highway systems on or
after October twenty-second, nineteen hundred sixty-five, and prior to
January first, nineteen hundred sixty-eight, which is within one
thousand feet of the nearest edge of the right-of-way and visible from
the main traveled way of any highway on the interstate or primary
highway systems, shall be screened, if feasible, by the commissioner of
transportation at locations within 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 such highways. The commissioner of
transportation may acquire such property as may be necessary for the
purposes of this subdivision in the same manner as other property is
acquired for state highway purposes pursuant to this chapter, except
that any property in the city of New York, which is deemed by the
commissioner of transportation and the city of New York to be necessary
for the purposes of this subdivision, shall be acquired by the city of
New York in the same manner as provided in section three hundred
forty-nine-c of this chapter relating to the acquisition of property for
the state arterial system in the city of New York.

6. When the commissioner of transportation determines that the
topography of the land adjoining the highway will not permit adequate
screening of any junkyard or scrap metal processing facility specified
in subdivision five of this section or the screening of such junkyard or
scrap metal processing facility would not be economically feasible, the
commissioner of transportation is authorized to acquire such property,
in the same manner as other property is acquired for state highway
purposes pursuant to this chapter, except that any property in the city
of New York, which is deemed by the commissioner of transportation and
the city of New York to be necessary for the purposes of this
subdivision, shall be acquired by the city of New York in the same
manner as provided in section three hundred forty-nine-c of this chapter
relating to the acquisition of property for the state arterial system in
the city of New York, as may be necessary to secure the relocation,
removal or disposal of such junkyard or scrap metal processing facility,
and to pay for the costs of relocation, removal or disposal thereof.
Where additional property is acquired for the relocation of such
junkyard, or scrap metal processing facility, the commissioner may enter
into a written agreement with the owner of such junkyard or scrap metal
processing facility to convey such property as is deemed necessary for
the purposes of this subdivision to such owner on terms beneficial to
the state. In connection with the acquisition of property for the
purposes of this section, the commissioner of transportation may
acquire, in the same manner as property is acquired for state highway
purposes pursuant to this chapter, and dispose of, in any reasonable
manner, all or any part or portion of the junk on such property.

7. Any junkyard or scrap metal processing facility established or
maintained in violation of this section or any rule or regulation
promulgated pursuant thereto, is hereby declared to be, and is, a public
nuisance and such junkyard or scrap metal processing facility may be
abated and removed through an action at law or in equity, or a
combination thereof, brought by the commissioner of transportation in
the name of the people of the state of New York, or such junkyard or
scrap metal processing facility may be abated and removed by the
commissioner of transportation giving thirty days' notice, by registered
mail, to the owner of the property on which such junkyard or scrap metal
processing facility is located to remove same and if the owner of the
property fails to act within thirty days as required in the notice, the
commissioner of transportation or his duly authorized agent shall cause
the removal of such junkyard or scrap metal processing facility at the
expense of the owner of the property.

8. Nothing in this section shall be construed to abrogate or affect
the provisions of any statute, lawful ordinance, regulation or
resolution which are more restrictive than the provisions of this
section.

9. The commissioner of transportation is hereby authorized to enter
into an agreement or agreements with the secretary of transportation of
the United States, as provided by title twenty-three of the United
States code, as amended, relating to the control of junkyards and scrap
metal processing facilities in areas adjacent to the interstate and
primary highway systems, and to take action in the name of the people of
the state of New York to comply with the terms of any such agreement.