Section 824.204 - Authority to construct grade crossings; protective devices(1) Except for the repair of lawfully existing roads and highways or the replacement of tracks, no highway shall be constructed across the track of any railroad company at grade, nor shall the track of any railroad company be constructed across a highway at grade, without having first secured the permission of the Department of Transportation.(2) Whenever any railroad company desires to cross any established and existing highway at grade or any public authority desires to lay out and extend any highway over and across any established and existing railroad at grade, it shall file with the department its application setting forth the objections and difficulties of making such crossing either above or below the grade of the existing highway or railroad.(3) Upon receipt of the above application the department, after hearing, unless a hearing is not required under ORS 824.214, shall: (a) Determine whether the public safety, public convenience and general welfare require a grade separation; and(b) In the event a grade separation is not required, determine whether the application should be refused or granted, and upon what terms and conditions.(4) If the grade crossing is approved, the department shall determine and prescribe the manner of its construction, maintenance and use, the kind and location of protective devices to be installed, the allocation of costs and the place of the crossing.