| (a) Grade crossing by rail line. Grade crossing of
any highway or road by a railroad track is discouraged.
(b) Requirements for major routes. The department will
allow a track crossing on an interstate highway or other major route
only with initial separation of grades. The person requesting the
crossing shall pay the total cost of constructing and maintaining
such a grade separation.
(c) Requirements for other roadways. The department
may allow a track grade crossing on a roadway, other than a roadway
to which subsection (b) of this section applies, including a frontage
road if technically feasible, if the department determines that the
anticipated volumes of train and vehicular traffic and other pertinent
factors indicate that the crossing will not be unduly hazardous to
the traveling public. If a grade crossing is allowed, the person requesting
the crossing shall pay all initial costs of crossing pavement, highway
adjustment, and crossing warning protection, including active warning
devices that the department considers appropriate for the crossing,
to assure that the design and function meets applicable safety requirements.
Additionally, the department may specify conditions, such as changes
in conditions or volumes of vehicular or train traffic, that will
require future separation of grades, at no expense to the state.
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