Nebraska Statutes 39-2603. Location
(1) Except as provided in subsection (2) of this section, no person shall locate or maintain a junkyard, any portion of which is within one thousand feet of the nearest edge of the right-of-way of any roadway of the Highway Beautification Control System, without obtaining a permit from the department.
Terms Used In Nebraska Statutes 39-2603
- Highway: means the entire width between the boundary limits of any street, road, avenue, boulevard, or way which is publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. See Nebraska Statutes 39-101
- Person shall: include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- Right-of-way: means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed, and proximity as to give rise to danger of collision unless one grants precedence to the other. See Nebraska Statutes 39-101
- Roadway: means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. See Nebraska Statutes 39-101
(2) Junkyards located in counties which have formally adopted a comprehensive development plan and a zoning resolution regulating the location of junkyards within one thousand feet of the nearest edge of the right-of-way of any roadway of the Highway Beautification Control System, except those routes which consist of the federally designated National System of Interstate and Defense Highways, shall be exempt from the permit requirements of sections 39-2601 to 39-2612.