N.J. Admin. Code § 16:25-5.5

Current through Register Vol. 56, No. 21, November 4, 2024

Section 16:25-5.5 - Railroad crossings

(a) The Commissioner has plenary power over all public railroad crossings in the State of New Jersey, in accordance with 48:12-49 et seq.

(b) Railroad crossings consist of grade-separated crossings (bridged) and at-grade crossings:

1. The following applies to grade-separated crossings:

i. Where the railroad is over the highway, the Department will determine the vertical and horizontal under clearances and the railroad and the Department shall approve the structure of the crossing;

ii. Where the railroad is under the highway, the railroad shall determine the vertical and horizontal under clearances and the Department and the railroad shall approve the structure of the crossing.

2. The following applies to at-grade crossings:

i. Public at-grade crossings occur where the railroad intersects an existing or proposed public street or highway. New public at-grade crossings or modifications to existing public at-grade crossings are only permitted by the Commissioner after the evaluation, public information, and response processes delineated in (c) below are completed.

ii. Private at-grade crossings occur at locations other than public thoroughfares, and the Commissioner does not exercise his or her authority over these crossings; however, where a private at-grade crossing is used primarily by the general public, the Commissioner may take jurisdiction of the private at-grade crossing, if he or she is of the opinion such jurisdiction is in the interest of public safety.

(c) The evaluation, public information, and response process for at-grade public crossings shall be conducted by the Department as follows:

1. A diagnostic team, composed of Department staff, the applicant for the crossing, and municipal and county officials who have an interest in the crossing, will meet on the site of the proposed crossing or at another convenient location to evaluate the engineering and safety aspects of the crossing;

2. The team leader (a Department staff member) will prepare a memorandum of record, noting the findings of the team;

3. The Department will publish a notice in the newspaper(s) serving the area in which the proposed grade crossing is located, describing the particular work intended at the grade crossing, and calling for members of the public who have opinions, or who have questions or comments regarding the proposed crossing to submit their opinions, questions, or comments to the Department;

4. The Department will respond to commenters in writing;

5. The Department will issue a decision based on the diagnostic team's recommendations and taking into account the comments received; and

6. Any applicant who objects to the Department's decision regarding an at-grade crossing may request a hearing in accordance with the provisions of the Administrative Procedure Act, 52:14B-1 et seq., and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

N.J. Admin. Code § 16:25-5.5

Adopted by 48 N.J.R. 209(a), effective 2/1/2016