New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 4 - UTILITY RIGHTS OF WAY AND EASEMENTS › Part 2 - REQUIREMENTS FOR OCCUPANCY OF STATE HIGHWAY SYSTEM RIGHT-OF-WAY BY UTILITY FACILITIES › Section 17.4.2.28 - RAILROAD COST AND MAINTENANCE RESPONSIBILITY ON HIGHWAY/RAILWAY PROJECTS

Current through Register Vol. 35, No. 13, July 16, 2024
During the development or maintenance of some highway
				  projects, it shall be necessary to coordinate with and secure approval from
				  railroad companies to resolve conflicts between highway construction features
				  or maintenance activities and railroad property and/or facilities. This Section
				  sets forth railroad eligibility for reimbursement by the Department for costs
				  incurred in resolving such conflicts where construction of a highway project
				  necessitates the use of railroad property or affects railroad facilities. There
				  shall be a written agreement between the State and the railroad company, and
				  such agreements shall meet the requirements of the Federal Aid Policy Guide,
				  Part 646.
A.
Preliminary
				negotiation
:
Preliminary negotiation should be
				initiated by the Department with the railroad at the location stage, if
				possible. Upon approval of the location, the railroad shall be provided with
				information showing a tie to the railroad center line, railroad mile post or
				bridge. A proposed highway typical Section shall be supplied, along with a
				request that the railroad's horizontal and vertical clearances, maintenance
				road, drainage and other requirements be forwarded to the Department as soon as
				possible. This information shall then be forwarded to the appropriate
				Engineering/Design Division Unit, preferably before design of the highway
				project begins. As soon as preliminary plans showing the railroad requirements
				are available, they shall be sent to the railroad, along with a letter
				requesting a field meeting with railroad officials. The negotiations and
				understandings reached at such meeting shall be documented and reviewed prior
				to beginning negotiations for a State/Railroad Agreement.
B.
Right-of-way
:
Acquisition of right-of-way,
				other than railroad operating right-of-way, required for highway construction
				shall be handled as any other acquisition by the Department's Right-of-Way
				Bureau. When railroad operating right-of-way is required for highway
				construction purposes, including, but not limited to soil exploration, a right
				of entry shall be secured by the Department prior to entering railroad
				property. Such right of entry may be in letter or agreement form and shall be
				fully executed by the State and railroad. Where soil exploration within
				railroad property is necessary, it is preferable that Department crews perform
				such exploration, because of strict insurance and agreement provisions. Because
				the State is self-insured, it is less cumbersome and time consuming to have
				State forces perform exploration activities within railroad property.
C.
Negotiations for
				agreements/authorizations:
Negotiations for a final agreement can be
				started after the following plans are available for review by the railroad
				company:
(1) the layout structure over or
				under the tracks if a grade separation is involved, showing a tie to the
				railroad centerline, minimum clearances, both horizontal and vertical, and
				provisions for extra tracks, and off track maintenance equipment, if such
				provisions are required;
(2)
				right-of-way plans showing the crossing area or easements required from the
				railroad company, together with a description thereof; and
(3) highway plans showing grade, drainage and
				other features that may affect the railroad. The plans shall be developed to a
				stage where changes by the Department will not require re-engineering by the
				railroad. If authorization has been received from the FHWA for preliminary
				engineering, the plans that are applicable shall be sent to the railroad
				company in quadruplicate, with an explanation of any items that may be obscure
				to the railroad company. The transmittal letter to the railroad shall include
				information regarding the letting date for the project, a request for review of
				the plans transmitted, and comments or approval, and a request for the railroad
				to prepare their force account estimate. This submittal is the authorization
				from the Department to the railroad to proceed with their engineering and
				design.