Minnesota Department of Transportation

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Project development

Engineering process | Planning | Railroads

Railroads process

Purpose

Railroad coordination and railroad project feedback need to begin as soon as possible in the project scoping and concept design phase. Project design details and vetting of the railroad property and operational impacts need to be viewed as critical and given priority to prevent complications of unacceptable designs related to railroad approval or constructability. Coordination with railroads regarding their facilities on our trunk highway projects ensures public safety, prudent use of funding, and efficient project constructability. It is also essential for maintaining the project schedule and properly allocating funding.

Threshold criteria

There are several situations where you will need to contact the Office of Freight and Commercial Vehicle Operations (OFCVO) Rail Safety and Coordination Section:

  • Any construction activity within Railroad Company Right of Way or road easement across railroad tracks is expected
  • Equipment (such as a crane of lift) may be used that could fall onto Railroad Company Right of Way
  • The project has a traffic signal within 500 feet of a signalized railroad crossing
  • The project limits are within approximately 600 feet of any railroad tracks
  • The project has a detour that directs traffic across a railroad grade crossing

In any of these cases, the project may need:

  • A railroad Construction and Maintenance Agreement
  • A safety evaluation
  • Additional safety mitigations as part of the project
  • An estimate of project railroad costs

Railroad issues can greatly affect many aspects of a highway project scope and design. Some examples are pre-engineering activities related to railroad property access, railroad property use, project drainage, bridge design elements and pier locations, roadway geometrics, and horizontal and vertical track clearances. 

Railroad right of way is often contaminated, so soil contamination is often an issue if the state is acquiring construction easements, soil borings, or doing excavation work on railroad right of way. 

View any permanent property needs for the project as a permanent easement rather than a full property taking. 

If a project with federal funding is subject to Technical Memorandum No. 18-12-F-01; At-Grade Railroad Crossing Review, dated December 11, 2018, the OFCVO Rail Safety and Coordination Section leads a diagnostic team to conduct the technical review.

Relationship to the process

Planning phase

If there is a railroad near the project, contact the OFCVO Rail Safety and Coordination Section for an early estimate of project railroad costs, railroad coordination needs, and project feasibility. This early coordination is important to identify funding for the railroad elements entering the project into the STIP.

Alternatives evaluation phase (pre-design)

Contact the OFCVO Rail Safety and Coordination Section if there are any railroad design concerns. Railroad constructability, impacts, or costs can be a significant factor in the selection of the preferred alternative.

Scoping/pre-design/final design phases

If a project has railroad implications (see the list in the Threshold Criteria section), contact the OFCVO Rail Safety and Coordination Section at the start of the scoping, predesign, and final design phases, and if any significant changes occur. (Early identification of railroad property use and access is critically important.)

Traffic signal adjacent to railroad signal

If there is a traffic signal within 200 feet of a signalized railroad crossing, the traffic signal must be interconnected with the railroad signal. If there is a traffic signal more than 200 feet but less than 500 feet from a signalized railroad crossing, the OFCVO Rail Safety and Coordination Section will lead a diagnostic team to conduct a technical review. Railroad signals are generally owned by MnDOT and costs will be the responsibility of the project.

Access management projects

If there is a railroad nearby, contact the OFCVO Rail Safety and Coordination Section. Projects that include access management may also be an opportunity to reduce railroad crossings (as State Law promulgates). Conversely, access management projects can have the negative effect of creating a new railroad crossing (e.g., to accommodate a property-access need).

Activities on railroad property

Although construction activity on or near railroad property usually requires a railroad agreement, any activity on railroad property requires at least a Railroad Permit (or an easement) from the affected railroad company and the process of getting this approval can be time consuming. Contact the OFCVO Rail Safety and Coordination Section to obtain direction on what documents and steps will be required to gain access and permission to occupy, cross, or work on railroad property.

If the activity is permanent, MnDOT will obtain an easement through standard acquisition process.

Railroad construction and maintenance agreements

Many projects involve railroad agreements. The OFCVO Rail Safety and Coordination Section negotiates and administers the agreements. Project components that require an agreement are:

  • Flagging
    • Any construction activity on railroad property or equipment used such that it could fall onto railroad property may require a railroad company flagger
  • Contractor’s crossings
    • Any instance where a MnDOT contractor needs to cross railroad tracks to construct the highway
  • Bridge construction
    • The railroad company that owns the tracks over or under a bridge is involved in the bridge design and approval process
  • Surface agreements
    • Permanent public crossings that a railroad company builds over railroad tracks
  • Railroad signal, warning device, and signal interconnect installation and modification

Railroad permits

Any activity on railroad property requires a permit (or construction and maintenance agreement) from the affected railroad company. A permit may be a stand-alone permit or part of a railroad construction and maintenance agreement. If any activity on railroad property is needed:

  • The District, in consultation with the OFCVO identifies the permit needs
  • District staff should obtain the permit (negotiate the permit's terms/conditions)

Request permits early, since obtaining a permit can take significant time.

