HF 4051
Introduction - 94th Legislature (2025 - 2026)
Posted on 03/18/2026 11:49 a.m.
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A bill for an act
relating to utilities; regulating utility crossings and paralleling of railroad
rights-of-way; amending Minnesota Statutes 2024, section 237.045, subdivisions
1, 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 237.045, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) For deleted text begin thedeleted text end purposes of this section, the following terms have
the meanings given deleted text begin themdeleted text end .
(b) "Crossing" means a utility facility constructed over, under, or across a railroad
right-of-way. The term does not include longitudinal occupancy of railroad right-of-way.
(c) "Facility" or "utility facility" means any item of personal property placed over, across,
or underground for use in connection with the storage or conveyance of:
(1) water;
(2) sewage;
(3) electronic, telephone, or telegraphic communications;
(4) fiber optics;
(5) cable television;
(6) electric energy;
(7) oil;
(8) natural gas; or
(9) hazardous liquids.
Facility includesdeleted text begin ,deleted text end but is not limited todeleted text begin ,deleted text end pipes, sewers, conduits, cables, valves, lines, wires,
manholes, and attachments.
(d) "Parallel" or "paralleling" means a utility facility that runs adjacent to and alongside
the lines of a railroad for no more than one mile, or another distance agreed to by the parties,
after which the utility facility crosses the railroad lines, terminates, or exits the railroad
right-of-way.
new text begin
(e) "Public right-of-way" has the meaning given in section 237.162, subdivision 3.
new text end
deleted text begin (e)deleted text end new text begin (f)new text end "Railroad" means any association, corporation, or other entity engaged in operating
a common carrier by rail, or its agents or assigns, including any entity responsible for the
management of crossings or collection of crossing fees.
deleted text begin (f)deleted text end new text begin (g)new text end "Utility" meansnew text begin anew text end cooperative electric association, electric utility, public utility,
transmission company, gas utility, municipal utility, municipal power agency, municipality,
joint action agency, pipeline company, rural water system, or telephone, telegraph,
telecommunications, cable, or fiber optic carrier. Utility includes contractors or agents.
Sec. 2.
Minnesota Statutes 2024, section 237.045, subdivision 3, is amended to read:
Subd. 3.
Right-of-way crossing; application for permission.
(a) Any utility that intends
to place a facility across or upon a railroad right-of-way shall request prior permission from
the railroad.
(b) The request must be in the form of a completed crossing application, including an
engineering design showing the location of the proposed crossing and the railroad's property,
tracks, and wires that the utility will cross. The engineering design must conform with
guidelines published in the most recent edition of the (1) National Electric Safety Code, or
(2) Manual for Railway Engineering of the American Railway Engineering and
Maintenance-of-Way Association. The utility must submit the crossing application on a
form provided or approved by the railroad, if available.
(c) The application must be accompanied by the standard crossing fee specified in
subdivision 6 and evidence of insurance as required in subdivision 7. The utility must send
the application to the railroad by certified mail, with return receipt requested.
(d) Within 15 calendar days of receipt of an application that is not complete, the railroad
must inform the applicant regarding any additional necessary information and submittals.
new text begin
(e) The information required under paragraph (d) must be kept current. A railroad must
update the railroad's website regarding any change made to contact information, application
procedures, or application submission addresses within 30 days of the date the change
occurs.
new text end
new text begin
(f) Within 15 calendar days of the date an incomplete application is received, the railroad
must inform the applicant regarding any additional necessary information and submittals.
new text end
new text begin
(g) A railroad may require flagging services for utility crossings only when the flagging
service is demonstrably necessary to ensure the safety of railroad operations during
construction or maintenance activities. The railroad must provide written justification for
the flagging requirement, including identifying the specific safety risks and operational
concerns. A flagging fee must be reasonable, must reflect the actual expenses paid to flagging
employees, and may not be used to delay or obstruct utility access.
new text end