NY RR L § 89 (2021)
2021 New York Laws RRD - Railroad Article 3 - Construction, Operation and Management 89 - New Railroads Across Streets.

§  89. New railroads across streets. All steam surface railroads built   after the first day of July, eighteen hundred and  ninety-seven,  except   additional  switches and sidings, must be so constructed as to avoid all   public crossings at grade,  whenever  practicable  so  to  do.  Whenever   application  is made to the commissioner of transportation under section   nine of this chapter there shall  be  filed  with  the  commissioner  of   transportation  a  map  showing the streets, avenues, highways and roads   proposed to be crossed by the new construction, and the commissioner  of   transportation  shall determine whether such crossings shall be under or   over  the  proposed  railroad,  except   where   the   commissioner   of   transportation   shall   determine   such   method  of  crossing  to  be   impracticable. Whenever an application is made  under  this  section  to   determine  the  manner  of  crossing, the commissioner of transportation   shall designate a time and place when and where a hearing will be  given   to  such  railroad  company,  and shall notify the municipal corporation   having  jurisdiction  over  the  streets,  avenues,  highways  or  roads   proposed  to  be crossed by the new railroad, persons owning land in the   vicinity of the proposed crossing and such other parties deemed  by  the   commissioner  of  transportation to be interested in the proceeding. The   commissioner of transportation shall give public notice of such hearing.   Upon such notice and after a hearing, the commissioner of transportation   may determine that alterations or changes may be made  in  any  existing   highway  at or in the vicinity of a proposed crossing for the purpose of   avoiding a crossing at grade.If the commissioner of transportation shall determine  that  any  such   railroad shall be carried across a street, avenue, highway or road below   the  grade  thereof, said commissioner of transportation shall determine   the height, the length, and the material of the bridge or  structure  by   means  of  which  such  street, avenue, highway or road shall be carried   over such railroad,  and  the  length,  character,  and  grades  of  the   approaches   thereto.   If  the  commissioner  of  transportation  shall   determine that such railroad shall be constructed  above  the  grade  of   such   street,   avenue,   highway   or   road,   said  commissioner  of   transportation shall determine the  manner  and  method  in  which  such   railroad shall be constructed over such street, avenue, highway or road,   and the length, character and grades of the undercrossing approaches. If   the   commissioner   of   transportation  shall  determine  that  it  is   impracticable to construct such railroad below or  above  the  grade  of   such  street, avenue, highway or road, said commissioner shall determine   the manner and method in which the same shall be constructed across such   street, avenue, highway or road at grade, and what safeguards  shall  be   maintained.The  decision  of  the  commissioner of transportation rendered in any   proceedings under  this  section  shall  be  communicated,  after  final   hearing,  to  the  railroad  company,  the municipal corporation and all   other parties who appeared at said hearing by counsel or in person.