New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 14 - RAILROADS › Part 4 - GRADE CROSSINGS ON LAND AND RAILROAD TRACKS CONTROLLED BY THE DEPARTMENT OF TRANSPORTATION › Section 18.14.4.9 - CROSSING REQUEST PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Crossing request general requirements.
(1)
				Requests for a new crossing, modification to an existing crossing, a change in
				designation from a private crossing to a public crossing, the closing of a
				crossing or the grade separation of a crossing shall be made by any adjacent
				property owner, the property owner's authorized representative or a local
				government representative that maintains the road approaches to a
				crossing.
(2) All requests for a
				new crossing, modification to an existing crossing, a change in designation
				from a private crossing to a public crossing, the closing of a crossing or the
				grade separation of a crossing shall be submitted in writing to the rail
				manager with proof of ownership of the adjacent property that the crossing will
				serve. The request shall also contain a description of the crossing that
				includes a to-scale engineering drawing of the location where the crossing will
				be constructed or modified at the railroad tracks and the approach roads to the
				crossing and any other features in the area and will acknowledge that the
				requestor accepts all liability for the crossing and will pay all maintenance
				costs for the crossing.
(3) Any
				request by an applicant for a new crossing, modification to and existing
				crossing, a change in designation from a private crossing to a public crossing,
				the closing of a crossing or the grade separation of a crossing may be refused
				by the department if necessary and relevant information is missing. If the
				request is refused, the department shall notify the applicant within ten (10)
				working days of receipt of the request and shall indicate the reason or reasons
				for refusal.
(4) Each applicant
				understands and agrees as a condition of issuance of any agreement, that if the
				department determines that any violation of the agreement has or may result in
				the creation of any safety or traffic hazard, the department may immediately
				take such action as the department deems necessary to correct, prevent,
				eliminate or mitigate such hazard, without the need for the completion of any
				review process.
(5) The review
				process shall begin with the acceptance of a request by the department rail
				manager.
(6) From the date of
				acceptance of a written request for modifications to an existing crossing or
				construction of a new crossing or the grade separation or elimination of a
				crossing by the rail manager the process time for any request will normally
				take ninety (90) days. The process may be extended by the department when
				further action is required by the department. Transmittal of a completed
				agreement, approved by the department secretary or transmittal of a denied
				request constitutes action on the request.
(7) Upon receipt and review of a written
				request for a new crossing, modification to an existing crossing, a change in
				designation from a private crossing to a public crossing, the closing of a
				crossing or the grade separation of a crossing the rail manager shall form a
				diagnostic team who will then conduct a diagnostic study of the proposed
				action. A report of the diagnostic study will then be prepared and submitted to
				the secretary with a recommendation by the rail manager as to whether the
				request should be approved or denied.
(8) The secretary shall approve or deny any
				and all crossing requests or proposals regarding crossings on any department
				owned railroad property.
(9) If the
				secretary approves a request from an applicant, an agreement shall be prepared
				by the rail manager and transmitted to the applicant who will become the second
				party to the agreement. If the applicant does not agree to all terms and
				conditions of the agreement, the agreement shall not be executed.
(10) In accepting the agreement, the
				applicant agrees to all terms and conditions of the agreement. Should the
				applicant choose to appeal a denied request, or the terms and conditions of an
				agreement, the appeal shall be filed with the rail manager within sixty (60)
				days of the date the denial notice or the approved agreement is
				transmitted.
(11) The issue date of
				the agreement is the date the department secretary signs the
				agreement.
(12) The granting of an
				agreement for a crossing conveys no rights, title or interest in department
				property to the applicant. An agreement for a crossing does not entitle the
				applicant to control or have any rights or interests in any portion of the
				design, specifications or operation of the rail line, including those portions
				of the rail line built pursuant to the terms and conditions of the
				agreement.
(13) If the department
				denies a request, the department rail manager shall provide the applicant a
				copy of the written request marked "denied" along with any attachments and a
				written explanation for the decision.
(14) Denial of a request for modification to
				an existing lawful crossing does not constitute a revocation of the existing
				crossing.