Minnesota Administrative Rules

8830.2750 ABANDONED CROSSING.

Subpart 1.

Removing signs and markings.

Where railroad tracks have been abandoned, the related signs and pavement markings must be removed. Removal of the crossbuck sign and signs attached to it is the responsibility of the rail carrier. Removal of advance-warning signs and pavement markings is the responsibility of the road authority.

Subp. 2.

Active warning device and gate.

When tracks are not in service, in-place gate arms must be removed. In-place active warning device heads must be hooded, turned, or removed to clearly show that they are not in operation. These are the responsibilities of the rail carrier.

Subp. 3.

Use of "tracks out of service" sign.

When a railroad track has been abandoned, and a future need for the track has been identified by the owner of the track, a "tracks out of service" sign, numbered R8-9 and shown in part 8830.9941, subpart 4, must be installed in compliance with the MMUTCD. Use of the "tracks out of service" sign must be authorized by the commissioner. Any individual, public agency, or private entity may submit a request to the commissioner for installing a "tracks out of service" sign. The commissioner will authorize the use of the "tracks out of service" sign upon verification that the tracks are actually out of service. Upon authorization, the commissioner shall order a "tracks out of service" sign to be installed. Installation, maintenance, and costs of this sign are the responsibilities of the road authority.

Subp. 4.

Removing track.

When a track has been abandoned for 180 days or more and no future need for the track has been identified by the owner of the track, the owner of the track shall remove the track structure and related materials at the abandoned grade crossing when required to do so by the road authority. The owner of the track shall then restore the roadway to conform with the roadway sections approaching the abandoned grade crossing, unless otherwise mutually agreed to by the owner of the track and the road authority.

Statutory Authority:

MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63

History:

23 SR 524

Published Electronically:

October 2, 2007