Nebraska Administrative Code
Topic - TRANSPORTATION, DEPARTMENT OF
Title 415 - NEBRASKA DEPARTMENT OF TRANSPORTATION - LOCAL ASSISTANCE DIVISION
Chapter 7 - Comprehensive Public Safety Program for Highway-Rail Grade Crossings
Section 415-7-003 - DIAGNOSTIC TEAM REVIEW AND IMPROVEMENT RECOMMENDATIONS

Current through March 20, 2024

003.01 DIAGNOSTIC TEAM REVIEW

After completing the process of identifying priority corridors, the Department shall annually select one or more of the priority corridors for a Diagnostic Team Review. A previously completed Diagnostic Field Inspection report may be used or updated by the Department.

003.02 CORRIDOR IMPROVEMENT PROPOSAL

Upon completing or updating a Diagnostic Team Review on a selected corridor, the Department may prepare and submit a specific corridor improvement proposal to the railroad company and the county or municipality in which the corridor is located and to any property owners who have the right to use a private crossing in the corridor. The proposal may include a timetable for completion of the improvements and funding options and obligations of the various entities. The following is a non-exclusive list of the crossing improvements that may be included in the specific corridor improvement proposal by the Department.

003.02A Construction of grade separation structure(s) for vehicles and/or pedestrians.

003.02B Closure of public or private grade crossings.

003.02C Installation or upgrade of passive or active warning devices.

003.02D Construction of crossings at new locations, or maintenance or reconstruction of crossings or the approach to crossings.

003.02E Improvement of sight distance at crossings.

003.02F Construction or modification of access roads.

003.02G Other improvements may include upgrading existing signal controllers, traffic light preemptive systems, active advance warning systems, special signing, public education, focused enforcement efforts, use of LED systems, converting the crossing from private to public, making crossing surface improvements or railroad operational changes.

003.03 Review of a corridor improvement proposal shall proceed as follows:

003.03A The municipality or county and the railroad owner or operator shall have 60 days to review the Department's specific corridor improvement proposal and to suggest revisions, additions or deletions. When requested, the Department will attend any public meetings to explain the specific corridor improvement proposal. If the Department and the municipality or county and/or the railroad owner or operator fail to agree to the specific corridor improvement proposal, including revisions, additions or deletions agreed to by the Department, then Sections 003.04 and 003.05 of this chapter shall apply.

003.03B The party or parties served by a private crossing(s) shall have 60 days to review the Department's specific corridor improvement proposal and suggest revisions, additions or deletions. When requested, the Department will meet with affected parties to explain the corridor improvement proposal. If the Department and the party or parties served by the private crossing(s) fail to agree to the specific corridor improvement proposal, including revisions, additions or deletions agreed to by the Department, then Section 003.06 of this chapter shall apply.

003.04 After the sixty day period set out in Section 003.03 has elapsed, without agreement, the municipality or county shall have 90 additional days to complete the following:

003.04A Hold additional public meeting(s) if deemed necessary by the municipality or county including, if requested by the municipality or county, a presentation of the specific corridor improvement proposal by the Department.

003.04B Present the specific corridor improvement proposal to the municipality's or county's governing body for formal approval or disapproval.

003.04C Upon approval or disapproval, mail to the Department, by certified mail, a written approval or disapproval by the governing body of the municipality or county.

003.04D In the event that the municipality or county formally disapproves the Department's proposal, the municipality or county shall submit to the Department each reason why the Department's proposal was not approved and a counterproposal, signed by the chief executive of the municipality or county, detailing a crossing improvement counterproposal for crossings in the corridor to which the municipality or county has formally bound itself to accept in lieu of the Department's proposal.

003.05 After the 60-day period set out in Section 003.03 of this chapter has elapsed, without agreement, the railroad and the railroad track owner or operator shall have 90 additional days to complete the following:

003.05A Attend public meetings, if requested by the municipality, county or Department.

003.05B Mail to the Department, by certified mail, a written approval or disapproval of the proposal.

003.05C In the event that the railroad and/or the railroad track owner disapproves of the Department's proposal, the railroad owner and/or operator shall submit to the Department in writing each reason why the Department's proposal was not approved and a written counterproposal, signed by a person authorized to bind the railroad and/or railroad track owner, detailing a crossing improvement counterproposal to which the railroad and/or railroad track owner has formally bound itself to accept in lieu of the Department's proposal.

003.06 After the 60-day period set out in Section 003.03 of this chapter has elapsed, without agreement, the party or parties served by a private crossing(s) in the corridor shall have 90 additional days to mail to the Department by certified mail, a written approval or disapproval.

003.07 The Department shall review all information received from the municipality, county, or the party or parties served by a private crossing(s) and the railroad and/or railroad track owner and shall issue, by certified mail, an Order for Corridor Improvements detailing the improvements that it determines should be made to the crossings within the corridor, the timetable for completion of the improvements and funding options and obligations of the various entities.

003.08 The municipality, the county, the railroad and/or the railroad track owner or the party or parties who have a legal right to use the affected private crossing(s) may appeal the Order for Corridor Improvements by filing a Petition and request for hearing with the Department within 60 days after the date of the order issued by the Department. All aspects of the appeal shall be governed by the rules of procedure set out in Title 407.

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