N.J. Stat. tit. 27, ch. 5E

in effect

N.J. Stat. § 27:5E-1 Short title

This act shall be known as the "Junkyard Control Act." L.1970, c. 152, s. 1, eff. July 24, 1970.

N.J. Stat. § 27:5E-2 Declaration of policy

The purposes of this act are to promote the public safety, health, welfare, convenience and enjoyment of public travel, to protect the public investment in public highways, and to preserve and enhance the scenic beauty of lands bordering public highways. It is hereby declared to be the public policy of this State to regulate and restrict the establishment, operation, and maintenance of junkyards in areas adjacent to the interstate and primary highway systems within this State. L.1970, c. 152, s. 2, eff. July 24, 1970.

N.J. Stat. § 27:5E-3 Definitions

As used in this act: (a) "Junk" shall mean 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" shall mean 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" shall mean 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" 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 Commissioner of Transportation, and approved by the Secretary of Transportation, pursuant to the provisions of Title 23 of the United States Code. (e) "Primary system" means that portion of connected main highways, as officially designated, or as may hereafter be so designated, by the Commissioner of Transportation, and approved by the Secretary of Transportation, pursuant to the provisions of Title 23 of the United States Code. L.1970, c. 152, s. 3, eff. July 24, 1970.

N.J. Stat. § 27:5E-4 Establishment, operation and maintenance of junkyard

No person shall establish, operate, or maintain a junkyard, any portion of which is within 1,000 feet of the nearest edge of the right-of-way of any interstate or primary highway, except the following: (a) Those which are screened by natural objects, plantings, fences, or other appropriate means so as not to be visible from the main-traveled way of the interstate and primary systems, or otherwise removed from sight; (b) Those located within areas which are zoned for industrial use under authority of law; (c) Those located within unzoned industrial areas, which areas shall be determined from actual land uses and defined by regulations to be promulgated by the Commissioner of Transportation after public hearing. (d) Those which are not visible from the main-traveled way of the system. L.1970, c. 152, s. 4, eff. July 24, 1970.

N.J. Stat. § 27:5E-5 Screening of junkyard

Any junkyard lawfully in existence on the effective date of this act which is within 1,000 feet of the nearest edge of the right-of-way and visible from the main-traveled way of any highway on the interstate or primary systems, shall be screened, if feasible, by the Department of Transportation at locations on the highway right-of-way or in areas acquired for such purposes outside the right-of-way so as not to make such a junkyard visible from the main-traveled way of such highways. When the Commissioner of Transportation determines that it is in the best interest of the State he may acquire such lands, or interests in lands, as may be necessary to provide adequate screening of such junkyards. L.1970, c. 152, s. 5, eff. July 24, 1970.

N.J. Stat. § 27:5E-6 Rules and regulations for screening or fencing

The Commissioner of Transportation shall have the authority to promulgate rules and regulations governing the location, planting, construction and maintenance, including the materials used, in screening or fencing required by this act. L.1970, c. 152, s. 6, eff. July 24, 1970.

N.J. Stat. § 27:5E-7 Relocation, removal or disposal of junkyards

When the Commissioner of Transportation determines that the topography of the land adjoining the highway will not permit adequate screening of such junkyards or determines that the screening of such junkyards would not be economically feasible, the Commissioner of Transportation shall have the authority to acquire by gift, purchase, exchange, or condemnation, 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 relocation, removal, or disposal, thereof. L.1970, c. 152, s. 7, eff. July 24, 1970.

N.J. Stat. § 27:5E-8 Relocation, removal or disposal of junkyards; acquisition of lands

Junkyards which do not conform to the requirements of this act are declared to be public nuisances. The Commissioner of Transportation may apply to the Superior Court, Chancery Division in the county in which said junkyards may be located for an injunction to abate such nuisance. L.1970, c. 152, s. 8, eff. July 24, 1970.

N.J. Stat. § 27:5E-9 County and municipal ordinances; effect

Nothing in this act shall be construed to abrogate or affect the provisions of any lawful ordinance, regulation, or resolution of any county or municipality, which is more restrictive than the provisions of this act. L.1970, c. 152, s. 9, eff. July 24, 1970.

N.J. Stat. § 27:5E-10 Federal cooperation

The Commissioner of Transportation is hereby authorized to enter into agreements with the United States Secretary of Transportation as provided by Title 23, United States Code, relating to the control of junkyards in areas adjacent to the interstate and primary systems, and to take action in the name of the State to comply with the terms of such agreement. L.1970, c. 152, s. 10, eff. July 24, 1970.

N.J. Stat. § 27:5E-11 Severability

If any section, subsection or other provision of this act, or the application thereof to any person or circumstance is held invalid, the remainder of this act and the application of such section, or other provision to other persons or circumstances shall not be affected thereby. L.1970, c. 152, s. 11, eff. July 24, 1970.

N.J. Stat. § 27:5E-12 Violations; penalty

Whosoever shall hereafter establish and maintain any junkyards in violation of the provisions of this act shall, after conviction, be liable to a penalty of not less than $500.00 nor more than $1,000.00 for each instance of violation. L.1970, c. 152, s. 12, eff. July 24, 1970.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026