SF 1574

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to railroads; establishing zoning system for 
  1.3             railroad tracks; proposing coding for new law in 
  1.4             Minnesota Statutes, chapter 219. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [219.99] [RAILROAD TRACK ZONING.] 
  1.7      Subdivision 1.  [ZONING DESIGNATIONS.] All railroad tracks 
  1.8   may be classified by one of the following zoning designations: 
  1.9      (1) zone 1, main track:  consisting of track, other than 
  1.10  auxiliary track, extending through railroad yards or between 
  1.11  stations and on which trains are operated according to 
  1.12  timetable, train order, or both, or the use of which is governed 
  1.13  by a signal system; 
  1.14     (2) zone 2, industrial track:  consisting of a switching 
  1.15  track serving industries such as mines, mills, smelters, 
  1.16  factories, and warehouses; or 
  1.17     (3) zone 3, yard track:  consisting of a system of tracks 
  1.18  within defined limits used for consolidating, making up, 
  1.19  dividing, or breaking up trains; for storing train cars; and for 
  1.20  other related purposes, over which movements are not authorized 
  1.21  by timetable or by train order, but may be subject to prescribed 
  1.22  signals, rules, or other special instructions.  Sidings used 
  1.23  exclusively as passing track and main line track within yard 
  1.24  limits are not included as yard track.  
  1.25     Subd. 2.  [TRACK RELATIONSHIPS.] Tracks with zone 1 
  2.1   designation may be used for activities incidental to servicing 
  2.2   zone 2 track.  The operations associated with zone 3 trackage is 
  2.3   contained within the area of trackage with zone 3 designation. 
  2.4      Subd. 3.  [INITIAL PROPOSED DESIGNATION.] Following 
  2.5   consultation with the railroad industry, local governments, and 
  2.6   other interested parties, the commissioner of transportation 
  2.7   shall classify railroad trackage in Minnesota as one of the 
  2.8   zoning designations prescribed in subdivision 1.  The 
  2.9   commissioner may hold hearings and take testimony anywhere in 
  2.10  the state.  The commissioner shall notify each affected 
  2.11  statutory and home rule charter city and town of the proposed 
  2.12  designations for trackage within that city or town. 
  2.13     Subd. 4.  [LOCAL GOVERNMENT APPROVAL.] The commissioner's 
  2.14  proposed zoning designations must be approved for each trackage 
  2.15  site by the city or town in which the trackage is located.  If 
  2.16  the city or town disapproves the commissioner's proposed 
  2.17  designation, it may appeal to the transportation regulation 
  2.18  board to change the zoning designation. 
  2.19     Subd. 5.  [BOARD DETERMINATION; LOCAL GOVERNMENT APPROVAL.] 
  2.20  The board shall hear all disputes brought by a city or town or 
  2.21  railroad company.  Any decision by the board must be approved by 
  2.22  the affected city or town.