New Jersey Administrative Code
Title 16 - TRANSPORTATION
Chapter 25 - UTILITY ACCOMMODATION
Subchapter 5 - SPECIAL PERMITS AND AGREEMENTS
Section 16:25-5.5 - Railroad crossings
Universal Citation: NJ Admin Code 16:25-5.5
Current through Register Vol. 56, No. 18, September 16, 2024
(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.
Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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