N.Y. RRD Law § 89 — New York Code / Act RRD / Article 3 / Section 89
New railroads across streets
Status: in_force

§ 89. New railroads across streets. All steam surface railroads built\nafter the first day of July, eighteen hundred and ninety-seven, except\nadditional switches and sidings, must be so constructed as to avoid all\npublic crossings at grade, whenever practicable so to do. Whenever\napplication is made to the commissioner of transportation under section\nnine of this chapter there shall be filed with the commissioner of\ntransportation a map showing the streets, avenues, highways and roads\nproposed to be crossed by the new construction, and the commissioner of\ntransportation shall determine whether such crossings shall be under or\nover the proposed railroad, except where the commissioner of\ntransportation shall determine such method of crossing to be\nimpracticable. Whenever an application is made under this section to\ndetermine the manner of crossing, the commissioner of transportation\nshall designate a time and place when and where a hearing will be given\nto such railroad company, and shall notify the municipal corporation\nhaving jurisdiction over the streets, avenues, highways or roads\nproposed to be crossed by the new railroad, persons owning land in the\nvicinity of the proposed crossing and such other parties deemed by the\ncommissioner of transportation to be interested in the proceeding. The\ncommissioner of transportation shall give public notice of such hearing.\nUpon such notice and after a hearing, the commissioner of transportation\nmay determine that alterations or changes may be made in any existing\nhighway at or in the vicinity of a proposed crossing for the purpose of\navoiding a crossing at grade.\n  If the commissioner of transportation shall determine that any such\nrailroad shall be carried across a street, avenue, highway or road below\nthe grade thereof, said commissioner of transportation shall determine\nthe height, the length, and the material of the bridge or structure by\nmeans of which such street, avenue, highway or road shall be carried\nover such railroad, and the length, character, and grades of the\napproaches thereto. If the commissioner of transportation shall\ndetermine that such railroad shall be constructed above the grade of\nsuch street, avenue, highway or road, said commissioner of\ntransportation shall determine the manner and method in which such\nrailroad shall be constructed over such street, avenue, highway or road,\nand the length, character and grades of the undercrossing approaches. If\nthe commissioner of transportation shall determine that it is\nimpracticable to construct such railroad below or above the grade of\nsuch street, avenue, highway or road, said commissioner shall determine\nthe manner and method in which the same shall be constructed across such\nstreet, avenue, highway or road at grade, and what safeguards shall be\nmaintained.\n  The decision of the commissioner of transportation rendered in any\nproceedings under this section shall be communicated, after final\nhearing, to the railroad company, the municipal corporation and all\nother parties who appeared at said hearing by counsel or in person.\n