Oklahoma Administrative Code
Title 730 - Department of Transportation
Chapter 35 - Maintenance and Control of State Highway System
Subchapter 3 - Junkyard Control
Section 730:35-3-3 - Definitions

The following words or terms, when used in this subchapter, shall have the following meaning, unless the context clearly indicates otherwise:

"Automobile graveyard" means any establishment or place of business which is maintained, used, or operated for storing, keeping, buying or selling wrecked, scrapped, ruined or dismantled motor vehicles or motor vehicle parts. Ten or more such vehicles will constitute an automobile graveyard.

"Illegal junkyard" means a junkyard which was established or is maintained in violation of State law.

"Industrial activities" means those activities permitted only in industrial zones, or in less restrictive zones by the nearest zoning authority within the State. It may also refer to activities prohibited by said zoning authority but generally recognized as industrial by other zoning authorities within the State. None of the following shall be considered industrial activities:

(A) Outdoor advertising signs, displays or devices;

(B) Agricultural, forestry, ranching, grazing, farming and related activities, including, but not limited to, wayside fresh produce stands;

(C) Activities normally and regularly in operation less than three (3) months of the year;

(D) Transient or temporary activities;

(E) Activities not visible from the traffic lanes of the main-traveled way;

(F) Activities more than three hundred (300) feet from the nearest edge of the main-traveled way;

(G) Activities conducted in a building principally used as a residence;

(H) Railroad tracks, minor sidings, and passenger depots;

(I) Strip or other open mining activities; and

(J) Junkyards, automobile graveyards or scrap metal processing facilities.

"Interstate 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 Transportation Commission, and approved by the Secretary of Transportation, pursuant to the provisions of Title 23, United States Code.

"Junk" means old or scrap copper, brass, rope, rags, batteries, paper, used or dismantled household appliances, trash, rubber debris, waste, or junked, dismantled or wrecked automobiles, or parts thereof, iron, steel and other old or scrap ferrous or non-ferrous material.

"Junkyard" means 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 the term shall include garbage dumps and sanitary fills.

"Nonconforming junkyard" means one which was lawfully established, but which now does not comply with the provisions of State law.

"Primary system" means that portion of the highway system as officially designated, or as may hereafter be so designated, by the Transportation Commission, and approved by the Secretary of Transportation, pursuant to the provisions of Title 23, United States Code.

"Scrap metal processing facility" means an establishment having facilities used primarily for processing iron, steel or non-ferrous metals and whose principal product is such iron, steel or scrap for sale, for remelting purposes only, the processor being considered a manufacturer.

"Unzoned industrial areas" means any areas not zoned by state or local law, regulation or ordinance, which are occupied by one or more industrial activities. They include all lands along the highway for a distance of one thousand (1,000) feet in each direction as measured from the outer edges of the regularly used buildings, parking lots, storage, or processing areas of the activity, and which lie parallel to the edge of the pavement and which are located on the same side of the highway as the principal industrial activity. Measurements shall not begin at the property lines but rather shall begin at the outer edges of the area containing the regularly used buildings, parking lots, storage or processing areas related to the industrial activities.

Amended at 17 Ok Reg 1384, eff 5-11-00