Railroad land acquisition

While permanent railroad property taking is not typically feasible, permanent easement use (or overhead air rights) is acquired and recorded by the Land Management Office—see Section 5-491.125 of the Right of Way Manual.

Roles and responsibilities

District

The District project manager notifies the appropriate project manager in OFCVO Rail Safety and Coordination Section if a highway project has potential for railroad impacts (i.e., if the project is near a railroad). Early coordination with the OFCVO Rail Safety and Coordination Section is very important; processing railroad agreements typically takes a minimum of three months and complex agreements can take much longer. Bridge projects on railroad property may take over a year from concept plans to agreement execution.

It is extremely important to identify and begin any railroad property negotiations that may be required as soon as possible. Railroad property negotiations are time consuming and complex, district land management staff will lead these negotiations.

For railroad work on trunk highway projects, the district obtains the funding that goes into the STIP for railroad costs. If a project's railroad costs are over $500,000, the district can use either federal or state funds, but if the railroad costs are under $500,000, they should use state funds.

OFCVO Rail Safety and Coordination Section

The railroad project manager in the OFCVO Rail Safety and Coordination Section determines if there will be railroad impacts, and if there are, does the following:

  • Conducts a safety evaluation (a diagnostic review of any railroad crossings within the vicinity of the project)
  • Completes a preliminary cost estimate of project railroad costs
  • Negotiates and completes the railroad agreement
  • Continues to act as liaison between the railroad company and MnDOT's project team (including the processing of railroad invoices)

Railroad company

When there is any railroad impact the railroad company will require an opportunity to review and comment on MnDOT's highway and bridge plans.  Railroad companies hold the rights to approve or limit any work that is proposed to be undertaken on railroad property. Individual railroad companies will often have design guidelines and policies that will be required to be followed. The OFCVO Rail staff will be able to provide information and references as may be required. 

External partners

Federal Railroad Administration (FRA)

The FRA regulates railroads, administers railroad programs, and promulgates and enforces rail safety regulations. They have regulatory authority over railroad operations, infrastructure, and inspection.

Federal Highway Administration (FHWA)

The FHWA has regulatory authority over any federally funded highway-railroad crossings, regardless of whether the crossing is at grade or grade separated. They also administer funding for grade crossing safety programs.

Operation Lifesaver

Operation Lifesaver is a nationwide, non-profit public information program dedicated to reducing collisions, injuries, and fatalities at highway-rail crossings and on railroad right of way.

American Railway Engineering and Maintenance of Way Association (AREMA)

AREMA’s mission is to develop and advance both technical and practical knowledge and recommended practices pertaining to the design, construction, and maintenance of railway infrastructure.

Additional guidance

Minnesota Rules, part 8830; Minnesota Statutes, section 219, and 23 CFR §646 all contain language that applies to railroad.  Minnesota Statutes, section 219.073 encourages and directs MnDOT to eliminate at-grade railroad crossings when feasible.
You can also see the Minnesota Manual on Uniform Traffic Control Devices (MNMUTCD) Chapters 3, 8, and 9 for provisions addressing railroad issues.

Glossary

American Railway Engineering and Maintenance of Way Association (AREMA): Agency that recommends practices pertaining to the design, construction, and maintenance of railway infrastructure

Crossing warning system: Warning devices installed at highway-railroad grade crossings that can be either passive or active systems.

Passive warning systems: Warning systems that include advance warning signs and any combination of crossbucks, stop, and yield signs at the crossing.

Active warning systems: Warning systems that include any combination of advance warning signs in conjunction with any combination of flashing light signals (with or without gates) that are activated by a train approaching the crossing.

Flagging/flaggers: railroad flagging is a manual flagging operation (conducted by a designated railroad employee in radio contact with rail operations) to ensure safety between trains and MnDOT construction activities.

Railroad construction and maintenance agreement: Contract agreement between MnDOT and a railroad company governing actions required and payments to be made relative to a MnDOT highway project.

Railroad company: One of 26 railroad companies operating in Minnesota: There are four large (Class I), five medium (Class II), and 17 smaller (Class III) companies.

Railroad permit: A permit obtained from a railroad company granting permission to enter railroad property.

Railroad relocation: A permanent move of the alignment of railroad tracks.

Safety evaluation/diagnostic review: An on-site evaluation of the crossing geometrics, train and vehicular traffic and speed, sight distance, and other factors to determine the appropriate crossing warning system for the location. The evaluation is performed by a diagnostic team, headed by OFCVO Rail staff, and includes representatives from the railroad and the local road authority.

Shoo-fly: A temporary rail line bypass to facilitate railway or roadway construction.