4 Colo. Code Regs. § 723-7-7211

Current through Register Vol. 48, No. 1, January 10, 2025

Section 4 CCR 723-7-7211 - Crossing Construction and Maintenance

(a) Whenever a highway, pathway, or sidewalk is removed at an existing crossing or constructed at a new crossing, or the highway, pathway, or sidewalk portion of an existing crossing is widened, the road authority shall bear all costs to remove, construct or widen crossing surfaces at the crossing including the cost of the crossing surface; the highway, pathway, and/or sidewalk approaches; and highway and/or pathway construction traffic control. Extensions of crossing surfaces for the addition of sidewalks to an existing crossing require only the addition of crossing surface panels for the sidewalks and do not require the entire crossing surface to be replaced.

(b) Whenever a track is removed at an existing crossing, or constructed at a new crossing, or the track portion of an existing crossing is widened, the railroad, railroad corporation, rail fixed guideway, transit agency, or owner of the track shall bear all costs to remove, construct or widen the track including the cost of the crossing surface; the highway, pathway, and or sidewalk approaches; and highway and/or pathway construction traffic control..

(c) In addition to projects described in paragraph 7211(b), railroads, railroad corporations, rail fixed guideways, transit agencies, or owners of the track shall bear all costs of their initiated projects (e.g., capital improvement projects) involving crossings.

(d) The crossing surface shall be of plank, concrete, rubber, flangeway and asphalt, or other suitable material that is compatible with the highway approached, and shall be of the same width as the pavement or other surfacing material in the approaches of the adjacent highway including the roadway shoulders. The crossing surface material shall make a reasonably smooth riding surface over the track or tracks and be approximately level with the top of the rails. Wherever practicable, the tracks at multiple track crossings shall be level with the mainline track.

(e) The Commission may determine the materials to be used in a crossing at the time the Commission considers the application regarding the crossing.

(f) Whenever practicable, sidewalks should be detached from the curb and constructed behind the crossing signal mast. The crossing surface material for sidewalks need not be continuous with the crossing surface material of the vehicle travel lanes.

(g) Pathway crossings of mainline trackage shall be grade separated. Rail fixed guideway and rail fixed guideway systems are exempted from this requirement. Sidewalks or pathway crossings under railroad open deck bridges or trestles shall have a protective cover (roof) extending a reasonable distance beyond the edges of the bridge or trestle to prevent material or debris from striking users of the sidewalk or pathway crossings. Sidewalks and pathway crossings under closed deck bridges may have either a protective cover extending a reasonable distance beyond the edges of the bridge or may have fencing attached to the bridge structure to prevent material or debris from striking users of the sidewalk or pathway crossing.

(h) A railroad, railroad corporation, rail fixed guideway, transit agency, or owner of the track shall maintain the grade crossing surface from the outside end of the tie to the outside end of the tie at single track crossings. Railroads, railroad corporations, rail fixed guideways, transit agencies, and owners of the track shall promptly assist any road authority to the extent required to maintain the road surface between tracks at multiple track crossings. The road authority shall bear the cost of railroad flagging required to maintain the roadway surface between tracks at multiple track crossings.

(i) The road authority that owns the highway shall maintain at its own expense the highway approaches up to the outside end of the ties.

(j) The total costs to maintain an existing crossing surface, including, but not limited to, materials, labor, traffic control, railroad flagging, and any necessary permits shall be shared equally between the railroad, railroad corporation, rail fixed guideway, transit agency, or owner of the track and the road authority.

(k) A railroad, railroad corporation, rail fixed guideway, transit agency, or owner of the track, shall remove all obstructions along the tracks that block the view of motorists, bicycles, and/or pedestrians as outlined in paragraph 7301(d). The Commission may determine what obstructions are to be removed to ensure reasonable safety at the crossing.

(l) A railroad, railroad corporation, rail fixed guideway, transit agency, or owner of the track must coordinate with the road authority to provide public notice and traffic and/or pedestrian and/or bicycle detours and may not close the crossing or perform any construction work at any highway-rail crossing and/or public pathway crossing that will lead to temporary closure of the highway-rail crossing and/or public pathway crossing prior to coordinating with the road authority to provide the referenced notice and detours. In the event of an imminent safety hazard or emergency, the railroad, railroad corporation, rail fixed guideway, transit agency, or owner of the track is not required to coordinate with the road authority before closing the crossing or performing construction but must provide notice to and coordinate with the road authority as soon as practicable, but not less than 24 hours after such crossing closure or construction commences.

(m) A railroad, railroad corporation, rail fixed guideway, transit agency or owner of the track must provide road authorities with the project construction support necessary to construct and complete any highway-rail crossing and/or public pathway crossing project, as agreed upon by the railroad, railroad corporation, rail fixed guideway, transit agency, or owner of the track and road authority pursuant to the applicable construction and maintenance agreement, and as ordered by the Commission.

(n) Within 90 days of receiving a written notice that a crossing surface is in disrepair, a railroad, railroad corporation, rail fixed guideway, transit agency or owner of the track must provide a written reply that establishes a plan to repair the crossing surface, including a proposed timeline to repair the crossing surface that does not exceed one year from the date of the notice, except for crossing surface disrepairs that present an imminent safety hazard, which must be repaired as soon as practicable. If the railroad, railroad corporation, rail fixed guideway, transit agency, or owner of the track believes repair is unnecessary, its written reply must explain why repair is unnecessary. The written notice to a railroad, railroad corporation, rail fixed guideway, transit agency, or owner of the track must comply with subparagraph 7208(e)(I).

4 CCR 723-7-7211

40 CR 14, July 25, 2017, effective 8/14/2017

41 CR 14, July 25, 2018, effective 8/14/2018

42 CR 07, April 10, 2019, effective 4/30/2019

45 CR 11, June 10, 2022, effective 6/30/2022

47 CR 07, April 10, 2024, effective 4/30/2024