Idaho Administrative Code
Title IDAPA 39 - Transportation, Department of
Rule 39.03.40 - RULES GOVERNING JUNKYARDS AND DUMPS
Section 39.03.40.010 - DEFINITIONS
Current through August 31, 2023
01. Abandoned Junkyard. A junkyard that was operated as a business enterprise in the past, now existing with inventory, but without proprietorship or claim of ownership. The underlying fee title holder has no interest in the inventory. (3-31-22)
02. Acceptable Fencing Materials. Steel or other metals, durable woods, or other woods treated with a preservative or walls of masonry. (3-31-22)
03. Acceptable Planting Materials. Shrubs, trees, flowering plants and foliage. (3-31-22)
04. Destroyed Junkyard. A junkyard that was operated as a business enterprise in the past that has been partially or totally destroyed by act of God or other means; and where the proprietor is not presently buying or selling junk. (3-31-22)
05. Discontinued Junkyard. A junkyard that was operated as a business enterprise in the past and where the proprietor is retaining the inventory for the present, but is not actively engaged in buying or selling junk. (3-31-22)
06. Industrial Activities. Those permitted only in industrial zones, or in less restrictive zones by the nearest zoning authority within the State, except that none of the following shall be considered industrial activities. (3-31-22)
07. Junkyard. A place of business which is maintained, used, or operated for storing, keeping, buying, or selling ten (10) or more wrecked, scrapped, ruined, or dismantled motor vehicles or other types of machines; or equivalent amounts of old scrap copper, brass, rope, rags, batteries, paper, trash, junk, rubber, debris, waste, iron, steel, and other old or scrap ferrous or non-ferrous material or any combination of the above. (3-31-22)
08. Non-Conforming Junkyard. One (1) which was lawfully established, but which does not comply with the provisions of state law or state regulations passed at a later date or which later fails to comply with state regulations due to changed conditions. An example of changed conditions would be a junkyard lawfully in existence in an area which at a later date becomes non-industrial and thus subject to control, or a junkyard established on a nonprimary highway later upgraded to a primary highway. Illegally established or maintained junkyards are not nonconforming junkyards. (3-31-22)
09. Screening. The use of any vegetative planting, fencing, ornamental wall of masonry, or other architectural treatment, earthen embankment, or a combination of any of these which will render invisible any deposit of junk from the main traveled way. (3-31-22)
10. Unzoned Industrial Area. The land occupied by the regularly used building, parking lot, storage or processing area of an industrial activity, and that land within one thousand (1,000) feet thereof which is: (3-31-22)
