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18.6.141    FENCING AND/OR SCREENING

(1) Fencing refers to fences or other man-made barriers placed to conceal a junkyard from view. Screening refers to growing plants, shrubs and trees placed to conceal a junkyard from view. Shielding refers to either, or a combination of the two as they serve to shield a junkyard from view.

(2) Where required by these regulations, fencing, screening, or a combination thereof must be provided which will prevent the junk, wrecked or inoperative vehicles, and other items stored or being processed on the premises from being viewed from the highway.

(a) Density. The junkyard need not be totally shielded from sight. If a fence is used, the boards may be placed to reduce wind load. The space which can be seen from the road shall not be more than 1-1/2 inches wide when viewed at any angle from 45° to 90° to the fence; the interval between spaces shall not be less than 7-1/2 inches. Chain link metal fences with standard fiberglass or other inserts are acceptable provided the gap between adjacent slats does not exceed 1-1/2 inches. The breaks in the fence may be vertical or at an angle; they cannot be horizontal. Screening, while not subject to precise measurements, must provide a similar degree of shielding at all times of the year.

(b) Height. The shielding must be of sufficient height that none of the junk, wrecked or inoperative vehicles, and other items stored or being processed on the premises are visible from any point six feet above the surface of the traffic lanes adjacent to the junkyard or for a distance of five hundred (500) feet along the highway beyond the end of the junkyard operation. This is not intended to require that permanent buildings, other structures, utility poles, cranes or derricks or similar structures be shielded.

(c) Materials -

(i) Fences must be constructed of sound materials. Wood fences faced with good material (not slabs) , graded No. 2 or better, painted or preserved against weather, are acceptable. Chain-link type metal fences with slats inserted are acceptable. Other types of fencing of equivalent permanence, attractiveness and shielding quality are also acceptable. To preclude misunderstanding, prior approval should be obtained for fences other than the two types specifically approved above.

(ii) Screening by use of annual plants or deciduous trees is not prohibited; however, the degree of shielding provided in Subsection (2) (a) of this rule must be provided at all times of the year. Cottonwood trees may not be planted on the highway rights-of-way as screening.

(d) Maintenance. The fencing and/or screening shall be maintained by the junkyard operator in a neat and workmanlike manner. It shall be replaced, where necessary by him. Damage by vandals, vehicles, leaving or driven from the highway, or other causes shall be the risk of the operator, and shall not be reason for not maintaining the fence. The fence may not be used as a billboard. A maximum of two signs not to exceed thirty two (32) square feet each advertising the business conducted on the premises may be painted on or attached flush to the fence.

(e) Location. Fences must be placed on or behind the right-of-way line. Screening should be placed on private land behind the right-of-way line in order to assure its maintenance and ownership. Where there is sufficient room on the right-of-way, a use permit may be issued for planting and maintenance of screening, provided, however, no such permit will be issued for planting and maintenance of screening within the access control limits of any controlled access highway.

History: 75-15-222 MCA; IMP, Sec. 75-15-222 MCA; Eff. 12/31/72.

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