CONTROL OF CERTAIN JUNKYARDS

M.G.L. pt. Part I, tit. Title XX, ch. c. 140B

in effect

M.G.L. c. 140B, § 1 Definitions

c. 140B, § 1. Definitions Section 1. The following terms as used in this chapter shall, unless a different meaning clearly appears from the context, have the following meanings: (a) ''Junk'', old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled, or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material. (b) ''Automobile graveyard'', 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. (c) ''Junkyard'', 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. (d) ''Interstate system'', that portion of the national system of interstate and defense highways located within the commonwealth, as officially designated or as may hereafter be so designated, by the state department of highways, and approved by the Secretary of Commerce, pursuant to the provisions of Title 23, United States Code. (e) ''Primary system'', that portion of connected main highways, as officially designated, or as may hereafter be so designated, by the state department of highways, and approved by the Secretary of Commerce, pursuant to the provisions of Title 23, United States Code. (f) ''Department'', the state department of highways. (g) ''Commissioner'', the commissioner of the state department of highways.

M.G.L. c. 140B, § 2 Establishment or maintenance of junkyards; locations

c. 140B, § 2. Establishment or maintenance of junkyards; locations Section 2. No person shall establish, operate or maintain a junkyard, any portion of which is within one thousand feet of the nearest edge of the right-of-way of any interstate or primary highway, unless such junkyard is: (a) screened by natural objects, plantings, fences, or other appropriate means so as not to be visible from the main traveled way of the system, or otherwise removed from sight, or (b) located within an area which is zoned for industrial use under authority of law, or (c) located within an unzoned industrial area, which area shall be determined from actual land uses and defined by regulations promulgated by the administrator, or (d) is not visible from the main traveled way of the system.

M.G.L. c. 140B, § 3 Rules and regulations

c. 140B, § 3. Rules and regulations Section 3. The department may promulgate such rules and regulations governing the location, planting, construction and maintenance of the screens or fences, including the materials used in screening or fencing, as may be required by this chapter.

M.G.L. c. 140B, § 4 Screening or relocation of junkyards

c. 140B, § 4. Screening or relocation of junkyards Section 4. If the department determines that the topography of the area adjoining the highway does not permit adequate screening of such junkyards or that the screening of such junkyards is not economically feasible, it may acquire by purchase or otherwise or take by eminent domain under chapter seventy-nine such land or interests in land as it deems necessary to secure the relocation, removal or disposal of the junkyards. The department shall pay the costs of such relocation, removal or disposal as approved by said department. If the department determines it to be in the best interests of the commonwealth, it may acquire by purchase or otherwise or take by eminent domain under chapter seventy-nine such land or interests in land as may be necessary to provide adequate screening of such junkyards.

M.G.L. c. 140B, § 5 Entry and inspection of junkyards

c. 140B, § 5. Entry and inspection of junkyards Section 5. The administrator, or an agent authorized by him, may at any time enter upon any premises used by any person licensed to carry on business under section fifty-four or fifty-nine of chapter one hundred and forty to ascertain if such person is conducting said business in conformity with the provisions of section two.

M.G.L. c. 140B, § 6 Penalty for refusal to allow administrator to enter

c. 140B, § 6. Penalty for refusal to allow administrator to enter Section 6. A licensee under section fifty-four or fifty-nine of chapter one hundred and forty, or any other person in charge of the licensed premises, who refuses to allow the administrator or his authorized agent to enter said premises, or any person who wilfully hinders, obstructs or prevents the administrator or his authorized agent from entering said premises or from making the examination authorized by section five shall be punished by a fine of not more than two hundred dollars.

M.G.L. c. 140B, § 7 Non-conforming junkyard as nuisance; abatement

c. 140B, § 7. Non-conforming junkyard as nuisance; abatement Section 7. Any junkyard which does not conform to the requirements of this chapter shall be deemed a nuisance and the department may make application to the superior court for the county in which such junkyard is established or maintained for an injunction to abate such nuisances.

M.G.L. c. 140B, § 8 Violation; enforcement penalties

c. 140B, § 8. Violation; enforcement penalties Section 8. No person shall operate or maintain a junkyard in violation of the provisions of this chapter. The state police and the police of the cities and towns shall enforce this chapter. Any person violating any provision of this chapter the punishment for which is not otherwise provided shall, upon conviction of the first offense, be punished by a fine of not less than fifty dollars nor more than one hundred dollars, or by imprisonment for not less than ten days nor more than thirty days, or both such fine and imprisonment; and shall upon conviction of a second or subsequent offense be fined not less than one hundred dollars nor more than five hundred dollars, or by imprisonment for not less than thirty days nor more than six months, or by both such fine and imprisonment; provided, however, that any person who violates the provisions of this chapter and of section sixty-eight of chapter one hundred and forty shall be prosecuted in accordance with the provisions of said section sixty-eight and upon conviction be subject to the penalty provided in said section.

M.G.L. c. 140B, § 9 Agreements with Federal Government

c. 140B, § 9. Agreements with Federal Government Section 9. The department is hereby authorized to enter into agreements with the Secretary of Commerce of the United States as provided by Title 23, United States Code, relative to the control of junkyards in areas adjacent to the interstate and primary systems, and to take action in the name of the commonwealth to comply with the terms of such agreement.

M.G.L. c. 140B, § 10 Expenditure of federal funds

c. 140B, § 10. Expenditure of federal funds Section 10. In order to carry out the purposes and provisions of this chapter and of Title II of the Federal Highway Beautification Act of 1965, the department may expend any funds made available for the laying out, construction, reconstruction, resurfacing, relocation or improvement of highways notwithstanding any provision of law to the contrary.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140BFetched: 10/20/2026