Railroads must clear obstructive vegetation near public crossings

Railroad companies must remove obstructive vegetation near public railroad-highway crossings. The rule covers vegetation within 250 feet in each direction of a public crossing, including specified areas near the tracks and roadway. Railroads do not have to enter private property or remove vegetation located on private property. The listed vegetation includes growth more than 30 inches and less than 20 feet above the crossing, subject to the stated distance limits. Railroad companies must be in compliance by January 1, 2029.

A railroad company may ask the Transportation Cabinet to waive or modify the vegetation requirements. The process applies when terrain, track or road design, trains, structures, or other nearby conditions make compliance impossible, impractical, or unnecessary. The railroad must give written notice describing the proposed waiver or changes. The proposal takes effect and satisfies the vegetation requirements unless the Transportation Cabinet denies or changes it within 60 days. The 60-day review period begins when the Transportation Cabinet receives the written notice.

The Transportation Cabinet or a local government may order removal and recover reasonable costs if a railroad does not clear the vegetation. The process applies to a railroad that fails to comply after receiving written notice to remove the vegetation within 30 days. Government officials must coordinate access with the railroad and follow its safety procedures. Officials must send the amount owed by certified mail. If the railroad does not pay within 30 days, officials may take legal action to collect the debt. The railroad gets 30 days after receiving the first written notice to remove the vegetation, and another 30 days after receiving the certified cost notice to pay.