75-10-516. Motor vehicle wrecking facilities and motor vehicle graveyards -- licensing process -- decision criteria. (1) When an application for a motor vehicle wrecking facility or motor vehicle graveyard is filed with the department, the department shall notify by mail:
     (a) each owner of property adjoining the proposed facility;
     (b) the governing body of the county in which the proposed facility is to be located; and
     (c) a newspaper of general circulation in the area where the proposed facility is to be located.
     (2) Within 30 days of receipt of the notification in subsection (1)(b), the governing body of the county may:
     (a) conduct a public hearing to determine whether the proposed facility will significantly affect the quality of life of adjoining landowners and the surrounding community; and
     (b) adopt a resolution in support of or opposition to the location of the proposed facility and transmit a copy of the resolution to the department.
     (3) The department may not grant a license to a facility that a governing body has opposed under subsection (2)(b).
     (4) In making its decision to grant or deny a license application, the department shall consider the effect of the proposed facility on adjoining landowners and land uses.

     History: En. Sec. 1, Ch. 607, L. 1991.