HARRY HUGHES, Governor

3395

(2)  Otherwise not visible from the main traveled
way of the highway;

(3)  Located in an area that is zoned for
industrial use under authority of local law; or

(4)  Located in an area that is not zoned for
industrial use, but that is used for industrial activities
as determined by the Administration with the approval of the
United States Secretary of Transportation under the federal
Highway Beautification Act of 1965.

8-808.

(a) The Administration may adopt rules and regulations
that:

(1)   It considers necessary to govern the
establishment, operation, screening, fencing, and
maintenance of any junkyard [or], automotive dismantler and
recycler facility, OR SCRAP METAL PROCESSING FACILITY that
is required to be licensed under this subtitle; and

(2)  Consistent with the national standards
adopted by the United States Secretary of Transportation
under Title 23 of the United States Code, are necessary for
the safety, welfare, and enjoyment of the traveling public.

8-809.

(a)  (1) Except as provided in subsection (b) of this
section, if a junkyard [or], automotive dismantler and
recycler facility, OR SCRAP METAL PROCESSING FACILITY that
lawfully existed on January 1, 1968, is within 1,000 feet of
the nearest edge of the right-of-way of an interstate or
primary highway, is visible from the main traveled way of
that highway, and is not located in an area described in §
8-807(a)(3) or (4) of this subtitle, the Administration
shall screen the junkyard or facility so that it is not
visible from the main traveled way of the highway.

(2) A junkyard or facility shall be screened
under this section:

(i) If feasible, on the highway
right-of-way; or

(ii) Otherwise, on other property acquired
for that purpose.

(b)   If the Administration determines that the
topography of the land or economic factors prevent adequate
screening of, a junkyard [or], automotive dismantler and
recycler facility, OR SCRAP METAL PROCESSING FACILITY under