SECTION 7.37. Visual Obstructions at Public Grade Crossings

(a) Definitions. The following words or terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Active warning device--A bell, flashing light, gate, wigwag, or other automatically activated warning device that provides an active warning to a motorist of the approach of a train to the crossing.

(2) Passive public grade crossing--A crossing or intersection of railroad track by a publicly maintained road or highway at which the traffic control devices consist entirely of signs or pavement markings and there are no active warning devices.

(3) Vegetation--Grass, bushes, shrubbery, and trees having a trunk diameter of six inches or less.

(b) Standing equipment. No railroad shall cause or allow trains, railway cars, or equipment to stand less than 250 feet from the centerline of any passive public grade crossing unless a closer distance cannot be avoided.

(c) Vegetation. A railroad shall control vegetation on its right-of-way (except for the roadbed and areas immediately adjacent to the roadbed) for a distance of 250 feet each way from the centerline of a passive public grade crossing, so that vegetation does not block the vehicular highway traffic's view of approaching trains. The 250 feet shall be measured from the point where the centerline of the railroad crosses the centerline of the public road. Where the right-of-way is fenced, this subsection shall be deemed complied with if vegetation is controlled up to two feet from the fence.

(d) Permanent structures. A railroad shall keep its right-of-way clear of unnecessary permanent obstructions, such as billboards and signs that are not authorized by the railroad and that are not required for the safe operation of the railroad, for a distance of 250 feet each way from a passive public grade crossing so that the obstructions do not block the vehicular highway traffic's view of approaching trains. Billboards and signs that are legally permitted by the state or a political subdivision are not unnecessary permanent obstructions, so long as they do not block the vehicular highway traffic's view of approaching trains. Permanent buildings, such as warehouses and equipment facilities, which existed prior to June 26, 1986, are exempt from the requirements of this subsection. The 250 feet shall be measured from the point where the centerline of the railroad crosses the centerline of the public road.

(e) Variance. A railroad may apply for a variance from the requirements of subsections (c) and (d) of this section on a form to be prescribed by the department. The department shall process the application in accordance with §7.42 of this subchapter (relating to Administrative Review). The department may approve an application, provided there remains a clear line-of-site adequate to provide for the safe passage of vehicles. The department may require appropriate measures such as posting warning signs and giving notice to railroads that use the facility.

Source Note: The provisions of this §7.37 adopted to be effective January 5, 2006, 30 TexReg 8993; amended to be effective April 1, 2011, 36 TexReg 1690