New Jersey Administrative Code
Title 16 - TRANSPORTATION
Chapter 43 - JUNKYARDS ADJACENT TO THE INTERSTATE AND NATIONAL HIGHWAY SYSTEMS
Subchapter 1 - GENERAL PROVISIONS
Section 16:43-1.2 - Authority

1. Promulgate, after public hearing, regulations defining "unzoned industrial areas," as that term is employed in the Junkyard Control Act;

2. Screen junkyards lawfully in existence on the effective date of the Junkyard Control Act (July 24, 1970) which are located within 1,000 feet of, and are visible from, any interstate or national highway system highway, and which are located outside of zoned and unzoned industrials areas, and to acquire such lands, or interests in lands, as may be necessary to provide adequate screening of such junkyards;

3. Promulgate rules and regulations governing the location, planning, construction and maintenance, including the materials used, in screening or fencing required by the Junkyard Control Act;

4. Determine whether the screening of a junkyard is feasible, and where such screening is not feasible, to pursue alternate control measures, including the relocation, removal, or disposal of such junk;

5. Acquire such interests in lands as may be necessary to secure the relocation, removal, or disposal of junkyards, and to pay for the costs of relocation, removal, or disposal thereof;

6. Apply to the Superior Court, Chancery Division for an injunction to abate public nuisance created by junkyards which do not conform to the requirements of the Junkyard Control Act;

7. Enter into agreements with the United States Secretary of Transportation relating to the control of junkyards in areas adjacent to the interstate and national highway systems, and to take action in the name of the State to comply with the terms of such agreements; and

8. Comply with all applicable rules, regulations and guidelines of the Federal Government or any agency thereof, and more specifically those regulations and guidelines promulgated by the Federal Highway Administration as codified in 23 CFR Part 751, and contained in the Federal-Aid Policy Guide (FAPG), insofar as compliance with said rules, regulations and guidelines is a necessary condition for Federal participation in junkyard control projects authorized under N.J.S.A. 27:5E-1 et seq. 23 CFR Part 751 can be found at http://ecfr.gpoaccess.gov. The FWHA's guidance materials that supplement the pertinent regulatory materials can be found at http://www.fhwa.dot.gov/legsregs/directives/fapgtoc.htm.