Section 2: Rail-Highway Projects
Anchor: #i999899TxDOT Projects on Railroad Right of Way
With few exceptions, an agreement between TxDOT and the operating railroad company must be in place giving TxDOT permission to enter and perform work on railroad right of way. Any work performed by the railroad company in conjunction with the project is usually fully reimbursed by TxDOT unless the railroad company has crossed TxDOT right of way by crossing permit or the railroad company has agreed to cost participate on the project. Details of cost participation and reimbursement are provided in the project agreement between TxDOT and the railroad company.
RRD serves as the Office of Primary Responsibility for executing agreements with railroad companies on rail-highway projects.
Typically a separate Contractor Right of Entry Agreement is required between TxDOT’s contractor and the railroad company to allow the contractor to do work on behalf of TxDOT while on railroad right of way.
Anchor: #i999919Types of Work with Benefit to a Railroad Company
When designing projects that impact railroad rights of way, TxDOT must negotiate with the railroad company on project design, costs, construction schedule and various terms of the agreement. Designers should be aware of projects which typically provide benefit to railroad companies and projects which are generally discouraged by railroad companies.
Projects that usually provide benefit to railroad companies include:
- Closing an at-grade crossing.
- Grade separating (overpasses preferred) an existing at-grade crossing.
- Safety upgrades to at-grade crossings such as installation of flashing lights and gates or traffic signal preemption.
- Improving drainage on railroad right of way.
Projects that are generally discouraged by railroad companies include:
- New at-grade crossings.
- Widening at-grade crossings (to support increased vehicular traffic).
- Overpass projects that do not span the railroad right of way or do not meet preferred horizontal and vertical clearances.
- Underpass projects which do not meet railroad company design requirements or have significant impact on railroad operations during construction.
- Joint drainage projects (highway parallel to rail line) which include grading, fill placement or cut lines on railroad right of way.
- Any project which restricts the addition of future track or increases drainage onto railroad right of way.
Maintenance Responsibilities
In Texas, the road authority and railroad company assume both separate and joint maintenance responsibilities at rail-highway grade crossings. The crossing surface panels over the railroad where the roadway crosses the rail line, railroad warning devices within railroad and vegetation on railroad are maintained by the railroad company. Since the crossing surface panels extend down the roadway to the edges of the railroad ties, the railroad company maintains the roadway surface from edge of railroad tie to edge of railroad tie.
The road authority is responsible for maintaining the roadway approaches up to the edge of the crossing surface, advanced warning signs and pavement markings.
Joint maintenance responsibilities are typically found with common ditches between a highway and rail line, as well as other drainage and traffic signal preemption features.
While local, state, and federal governmental entities may provide funds for the replacement or upgrade of crossing surface panels and railroad warning devices, the railroad company is generally responsible for performing this work and future maintenance.
See Chapter 14 for various state laws related to maintenance at railroad crossings.
Anchor: #i1000019Types of Agreements
Examples of common agreements executed with railroad companies include:
- Preliminary Engineering Letter of Authority (LoA): Preliminary engineering agreement to allow the railroad company to charge TxDOT for engineering plan review, create railroad estimates and other project preliminary engineering work.
- Maintenance Agreement: Simple agreement notifying the railroad company of the type of maintenance work. The agreement will also include an authorization for the railroad company to provide railroad flaggers.
- Maintenance Notice Letter. A notice signed by TxDOT informing the railroad of maintenance work being done in the railroad right of way with no compensation to the railroad by TxDOT required. Typically used with the BNSF railway and many shortline railroads. The Maintenance Consent Letter with Contractor Endorsement is used on Union Pacific Railroad related maintenance projects.
- Joint Use Agreement: Typically used for constructing and maintaining a common ditch or other drainage work benefiting both the railroad company and TxDOT.
- Pipe/ Wireline License Agreement: Used to allow for the installation and maintenance of TxDOT utility structures such as storm drains, wireline crossings for lighting, ITS or preemption, etc.
- Construction & Maintenance Agreement: Agreement allowing TxDOT to construct and maintain an existing or new road crossing of the railroad and to reimburse the railroad company for their expenses. The agreement may also include property rights descriptions to document railroad encumbered by the TxDOT project.
- Contractor Right of Entry Agreement: Allows a contractor onto railroad to perform intrusive work. Agreement includes indemnification, rules and regulations, and other requirements while the contractor is on railroad.
These agreements will be discussed in greater detail later in this Manual.
Outside Projects Impacting TxDOT and Railroad Right of Way
Occasionally other parties may have projects which impact TxDOT and railroad companies. Work may affect either the railroad and/or TxDOT right of way. Examples of these projects may include:
- Local agency, developer or industry projects including new roads or pathways.
- New traffic signal to be preempted by a railroad crossing (discussed in Chapter 7).
- Design approvals.
Quiet Zones are discussed in Chapter 11.
Any new road, driveway or pathway impacting TxDOT right of way and crossing a railroad shall not be approved until the TxDOT district has a copy of an approved railroad agreement allowing said crossing of the railroad property. A copy of the agreement shall be posted into the TRIMS database program (see Chapter 12).
Any new traffic signal on TxDOT right of way or maintained by TxDOT that is interconnected with a railroad crossing shall be approved in writing by both Traffic Safety Division and RRD as detailed in Chapter 7. A copy of the signed railroad request and the agreement with the railroad shall be posted into the TRIMS database program.
- Transfer of an agreement from one party to another.
- These agreements are unique in nature. RRD will coordinate review and approval.