Does NC's Junkyard Control Act apply to Ashe County (which has no interstate or federal-aid primary highway), can the county enforce it through a misdemeanor warrant when the state hasn't acted, and do affected neighbors have any private enforcement rights?
Plain-English summary
NC's Junkyard Control Act (§ 136-141 et seq.) is a highway-beautification law. It bans operating a junkyard within 1,000 feet of certain protected highway corridors unless one of four exceptions applies. The Act was passed to comply with the federal Highway Beautification Act of 1965, which conditioned some federal-highway funding on states adopting junkyard restrictions.
Ashe County, in the NC mountains, has no interstate or federal-aid primary highway. The county Board of Commissioners asked the AG three questions:
1. Does the Junkyard Control Act even apply to Ashe County?
Yes. § 136-144 extends the 1,000-foot rule to "a North Carolina route in a county that has no interstate or federal aid primary highways." Per NCDOT, Ashe County has no interstate or federal-aid primary highway, but it does have NC routes: NC 16, NC 88, NC 163, and NC 194. The Act bans junkyards within 1,000 feet of any of those routes unless one of four exceptions applies:
- Screened (by natural objects, plantings, fences, or other means) so the junkyard isn't visible from the main-traveled way of an NC route during any season.
- Located in an area zoned by local authorities for industrial use.
- Located in an area actually used for industrial purposes, as defined by NCDOT regulation, regardless of zoning.
- Not visible from the main-traveled way of any NC route during any season.
The opinion notes that NCDOT entered a 1973 agreement with the US Department of Transportation under § 136-152, defining "unzoned industrial" areas and triggering activation of the Act. The federal funding under § 136-155 supports state enforcement.
2. Can Ashe County enforce the Act through a misdemeanor citation, if the state hasn't done so?
Yes. § 136-145 makes a violation a Class 1 misdemeanor. Sworn law enforcement officers (county sheriff deputies, municipal police, state Highway Patrol) can write citations. The local district attorney decides whether to prosecute. The Act doesn't require state action before local enforcement; it's a general criminal statute and any sworn officer in the jurisdiction can charge a violation.
3. Do affected neighbors have private enforcement rights?
The Act doesn't expressly create a private right of action. NC courts haven't addressed whether one is implied. But the Act doesn't preempt local junkyard regulation: counties and municipalities can pass their own ordinances. County of Hoke v. Byrd and Byrd, 107 N.C. App. 658 (1992), held that the Act did not preempt local regulation of junkyards near federal-aid secondary roads. R.O. Givens, Inc. v. Nags Head, 58 N.C. App. 697 (1982), reached the same result for the related Outdoor Advertising Control Act (§ 136-126 et seq.). So a community that wanted broader, more vigorously enforced rules could adopt a local ordinance.
Signed by Senior Deputy AG Reginald Watkins, Special Deputy AG Robert Crawford III, and Assistant AG Gaines Weaver.
Currency note
This opinion was issued in 2002. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Chapter 136 has been amended several times since 2002. The federal Highway Beautification Act regulatory landscape has also shifted. Anyone applying this opinion to a current junkyard-enforcement question should verify the current text of § 136-144 (especially the list of exceptions), the current list of NC routes in the relevant county, and any local junkyard ordinance that may overlap.
Common questions
Q: What counts as a 'junkyard'?
A: The Junkyard Control Act defines "junkyard" in § 136-143 (which the opinion doesn't quote). Generally, a junkyard is an outdoor area used for storing or processing junk, including automobile graveyards, scrap-metal yards, and similar facilities. The specific definition matters in close cases.
Q: What's a 'federal-aid primary highway' vs. an 'NC route'?
A: A federal-aid primary highway (now called the National Highway System Primary in modern federal nomenclature) is a major route receiving federal highway funds. An "NC route" is a state-numbered highway. In Ashe County, US 221 was apparently classified as a federal-aid secondary road at the time, not a primary, so the federal-primary trigger wasn't met. The NC-route trigger filled the gap.
Q: How does the 'unzoned industrial' exception work?
A: NCDOT regulations define when an area is "actually used for industrial purposes" without formal industrial zoning. The criteria include the number of actively operating industrial uses in the vicinity, the proximity of those uses to the junkyard, and the overall character of the area. A single industrial use generally won't qualify a corridor as "unzoned industrial."
Q: What does 'screened from view' require?
A: The screening must hide the junkyard from the main-traveled way of the protected highway during all seasons. Deciduous trees that lose leaves in winter generally won't qualify because winter visibility would still expose the junkyard. Solid fencing, opaque earthen berms, or evergreen plantings are common screening solutions.
Q: Can a county pass a stricter junkyard ordinance?
A: Yes, per County of Hoke v. Byrd and Byrd. The Junkyard Control Act sets a floor, not a ceiling. A county can adopt rules that ban junkyards in additional areas, require more screening, or impose civil penalties on top of the state misdemeanor.
Q: Who actually enforces the state misdemeanor?
A: Any sworn law enforcement officer with jurisdiction. In Ashe County, that includes the Sheriff's deputies and the state Highway Patrol. The cited person is criminally charged, and the District Attorney decides whether to take the case to trial.
Background and statutory framework
The 1965 federal Highway Beautification Act (the "Lady Bird Johnson Act") was a flagship initiative of the Johnson administration. It required states to control outdoor advertising and junkyards along interstate and primary highways or lose 10% of their federal highway funds. NC complied by passing the Outdoor Advertising Control Act (§ 136-126 et seq.) and the Junkyard Control Act (§ 136-141 et seq.). Both were modeled on the federal templates.
