(a) Grade crossings. The department, in the expansion,
construction, reconstruction, and maintenance of the state highway
system, finds it necessary from time to time to cross the tracks of
a railroad at grade or to improve existing highway-railroad grade
crossings. This section applies to those grade crossings.
(b) Responsibilities. The railroad companies shall
furnish to the department, free of cost, the necessary right of way,
easement, or license for such a grade crossing. In recognition of
those rights, the department will pay from available revenues the
cost of construction and reconstruction of a highway or farm-to-market
road at grade crossings with an existing railroad. The railroad company
shall maintain the grade crossing surface over the tracks of the railroad
from one end of the railroad ties to the other end. On a new farm-to-market
road project, a county is responsible for the clearing of the right
of way, including utility line adjustments and cattle guard adjustments,
for the segment of the road located in the county.
(c) Crossing pavement on existing crossings. On existing
highway-railroad grade crossings, the department will pay, from available
funds, for renewing the crossing approaches and crossing surface to
provide a satisfactory riding surface for highway traffic. Asphalt
or asphaltic concrete crossings are generally not acceptable. Full-depth
concrete panels extending to the ends of railroad ties for the full
crown width of the highway are the standard. Full-depth timber pavement
or other more durable materials will be used if the railroad company
and the department agree to their use.
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