{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/33.2-804.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/33.2-804.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/33.2-804.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/33.2-804.html"}],"law_id":69317,"edition_id":1,"section_id":69317,"structure_id":15048,"section_number":"33.2-804","catch_line":"Junkyards; penalty","history":"Code 1950, \u00a7 33-279.3; 1958, c. 552; 1962, c. 8; 1966, c. 485; 1968, c. 240; 1970, c. 322, \u00a7 33.1-348; 1973, c. 328; 2005, c. 291; 2013, c. 127; 2014, c. 805.","full_text":"A\n\nFor the purpose of promoting the public safety, health, welfare, convenience, and enjoyment of public travel, protecting the public investment in public highways, and preserving and enhancing the scenic beauty of lands bordering public highways, it is hereby declared to be in the public interest to regulate and restrict the establishment, operation, and maintenance of junkyards in areas adjacent to the highways within the Commonwealth.B\n\nAs used in this section:\n\t\t\t“Automobile graveyard” means any lot or place that is exposed to the weather and upon which more than five motor vehicles of any kind that are incapable of being operated and which it would not be economically practical to make operative are placed, located, or found. The movement or rearrangement of vehicles within an existing lot or facility does not render this definition inapplicable. The provisions established by this subsection shall begin with the first day that the vehicle is placed on the subject property.\n\t\t\t“Federal-aid primary highway” means any highway within that portion of the primary state highway system as established and maintained under Article 2 (§ 33.2-310 et seq.) of Chapter 3, including extensions of such system within municipalities that have been approved by the U.S. Secretary of Commerce pursuant to 23 U.S.C. § 103(b).\n\t\t\t“Junk” means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, or waste; junked, dismantled, or wrecked automobiles or parts thereof; and old or scrap iron, steel, or other ferrous or nonferrous material.\n\t\t\t“Junkyard” means an establishment or place of business that is maintained, operated, or used for storing, keeping, buying, or selling junk or for the maintenance or operation of an automobile graveyard. “Junkyard” includes garbage dumps and sanitary landfills.\n\t\t\t“National Highway System” means the federal-aid highway system referenced in 23 U.S.C. § 103 and regulations adopted pursuant thereto, which includes those highways that are designated as such by congressional action or designation by the U.S. Secretary of Transportation. Prior to congressional approval or designation by the U.S. Secretary of Transportation, highways classified as National System of Interstate and Defense Highways, Dwight D. Eisenhower National System of Interstate and Defense Highways, Interstate System, or federal-aid primary highways as that system existed on June 1, 1991, shall be considered as the National Highway System.\n\t\t\t“Primary highway” means any highway within the primary state highway system as established and maintained under Article 2 (§ 33.2-310 et seq.) of Chapter 3, including extensions of such system within municipalities.\n\t\t\t“Visible” means capable of being seen without visual aid by a person of normal visual acuity.C\n\nNo junkyard shall be established any portion of which is within 1,000 feet of the nearest edge of the right-of-way of any National Highway System highway or primary highway or within 500 feet of the nearest edge of the right-of-way of any other highway or city street, except the following:1\n\nJunkyards that are screened by natural objects, plantings, fences, or other appropriate means so as not to be visible from the main-traveled way of the highway or city street or otherwise removed from sight.2\n\nJunkyards that are located in areas that are zoned for industrial use under authority of state law or in unzoned industrial areas as determined by the Board.3\n\nJunkyards that are not visible from the main-traveled way of the highway or city street.D\n\nAny junkyard lawfully in existence on April 4, 1968, that is within 1,000 feet of the nearest edge of the right-of-way and visible from the main-traveled way of any interstate or federal-aid primary highway, and not located within an industrial area, shall be screened, if feasible, by the Commissioner of Highways at locations on 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.\n\t\t\tAny junkyard lawfully in existence on April 4, 1968, that is within 1,000 feet of the nearest edge of the right-of-way of any other primary highway or within 500 feet of the nearest edge of the right-of-way of any other highway and visible from the main-traveled way of such highway, and not located within an industrial area, may be screened by the Commissioner of Highways in the same manner as junkyards adjacent to National Highway System highways.