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Iowa Railroad State Laws and Regulations

Crossing Treatment Procedures

State Laws and Regulations

327G.15. Railway and highway crossing at grade

  1. Wherever a railway track crosses or shall hereafter cross a highway, street, or alley, the railway corporation owning such track and the department, in the case of primary highways, the board of supervisors of the county in which such crossing is located, in the case of secondary roads, or the council of the city, in the case of streets and alleys located within a city, may agree upon the location, manner, vacation, physical structure, characteristics and maintenance of the crossing and flasher lights or gate arm signals at the crossing and allocation of costs thereof. The department shall become a party to the agreement if grade-crossing safety funds are to be used. Up to seventy-five percent of the maintenance cost of flasher lights or gate arm signals at the crossing and an unlimited portion of the cost of installing flasher lights or gate arm signals at the crossing may be paid from the grade crossing safety fund.
  2. Notwithstanding other provisions of this section, maintenance of flasher lights or gate signals installed or ordered to be installed before July 1, 1973, shall be assumed wholly by the railroad corporation.
  3. a. Payments from the grade crossing safety fund shall be made by the treasurer of state upon certification by the department that the terms of the agreement have been followed.
  4. The department shall promulgate rules according to chapter 17A for processing claims to the grade crossing safety funds.
  5. The provisions of this section shall not apply to the repair of the grade crossing surface

Iowa Code Ann. § 327G.15

Blocked Crossings

State Laws, Regulations, and Penalties

327G.32. Blocking highway crossing

  1. A railroad corporation or its employees shall not operate a train in such a manner as to prevent vehicular use of a highway, street, or alley for a period of time in excess of ten minutes except in any of the following circumstances:
  2. When necessary to comply with signals affecting the safety of the movement of trains.
  3. When necessary to avoid striking an object or person on the track.
  4. When the train is disabled.
  5. When necessary to comply with governmental safety regulations including but not limited to speed ordinances and speed regulations.
  6. a. An officer or employee of a railroad corporation violating a provision of this section is, upon conviction, subject to a schedule “two” penalty under section 327C.5.
  7. An employee is not guilty of a violation if the employee’s action was necessary to comply with the direct order or instructions of a railroad corporation or its supervisors. Guilt is then with the railroad corporation.
  8. Other portions of this section notwithstanding, a political subdivision may pass an ordinance regulating the length of time a specific crossing may be blocked if the political subdivision demonstrates that an ordinance is necessary for public safety or convenience. If an ordinance is passed, the political subdivision shall, within thirty days of the effective date of the ordinance, notify the department and the railroad corporation using the crossing affected by the ordinance. The ordinance does not become effective unless the department and the railroad corporation are notified within thirty days. The ordinance becomes effective thirty days after notification unless a person files an objection to the ordinance with the department. If an objection is filed the department shall notify the department of inspections and appeals which shall hold a hearing. After a hearing by the department of inspections and appeals, the state department of transportation may disapprove the ordinance if public safety or convenience does not require the ordinance. The decision of the state department of transportation is final agency action. The ordinance approved by the political subdivision is prima facie evidence that the ordinance is adopted to preserve public safety or convenience.
  9. The department of inspections and appeals when considering rebuttal evidence shall weigh the benefits accruing to the political subdivision as they affect the general public use compared to the burden placed on the railroad operation. Public safety or convenience may include, but is not limited to, high traffic density at a specific crossing of a main artery or interference with the flow of authorized emergency vehicles.
  10. A resolution regulating the length of time a specific crossing may be blocked, which was adopted before July 1, 1989, is an ordinance for the purposes of this section.

Iowa Code Ann. § 327G.32

Warning Devices-Passive

State Laws and Regulations

No applicable statute related to this topic.

Warning Devices- Train Borne

State Laws, Regulations, and Penalties

327G.13, 327G.14. Repealed by Acts 2015 (86 G.A.) ch. 123, H.F. 635, § 43, eff. July 1, 2015

Iowa Code Ann. § 327G.13

Warning Devices- Active

State Laws and Regulations

327G.15. Railway and highway crossing at grade

  1. Wherever a railway track crosses or shall hereafter cross a highway, street or alley, the railway corporation owning such track and the department, in the case of primary highways, the board of supervisors of the county in which such crossing is located, in the case of secondary roads, or the council of the city, in the case of streets and alleys located within a city, may agree upon the location, manner, vacation, physical structure, characteristics and maintenance of the crossing and flasher lights or gate arm signals at the crossing and allocation of costs thereof. The department shall become a party to the agreement if grade crossing safety funds are to be used. Up to seventy-five percent of the maintenance cost of flasher lights or gate arm signals at the crossing and an unlimited portion of the cost of installing flasher lights or gate arm signals at the crossing may be paid from the grade crossing safety fund.
  2. Notwithstanding other provisions of this section, maintenance of flasher lights or gate signals installed or ordered to be installed before July 1, 1973, shall be assumed wholly by the railroad corporation.
  3. a. Payments from the grade crossing safety fund shall be made by the treasurer of state upon certification by the department that the terms of the agreement have been followed.
  4. The department shall promulgate rules according to chapter 17A for processing claims to the grade crossing safety funds.
  5. The provisions of this section shall not apply to the repair of the grade crossing surface.

Iowa Code Ann. § 327G.15

Private Crossings

State Laws and Regulations

327G.11. Private farm crossings

When a person owns farmland on both sides of a railway, or when a railway runs parallel with a public highway thereby separating a farm from such highway, the corporation owning or operating the railway, on request of the owner of the farmland, shall construct and maintain a safe and adequate farm crossing or roadway across the railway and right-of-way at such reasonable place as the owner of the farmland may designate. A private farm crossing established or installed pursuant to this section shall be used solely for farming or agricultural purposes.

Iowa Code Ann. § 327G.11

Vegetation Clearance

State Laws, Regulations, and Penalties

327F.27. Vegetation on right-of-way

  1. Every railroad corporation shall ensure that vegetation on railroad property which is on or immediately adjacent to the roadbed be controlled so that it does not:
  2. Become a fire hazard to track-carrying structures.
  3. Obstruct visibility of railroad signs and signals.
  4. Interfere with railroad employees performing normal trackside duties.
  5. Prevent proper functioning of signal and communication lines.
  6. Prevent railroad employees from visually inspecting moving equipment from their normal duty stations.
  7. Nothing in this section shall be construed to exempt a railroad corporation from carrying out noxious weed control programs as provided in chapter 317.

Iowa Code Ann. § 327F.27