North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter B - HIGHWAY PLANNING › Section .0100 - RIGHT OF WAY › Section 02B .0150 - RAILROAD RIGHT OF WAY DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The following definitions apply to Rules .0150 through
					 .0158 of this Subchapter.
(1)
				  "At-grade crossing" means an intersection where roadways and railroads join or
				  cross at the same level.
(2)
				  "Closed crossing" means a location where a previous crossing no longer exists
				  because either the railroad tracks have been removed, or each pathway or
				  roadway approach to the crossing has been removed, leaving behind no
				  intersection of railroad tracks with either a pathway or roadway. A
				  grade-separated highway-rail crossing that has been removed shall be considered
				  a closed crossing.
(3) "Crossing
				  Agreement" means a written agreement between the Department and a railroad
				  through which the railroad permits the Department to build a road across the
				  railroad's tracks.
(4) "Facilities"
				  means real or personal property, or any interest in that property, that is
				  situated for the provision of a freight or passenger rail fixed guideway
				  facility or system. The term includes all property or interests necessary or
				  convenient for the acquiring, providing, using, or equipping of a rail fixed
				  guideway facility or system, including rights-of-way, trackwork, train
				  controls, stations, and maintenance facilities.
(5) "Flange guard" means a protective edge,
				  rib, or rim made of rubber, steel, timber, or any other composite material on
				  any object such as the base of a rail, on the top and bottom horizontal parts
				  of a beam, or girder.
(6) "Grade"
				  means the rate of ascent or descent of a roadway, expressed as a percentage and
				  calculated by the change in roadway elevation per unit of horizontal
				  length.
(7) "Grade point" means the
				  point where the new construction of a facility ties into and terminates at the
				  existing facility.
(8) "Grade
				  separation" means a crossing of a highway and a railroad at different levels
				  that allows unimpeded traffic movement.
(9) "Railroad" means an entity that owns or
				  maintains the track through the at-grade crossing, or an entity that operates
				  one or more trains through an at-grade crossing or grade separated crossing on
				  or connected to the general railroad system of
				  transportation
.
(10)
				  "Separated" means the travelways of two transportation facilities, such as two
				  highways or a highway and a railroad, that are disconnected by means of a
				  bridge so that traffic on one shall not conflict with traffic on the
				  other.
(11) "Separation structure"
				  means the bridge structure that separates the travelways of the two
				  transportation facilities.
(12)
				  "Track" means an assembly of rails, ties, and fastenings that cars,
				  locomotives, and trains traverse.
(13) "Traffic control device" means a sign,
				  signal, marking, or other device placed on or adjacent to a street or highway
				  by authority of a public body or official having jurisdiction to regulate,
				  warn, or guide traffic.
Authority
					 G.S.
					 136-18(5);
					 136-18(11);
					 136-20;
					 150B-2(8a)(h);
Eff. July 1, 1978;
Amended Eff. December 1, 2012;
Readopted Eff. June 1, 2019.