\n\t\t\tThe Commissioner of Highways is authorized to acquire by purchase, gift, or the power of eminent domain such lands or interests in lands as may be necessary to provide adequate screening of such junkyards.E\n\nWhen the Commissioner of Highways determines that the topography of the land adjoining a National Highway System highway will not permit adequate screening of such junkyards or the screening of such junkyards would not be economically feasible, the Commissioner of Highways shall have the authority to acquire by gift, purchase, or the power of eminent domain such interests in lands as may be necessary to secure the relocation, removal, or disposal of the junkyards and to pay for the costs of their relocation, removal, or disposal. When the Commissioner of Highways determines that the topography of the land adjoining any other highway will not permit adequate screening or such would not be feasible, the Commissioner of Highways may exercise the same authority to relocate such junkyards as is vested in him in regard to National Highway System highways.F\n\nAny junkyard that comes into existence after April 4, 1968, and that cannot be made to conform to this section is declared to be a public and private nuisance and may be forthwith removed, obliterated, or abated by the Commissioner of Highways or his representatives. The Commissioner of Highways may collect the cost of such removal, obliteration, or abatement from the person owning or operating the junkyard.G\n\nThe Board is authorized to enter into agreements with the United States as provided in 23 U.S.C. § 136 with respect to control of junkyards.H\n\nThe Commissioner of Highways shall not be required to expend any funds for screening or relocation under this section unless and until federal-aid matching funds are made available for this purpose.I\n\nAny person violating any provision of this section is guilty of a Class 1 misdemeanor.","order_by":null,"text":{"0":{"id":250734,"text":"For the purpose of promoting the public safety, health, welfare, convenience, and enjoyment of public travel, protecting the public investment in public highways, and preserving and enhancing the scenic beauty of lands bordering public highways, it is hereby declared to be in the public interest to regulate and restrict the establishment, operation, and maintenance of junkyards in areas adjacent to the highways within the Commonwealth.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":250735,"text":"As used in this section:\n\t\t\t“Automobile graveyard” means any lot or place that is exposed to the weather and upon which more than five motor vehicles of any kind that are incapable of being operated and which it would not be economically practical to make operative are placed, located, or found. The movement or rearrangement of vehicles within an existing lot or facility does not render this definition inapplicable. The provisions established by this subsection shall begin with the first day that the vehicle is placed on the subject property.\n\t\t\t“Federal-aid primary highway” means any highway within that portion of the primary state highway system as established and maintained under Article 2 (§ 33.2-310 et seq.) of Chapter 3, including extensions of such system within municipalities that have been approved by the U.S. Secretary of Commerce pursuant to 23 U.S.C. § 103(b).\n\t\t\t“Junk” means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, or waste; junked, dismantled, or wrecked automobiles or parts thereof; and old or scrap iron, steel, or other ferrous or nonferrous material.\n\t\t\t“Junkyard” means an establishment or place of business that is maintained, operated, or used for storing, keeping, buying, or selling junk or for the maintenance or operation of an automobile graveyard. “Junkyard” includes garbage dumps and sanitary landfills.\n\t\t\t“National Highway System” means the federal-aid highway system referenced in 23 U.S.C. § 103 and regulations adopted pursuant thereto, which includes those highways that are designated as such by congressional action or designation by the U.S. Secretary of Transportation. Prior to congressional approval or designation by the U.S. Secretary of Transportation, highways classified as National System of Interstate and Defense Highways, Dwight D. Eisenhower National System of Interstate and Defense Highways, Interstate System, or federal-aid primary highways as that system existed on June 1, 1991, shall be considered as the National Highway System.\n\t\t\t“Primary highway” means any highway within the primary state highway system as established and maintained under Article 2 (§ 33.2-310 et seq.) of Chapter 3, including extensions of such system within municipalities.\n\t\t\t“Visible” means capable of being seen without visual aid by a person of normal visual acuity.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":250736,"text":"No junkyard shall be established any portion of which is within 1,000 feet of the nearest edge of the right-of-way of any National Highway System highway or primary highway or within 500 feet of the nearest edge of the right-of-way of any other highway or city street, except the following:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":250737,"text":"Junkyards that are screened by natural objects, plantings, fences, or other appropriate means so as not to be visible from the main-traveled way of the highway or city street or otherwise removed from sight.","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":250738,"text":"Junkyards that are located in areas that are zoned for industrial use under authority of state law or in unzoned industrial areas as determined by the Board.