The "1,000 feet from the highway right-of-way" distance is the federal default. Both acts adopt it. The four exceptions in the NC Junkyard Control Act (screened, zoned industrial, unzoned industrial, not visible) also come from the federal model. The federal rule applies to interstate and primary highways. NC extended the rule to NC routes in counties without federal-aid primary highways, in part because the AG's office and the legislature wanted statewide coverage.
The Ashe County question reflects a typical rural-county enforcement situation. The county has no interstate. It has limited federal-aid roads. Its tourist economy (around the Blue Ridge Parkway, the New River, and ski areas) is sensitive to roadside aesthetics. Junkyards along NC 16 (a major north-south route into the county) and NC 194 (the connector to Boone) directly affect the visual approach to Ashe County's recreational and tourism destinations.
The opinion's careful treatment of three separate questions reflects how counties usually approach junkyard issues: (1) figure out if the state law applies, (2) figure out how to enforce it, and (3) figure out whether neighbors can pursue private remedies. The AG's answers (yes, local law enforcement, no private right of action but local ordinances allowed) gave Ashe County a clear roadmap.
Citations
- N.C.G.S. § 136-141 et seq. (Junkyard Control Act)
- N.C.G.S. § 136-144 (1,000-foot setback, four exceptions)
- N.C.G.S. § 136-145 (Class 1 misdemeanor)
- N.C.G.S. § 136-152 (NCDOT-USDOT agreement)
- N.C.G.S. § 136-155 (federal-funds trigger)
- N.C.G.S. § 136-126 et seq. (Outdoor Advertising Control Act)
- County of Hoke v. Byrd and Byrd, 107 N.C. App. 658, 421 S.E.2d 800 (1992) (no preemption of local junkyard regulation)
- R.O. Givens, Inc. v. Nags Head, 58 N.C. App. 697, 294 S.E.2d 388 (1982) (no preemption of local outdoor-advertising regulation)
- Federal Highway Beautification Act of 1965, 23 U.S.C. § 136
Source
Original opinion text
Re: Advisory Opinion: Application of Junkyard Control Act to Ashe County; N.C. Gen. Stat. § 136-141 et seq.
Dear Mr. Kilby:
By letter dated August 2, 2002, you requested, on behalf of the Ashe County Board of Commissioners, an advisory opinion concerning the application and enforcement of the Junkyard Control Act (Chapter 136, Article 12, of the North Carolina General Statutes) in Ashe County. You asked several questions which will be addressed in turn below.
(1) Does the Junkyard Control Act apply to Ashe County?
N.C. Gen. Stat. § 136-144 states in pertinent part as follows:
No junkyard shall be established, operated or maintained, any portion of which is within 1,000 feet of the nearest edge of right-of-way of any interstate or primary highway, or a North Carolina route in a county that has no interstate or federal aid primary highways, except the following . . . [emphasis added]
According to the North Carolina Department of Transportation (hereinafter "NCDOT"), Ashe County has no interstate or federal-aid primary highways. Thus, the ban (with exceptions) on junkyards applies to all areas in Ashe County that are within 1,000 feet of a North Carolina route. According to NCDOT, the North Carolina routes in Ashe County are: NC 16, NC 88, NC 163, and NC 194. The statute bans all junkyards in these areas except for those which fall under one of the four exceptions.
The four exceptions are junkyards which, though within the 1,000 feet zone, are either:
1) screened by natural objects, plantings, fences or other means in a way that renders them not visible from the main-traveled way (of a North Carolina route in Ashe County) during any season;
2) located in areas which local authorities have zoned for industrial use;
3) those located within areas which, regardless of zoning, are actually used for industrial purposes, as defined by NCDOT regulation; or
4) are not visible from the main-traveled way of a North Carolina route in Ashe County during any season.
Pursuant to N.C. Gen. Stat. § 136-152, NCDOT entered into an Agreement regarding junkyard control with the United States Department of Transportation on May 21, 1973. The effect of the Agreement was to define "unzoned industrial" areas and, coupled with federal funds made available at the time, trigger the activation of the Junkyard Control Act as a whole. NCDOT was not required to expend any funds for regulation of junkyards until federal funds were made available pursuant to the Agreement. N.C. Gen. Stat. § 136-155. A copy of the Agreement is attached hereto.
(2) In the absence of State action, can Ashe County enforce the Junkyard Control Act by initiating a misdemeanor criminal warrant?
N.C. Gen. Stat. § 136-145 makes violation of the Junkyard Control Act a Class 1 misdemeanor. It is the responsibility of sworn law enforcement officers to write citations for the criminal enforcement of N.C. Gen. Stat. § 136-145. The local district attorney ultimately determines the merits of prosecuting cases based on such citations.
(3) Do individuals adversely affected by the violation of the Junkyard Control Act have any civil or criminal enforcement rights?
The Act does not expressly give a private right of action to individual citizens, though this question has not been addressed by the courts. However, the Act does not preempt the authority of local municipal and county governments to enact their own restrictions or bans on junkyards. County of Hoke v. Byrd and Byrd, 107 N.C. App. 658, 421 S.E.2d 800 (1992) specifically held that at least as to local regulation of junkyards in proximity to federal-aid secondary roads, there was no preemption by the Act. Additionally, it has been held that the Outdoor Advertising Control Act (N.C. Gen. Stat. § 136-126 et seq.), upon which the Junkyard Control Act is modeled, does not preempt local regulation of outdoor advertising. R.O. Givens, Inc. v. Nags Head, 58 N.C. App. 697, 294 S.E.2d 388 (1982).
We trust that this Advisory Opinion will be of assistance to Ashe County.
Sincerely,
Reginald L. Watkins
Senior Deputy Attorney General
Robert O. Crawford, III
Special Deputy Attorney General
Gaines M. Weaver
Assistant Attorney General
Enclosure