(1) An industrial area is an area which -

(a) Is lawfully zoned "industrial", "heavy manufacturing" or a similar designation. Designation as "commercial", "business", "light manufacturing", or other similar designation is not industrial within the meaning of these regulations. (Designation on a comprehensive plan or other planning document does not constitute lawful zoning within the meaning of these regulations.)

(b) OR, is an unzoned industrial area as the term is defined in the "Junkyard Contract" entered into between the Montana Department of Highways and the Federal Highway Administration on August 15, 1969, to-wit: An unzoned industrial area shall mean the land occupied and the regularly used building, parking, lot, storage and processing area of an industrial activity, and that land within 1,000 feet thereof which is

(i) Located on the same side of the highway as the principal part of said activity, and

(ii) Not predominantly used for residential or commercial purposes, and

(iii) Not zoned by State or local law, regulation or ordinance. permitted only in industrial zones, or in less restrictive zones by the nearest zoning authority within the State, or prohibited by said authority and generally recognized as industrial by other zoning authorities within the State, except that none of the following shall be considered industrial activities:

(a) Outdoor advertising structures.

(b) Agricultural, forestry, ranching, grazing, farming and related activities, including, but not limited to, wayside fresh produce stands.

(c) Activities normally and regularly in operation less than three months of the year.

(2) Industrial Activities, for the purpose of the definition in subsection (1) (b) of this rule, shall mean those permitted only in industrial zones, or in less restrictive zones by the nearest zoning authority within the State, or prohibited by said authority and generally recognized as industrial by other zoning authorities within the State, except that none of the following shall be considered industrial activities:

(a) Outdoor advertising structures.

(b) Agricultural, forestry, ranching, grazing, farming and related activities, including, but not limited to, wayside fresh produce stands.

(c) Activities normally and regularly in operation less than three months of the year.

(d) Transient or temporary activities.

(e) Activities not visible from the traffic lanes of the highway.

(f) Activities more than 300 feet from the nearest edge of the main-traveled way.

(g) Activities conducted in a building principally used as a residence.

(h) Railroad tracks, minor sidings, and passenger depots.

(i) Junkyards, as defined in Section 136, Title 23, United States Code, and Section 75-15-203(4) , MCA.