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":250739,"text":"Junkyards that are not visible from the main-traveled way of the highway or city street.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"D"},"6":{"id":250740,"text":"Any junkyard lawfully in existence on April 4, 1968, that is within 1,000 feet of the nearest edge of the right-of-way and visible from the main-traveled way of any interstate or federal-aid primary highway, and not located within an industrial area, shall be screened, if feasible, by the Commissioner of Highways at locations on 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.\n\t\t\tAny junkyard lawfully in existence on April 4, 1968, that is within 1,000 feet of the nearest edge of the right-of-way of any other primary highway or within 500 feet of the nearest edge of the right-of-way of any other highway and visible from the main-traveled way of such highway, and not located within an industrial area, may be screened by the Commissioner of Highways in the same manner as junkyards adjacent to National Highway System highways.\n\t\t\tThe Commissioner of Highways is authorized to acquire by purchase, gift, or the power of eminent domain such lands or interests in lands as may be necessary to provide adequate screening of such junkyards.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C3","next_prefix":"E"},"7":{"id":250741,"text":"When the Commissioner of Highways determines that the topography of the land adjoining a National Highway System highway will not permit adequate screening of such junkyards or the screening of such junkyards would not be economically feasible, the Commissioner of Highways shall have the authority to acquire by gift, purchase, or the power of eminent domain such interests in lands as may be necessary to secure the relocation, removal, or disposal of the junkyards and to pay for the costs of their relocation, removal, or disposal. When the Commissioner of Highways determines that the topography of the land adjoining any other highway will not permit adequate screening or such would not be feasible, the Commissioner of Highways may exercise the same authority to relocate such junkyards as is vested in him in regard to National Highway System highways.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"8":{"id":250742,"text":"Any junkyard that comes into existence after April 4, 1968, and that cannot be made to conform to this section is declared to be a public and private nuisance and may be forthwith removed, obliterated, or abated by the Commissioner of Highways or his representatives. The Commissioner of Highways may collect the cost of such removal, obliteration, or abatement from the person owning or operating the junkyard.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"9":{"id":250743,"text":"The Board is authorized to enter into agreements with the United States as provided in 23 U.S.C. § 136 with respect to control of junkyards.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"10":{"id":250744,"text":"The Commissioner of Highways shall not be required to expend any funds for screening or relocation under this section unless and until federal-aid matching funds are made available for this purpose.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"11":{"id":250745,"text":"Any person violating any provision of this section is guilty of a Class 1 misdemeanor.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"ancestry":[{"id":15048,"edition_id":1,"name":"Offenses Concerning Highways","identifier":"8","label":"chapter","depth":3,"order_by":1,"parent_id":12830,"metadata":{},"date_created":"2026-06-26 03:51:44","date_modified":"2026-06-26 03:51:44","permalink":{"id":206311,"object_type":"structure","relational_id":15048,"identifier":"8","token":"33.2\/II\/8","url":"\/33.2\/II\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12830,"edition_id":1,"name":"Modes of Transportation: Highways, Bridges, Ferries, Rail, and Public Transportation","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12806,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":205369,"object_type":"structure","relational_id":12830,"identifier":"II","token":"33.2\/II","url":"\/33.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12806,"edition_id":1,"name":"Highways and Other Surface Transportation Systems","identifier":"33.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":204785,"object_type":"structure","relational_id":12806,"identifier":"33.2","token":"33.2","url":"\/33.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":57364,"structure_id":15048,"section_number":"33.2-800","catch_line":"Definition","url":"\/33.2-800\/","token":"33.2\/II\/8\/33.2-800","metadata":false},{"id":76287,"structure_id":15048,"section_number":"33.2-801","catch_line":"Cutting or damaging trees; damaging bridges; damaging markers; obstructing highways; penalty","url":"\/33.2-801\/","token":"33.2\/II\/8\/33.2-801","metadata":false},{"id":78222,"structure_id":15048,"section_number":"33.2-802","catch_line":"Dumping trash; penalty","url":"\/33.2-802\/","token":"33.2\/II\/8\/33.2-802","metadata":false},{"id":69747,"structure_id":15048,"section_number":"33.2-803","catch_line":"Dump creating fire hazard to public bridge; penalty","url":"\/33.2-803\/","token":"33.2\/II\/8\/33.2-803","metadata":false},{"id":69317,"structure_id":15048,"section_number":"33.2-804","catch_line":"Junkyards; penalty","url":"\/33.2-804\/","token":"33.2\/II\/8\/33.2-804","metadata":false}],"previous_section":{"id":69747,"structure_id":15048,"section_number":"33.2-803","catch_line":"Dump creating fire hazard to public bridge; penalty","url":"\/33.2-803\/","token":"33.2\/II\/8\/33.2-803","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-804\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 9 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1958, chapter 552; in 1962, chapter 8; in 1966, chapter 485; in 1968, chapter 240; in 1970, chapter 322; in 1973, chapter 328; in 2005, chapter 291<\/a>; in 2013, chapter 127<\/a>; in 2014, chapter 805<\/a>.