Current through September 17, 2024
Section 415-5-002 - CROSSING CLOSURES002.01 If the Department and the political subdivision with jurisdiction over the crossing, agree that a grade crossing should be eliminated by closing the street, road, or highway, the political subdivision making such closing, after entering into an agreement with the Department and the railroad involved, shall receive five thousand dollars from the State Grade Crossing Protection Fund, five thousand dollars from the railroad involved, and the actual cost of closure, not to exceed twelve thousand dollars, from the State Grade Crossing Protection Fund. 002.01A The costs of closure that are eligible through agreement with the Department may include, but are not limited to: 002.01A1 The cost to remove the roadway approaches to the crossing.002.01A2 The cost to reconstruct the roadway at the closed crossing such as placement of barricades or construction of a cul-de-sac.002.01A3 The reasonable cost to improve the crossing or crossing(s) to which traffic will be diverted because of the closure.002.01A4 The cost to construct a new roadway to provide access to an adjacent crossing or roadway.002.01A5 The cost to remove active warning devices and the part of the crossing contained within the area from end of tie to end of tie.002.01B On non-Federal (i.e. State funded) projects the cost to remove active warning devices and the part of the crossing contained within the area from end of tie to end of tie shall be the responsibility of the railroad.002.01C The political subdivision may use the $5,000 received from the Department and the $5,000 received from the Railroad under 002.01 for any lawful purpose. The political subdivision may offer to pledge to the Department any or all of the $10,000 received to assist in funding improvements at other crossings within the corporate boundaries of the political subdivision. When funds are available, and at the sole discretion of the Department, the Department may assist in the funding of improvements at other crossings through negotiations and execution of agreements between the Department and the political subdivision.002.01D A request for a crossing closure may be initiated by the Department, the railroad or by the political subdivision with jurisdiction over the road leading to the crossing. The Department must receive a resolution from the political subdivision with jurisdiction over the road leading to the crossing before the Department will begin the process of drafting agreements to close the crossing.002.01E No payment by the Department to the political subdivision will be made before an agreement between the Department and the political subdivision has been fully executed, the roadway is actually closed by the political subdivision or the railroad, and the Department is notified of the completion of the closure. No payment shall be made for any work performed or for costs incurred by the political subdivision prior to execution of the agreement and notice to proceed by the Department.002.02 If a public railroad crossing is eliminated by the removal of a rail line by agreement of the Department, the railroad company and/or the railroad track owner and the RTSD which has jurisdiction over the crossing, the RTSD paying for the removal shall receive two thousand dollars or the actual costs of the removal, not to exceed twelve thousand dollars, from the State Grade Crossing Protection Fund. 002.02A The costs of removal that are eligible for reimbursement include the costs to remove the crossing, the costs to reconstruct the roadway through the crossing as well as other related costs deemed appropriate by the Department.002.02B The same request and payment procedures will be followed as used for roadway closure.002.03 The political subdivision will not receive crossing closure payments for crossings eliminated or to be eliminated pursuant to an announced plan for the removal or abandonment of a rail line.415 Neb. Admin. Code, ch. 5, § 002