<\/p>","references":[{"id":72183,"section_number":"15.2-903","catch_line":"Ordinances taxing and regulating \"automobile graveyards,\" \"junkyards,\" and certain vacant and abandoned property","order_by":null,"url":"\/15.2-903\/"},{"id":75971,"section_number":"15.2-973","catch_line":"Ordinances imposing license taxes on owners of certain motor vehicles","order_by":null,"url":"\/15.2-973\/"}],"refers_to":[{"id":80538,"section_number":"33.2-310","catch_line":"Primary state highway system","order_by":null,"url":"\/33.2-310\/"}],"permalink":{"id":206329,"object_type":"law","relational_id":69317,"identifier":"33.2-804","token":"33.2\/II\/8\/33.2-804","url":"\/33.2-804\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/33.2-804\/","token":"33.2\/II\/8\/33.2-804","dublin_core":{"Title":"Junkyards; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-804","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For the purpose of promoting the public safety, health, welfare, convenience, and enjoyment of public travel, protecting the public investment in public highways<\/span>, and preserving and enhancing the scenic beauty of lands bordering public highways<\/span>, it is hereby declared to be in the public interest to regulate and restrict the establishment, operation, and maintenance<\/span> of junkyards<\/span> in areas adjacent to the highways<\/span> within the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> As used in this section:\n\t\t\t“Automobile graveyard<\/span>” means any lot or place that is exposed to the weather and upon which more than five motor vehicles of any kind that are incapable of being operated and which it would not be economically practical to make operative are placed, located, or found. The movement or rearrangement of vehicles within an existing lot or facility does not render this definition inapplicable. The provisions established by this subsection shall begin with the first day that the vehicle is placed on the subject property.\n\t\t\t“Federal-aid primary highway<\/span>” means any highway within that portion of the primary state highway system as established and maintained under Article 2 (§ 33.2-310<\/a> et seq.) of Chapter 3, including extensions of such system within municipalities that have been approved by the U.S. Secretary<\/span> of Commerce pursuant to 23 U.S.C. § 103(b).\n\t\t\t“Junk<\/span>” means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, or waste; junked, dismantled, or wrecked automobiles or parts thereof; and old or scrap iron, steel, or other ferrous or nonferrous material<\/span>.\n\t\t\t“Junkyard<\/span>” means an establishment or place of business that is maintained, operated, or used for storing, keeping, buying, or selling junk<\/span> or for the maintenance<\/span> or operation of an automobile graveyard<\/span>. “Junkyard<\/span>” includes garbage dumps and sanitary landfills.\n\t\t\t“National Highway System<\/span>” means the federal-aid highway system referenced in 23 U.S.C. § 103 and regulations adopted pursuant thereto, which includes those highways that are designated as such by congressional action or designation by the U.S. Secretary<\/span> of Transportation. Prior to congressional approval or designation by the U.S. Secretary<\/span> of Transportation, highways classified as National System of Interstate and Defense Highways, Dwight D. Eisenhower National System of Interstate and Defense Highways, Interstate System<\/span>, or federal-aid primary highways<\/span> as that system existed on June 1, 1991, shall be considered as the National Highway System<\/span>.\n\t\t\t“Primary highway” means any highway within the primary state highway system as established and maintained under Article 2 (§ 33.2-310<\/a> et seq.) of Chapter 3, including extensions of such system within municipalities.\n\t\t\t“Visible<\/span>” means capable of being seen without visual aid by a person of normal visual acuity. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> No junkyard<\/span> shall be established any portion of which is within 1,000 feet of the nearest edge of the right-of-way of any National Highway System<\/span> highway or primary highway or within 500 feet of the nearest edge of the right-of-way of any other highway or city street, except the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Junkyards<\/span> that are screened by natural objects<\/span>, plantings, fences, or other appropriate means so as not to be visible<\/span> from the main-traveled way of the highway or city street or otherwise removed from sight. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Junkyards<\/span> that are located in areas that are zoned for industrial use under authority of state law<\/span> or in unzoned industrial areas as determined by the Board<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Junkyards<\/span> that are not visible<\/span> from the main-traveled way of the highway or city street. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any junkyard<\/span> lawfully in existence on April 4, 1968, that is within 1,000 feet of the nearest edge of the right-of-way and visible<\/span> from the main-traveled way of any interstate or federal-aid primary highway<\/span>, and not located within an industrial area, shall be screened, if feasible, by the Commissioner of Highways<\/span> at locations on the highway right-of-way or in areas acquired for such purposes outside the right-of-way, so as not to be visible<\/span> from the main-traveled way of such highways.\n\t\t\tAny junkyard<\/span> lawfully in existence on April 4, 1968, that is within 1,000 feet of the nearest edge of the right-of-way of any other primary highway or within 500 feet of the nearest edge of the right-of-way of any other highway and visible<\/span> from the main-traveled way of such highway, and not located within an industrial area, may be screened by the Commissioner of Highways<\/span> in the same manner as junkyards<\/span> adjacent to National Highway System<\/span> highways.\n\t\t\tThe Commissioner of Highways<\/span> is authorized to acquire by purchase, gift, or the power of eminent domain such lands or interests in lands as may be necessary to provide adequate screening of such junkyards<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> When the Commissioner of Highways<\/span> determines that the topography of the land adjoining a National Highway System<\/span> highway will not permit adequate screening of such junkyards<\/span> or the screening of such junkyards<\/span> would not be economically feasible, the Commissioner of Highways<\/span> shall have the authority to acquire by gift, purchase, or the power of eminent domain such interests in lands as may be necessary to secure the relocation, removal, or disposal of the junkyards<\/span> and to pay for the costs of their relocation, removal, or disposal. When the Commissioner of Highways<\/span> determines that the topography of the land adjoining any other highway will not permit adequate screening or such would not be feasible, the Commissioner of Highways<\/span> may exercise the same authority to relocate such junkyards<\/span> as is vested in him in regard to National Highway System<\/span> highways. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Any junkyard<\/span> that comes into existence after April 4, 1968, and that cannot be made to conform to this section is declared to be a public and private nuisance and may be forthwith removed, obliterated, or abated by the Commissioner of Highways<\/span> or his representatives. The Commissioner of Highways<\/span> may collect the cost of such removal, obliteration, or abatement from the person owning or operating the junkyard<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The Board<\/span> is authorized to enter into agreements with the United States as provided in 23 U.S.C. § 136 with respect to control of junkyards<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> The Commissioner of Highways<\/span> shall not be required to expend any funds for screening or relocation under this section unless and until federal-aid matching funds are made available for this purpose. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Any person violating any provision of this section is guilty of a Class 1 misdemeanor<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nJUNKYARDS; PENALTY (\u00a7 33.2-804)\n\nA. For the purpose of promoting the public safety, health, welfare, convenience,\nand enjoyment of public travel, protecting the public investment in public\nhighways, and preserving and enhancing the scenic beauty of lands bordering\npublic highways, it is hereby declared to be in the public interest to regulate\nand restrict the establishment, operation, and maintenance of junkyards in areas\nadjacent to the highways within the Commonwealth.\n\nB. As used in this section:\n\t\t\t“Automobile graveyard” means any lot or place that is exposed to\nthe weather and upon which more than five motor vehicles of any kind that are\nincapable of being operated and which it would not be economically practical to\nmake operative are placed, located, or found. The movement or rearrangement of\nvehicles within an existing lot or facility does not render this definition\ninapplicable. The provisions established by this subsection shall begin with the\nfirst day that the vehicle is placed on the subject property.\n\t\t\t“Federal-aid primary highway” means any highway within that\nportion of the primary state highway system as established and maintained under\nArticle 2 (§ 33.2-310 et seq.) of Chapter 3, including extensions of such\nsystem within municipalities that have been approved by the U.S. Secretary of\nCommerce pursuant to 23 U.S.C. § 103(b).\n\t\t\t“Junk” means old or scrap copper, brass, rope, rags, batteries,\npaper, trash, rubber, debris, or waste; junked, dismantled, or wrecked\nautomobiles or parts thereof; and old or scrap iron, steel, or other ferrous or\nnonferrous material.\n\t\t\t“Junkyard” means an establishment or place of business that is\nmaintained, operated, or used for storing, keeping, buying, or selling junk or\nfor the maintenance or operation of an automobile graveyard.\n“Junkyard” includes garbage dumps and sanitary landfills.\n\t\t\t“National Highway System” means the federal-aid highway system\nreferenced in 23 U.S.C. § 103 and regulations adopted pursuant thereto,\nwhich includes those highways that are designated as such by congressional\naction or designation by the U.S. Secretary of Transportation. Prior to\ncongressional approval or designation by the U.S. Secretary of Transportation,\nhighways classified as National System of Interstate and Defense Highways,\nDwight D. Eisenhower National System of Interstate and Defense Highways,\nInterstate System, or federal-aid primary highways as that system existed on\nJune 1, 1991, shall be considered as the National Highway System.\n\t\t\t“Primary highway” means any highway within the primary state\nhighway system as established and maintained under Article 2 (§ 33.2-310 et\nseq.) of Chapter 3, including extensions of such system within municipalities.\n\t\t\t“Visible” means capable of being seen without visual aid by a\nperson of normal visual acuity.\n\nC. No junkyard shall be established any portion of which is within 1,000 feet of\nthe nearest edge of the right-of-way of any National Highway System highway or\nprimary highway or within 500 feet of the nearest edge of the right-of-way of\nany other highway or city street, except the following:\n\n 1. Junkyards that are screened by natural objects, plantings, fences, or other\n appropriate means so as not to be visible from the main-traveled way of the\n highway or city street or otherwise removed from sight.\n\n 2. Junkyards that are located in areas that are zoned for industrial use under\n authority of state law or in unzoned industrial areas as determined by the\n Board.\n\n 3. Junkyards that are not visible from the main-traveled way of the highway or\n city street.\n\nD. Any junkyard lawfully in existence on April 4, 1968, that is within 1,000\nfeet of the nearest edge of the right-of-way and visible from the main-traveled\nway of any interstate or federal-aid primary highway, and not located within an\nindustrial area, shall be screened, if feasible, by the Commissioner of Highways\nat locations on the highway right-of-way or in areas acquired for such purposes\noutside the right-of-way, so as not to be visible from the main-traveled way of\nsuch highways.\n\t\t\tAny junkyard lawfully in existence on April 4, 1968, that is within 1,000\nfeet of the nearest edge of the right-of-way of any other primary highway or\nwithin 500 feet of the nearest edge of the right-of-way of any other highway and\nvisible from the main-traveled way of such highway, and not located within an\nindustrial area, may be screened by the Commissioner of Highways in the same\nmanner as junkyards adjacent to National Highway System highways.\n\t\t\tThe Commissioner of Highways is authorized to acquire by purchase, gift, or\nthe power of eminent domain such lands or interests in lands as may be necessary\nto provide adequate screening of such junkyards.\n\nE. When the Commissioner of Highways determines that the topography of the land\nadjoining a National Highway System highway will not permit adequate screening\nof such junkyards or the screening of such junkyards would not be economically\nfeasible, the Commissioner of Highways shall have the authority to acquire by\ngift, purchase, or the power of eminent domain such interests in lands as may be\nnecessary to secure the relocation, removal, or disposal of the junkyards and to\npay for the costs of their relocation, removal, or disposal. When the\nCommissioner of Highways determines that the topography of the land adjoining\nany other highway will not permit adequate screening or such would not be\nfeasible, the Commissioner of Highways may exercise the same authority to\nrelocate such junkyards as is vested in him in regard to National Highway System\nhighways.\n\nF. Any junkyard that comes into existence after April 4, 1968, and that cannot\nbe made to conform to this section is declared to be a public and private\nnuisance and may be forthwith removed, obliterated, or abated by the\nCommissioner of Highways or his representatives. The Commissioner of Highways\nmay collect the cost of such removal, obliteration, or abatement from the person\nowning or operating the junkyard.\n\nG. The Board is authorized to enter into agreements with the United States as\nprovided in 23 U.S.C. § 136 with respect to control of junkyards.\n\nH. The Commissioner of Highways shall not be required to expend any funds for\nscreening or relocation under this section unless and until federal-aid matching\nfunds are made available for this purpose.\n\nI. Any person violating any provision of this section is guilty of a Class 1\nmisdemeanor.\n\nHISTORY: Code 1950, \u00a7 33-279.3; 1958, c. 552; 1962, c. 8; 1966, c. 485; 1968,\nc. 240; 1970, c. 322, \u00a7 33.1-348; 1973, c. 328; 2005, c. 291; 2013, c. 127;\n2014, c. 805.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}