Crossing Treatment Procedures

State Laws and Regulations

8-639. Construction or modification of railroad grade crossing or change of crossing protection equipment

Approval required for railroad to change railroad grade crossings or crossing protection equipment

(a) Unless approved by the Secretary on application to him, and notwithstanding any other statute to the contrary:

(1) Except for an industrial track spur or siding, a railroad may not:

(i) Construct, reconstruct, improve, widen, relocate, or otherwise alter a railroad grade crossing over a State, county, or municipal highway, except in Baltimore City, or over a private road; or

(ii) Change the crossing protection equipment at such a crossing; and

(2) A person may not:

(i) Construct, reconstruct, improve, widen, relocate, or otherwise alter either a railroad grade crossing over a public highway or a private road over a railroad; or

(ii) Change the crossing protection equipment at such a crossing.

Authority of Secretary to approve and impose conditions to construction or modification

(b)(1) The Secretary has authority, subject to the provisions of Division II of the State Finance and Procurement Article, to approve the construction or modification of a railroad grade crossing or a change of crossing protection equipment and to impose conditions necessary to ensure public safety at the crossing.

(2) No other approval, safety condition, or protective measure may be required by any public authority.

Notice and hearing

(c) When an application is made to the Secretary for approval of the construction or modification of a railroad grade crossing or a change of crossing protection equipment, the Secretary, after notice to all parties in interest, including adjacent property owners, shall hold a hearing on the matter if:

(1) The Secretary considers a hearing to be necessary;

(2) A hearing is requested by any party in interest; or

(3) The proposed change would diminish or discontinue any crossing protection.

Approval or disapproval of applications

(d) With any technical advice from the Administration that the Secretary considers necessary, the Secretary may:

(1) Approve or disapprove the application; and

(2) Impose on the person initiating the crossing project, under uniform standards and regulations, any condition necessary to ensure public safety at the crossing, including a requirement for the installation of, payment for, and maintenance of crossing protection equipment.

Conversion a projection of public highway over the railroad

(e) For purposes of this section, the conversion of a private road grade crossing into a public highway grade crossing is a projection of a public highway over the railroad by the public authority taking jurisdiction of the private road.

Md. Code Ann., Transp. § 8-639

8-640. Maintenance and repair of railroad grade crossing or separation

Duty of railroad to maintain grade crossings of highways

(a) At each grade crossing of a highway and a railroad, the railroad shall:

(1) Keep its roadbed and the highway in proper repair so as to provide absolutely safe and easy approach to and crossing of the tracks; or

(2) Subject to approval by the Administration, construct a railroad grade separation.

Abandonment, relocation, or construction of railroad grade crossing or separation

(b)(1) The Administration may abandon, relocate, construct, or reconstruct any railroad grade crossing or railroad grade separation that is dangerous or inconvenient for public travel.

(2) If a railroad grade crossing is dangerous or inconvenient for public travel, the Administration may construct a railroad grade separation.

Terms and conditions of work

(c)(1) The Administration may require the railroad to do any of the work needed under this section, on the terms and conditions that the Administration specifies.

(2) If the railroad fails to do any work required of it under this section, the Administration may perform the work itself and collect the railroad’s share of the cost from the railroad.

Md. Code Ann., Transp. § 8-640

8-642. Costs of railroad grade crossing or railroad grade separation project or maintenance

In general

(a) As to the costs of any railroad grade crossing or railroad grade separation project or maintenance:

(1) 25 percent of these costs shall be paid by the railroads that benefit from the crossing or separation; and

(2) 75 percent of these costs shall be paid by the Administration.

Apportionment of railroad costs

(b) If two or more railroads benefit from the crossing or separation, the railroads’ 25 percent share shall be apportioned among them as determined by the Administration.

Md. Code Ann., Transp. § 8-642

Blocked Crossings

State Laws, Regulations, and Penalties

No applicable statute related to this topic.

Warning Devices-Passive

State Laws and Regulations

21-702. Stop signs at railroad crossings

Stop signs at dangerous crossings

(a) The State Highway Administration and any local authority with the approval of the State Highway Administration may place a stop sign at any railroad grade crossing of a highway that the local authority or State Highway Administration designates as a particularly dangerous crossing.

Distance vehicle required to stop

(b) If the driver of a vehicle approaches the stop sign, the driver:

(1) Shall stop within 50 feet but not less than 15 feet from the nearest rail in the crossing; and

(2) May proceed only on exercising due care.

Md. Code Ann., Transp. § 21-702

Warning Devices- Train Borne

State Laws, Regulations, and Penalties

No applicable statute relating to this topic.

Warning Devices- Active

State Laws and Regulations

8-639. Construction or modification of railroad grade crossing or change of crossing protection equipment

Approval required for railroad to change railroad grade crossings or crossing protection equipment

(a) Unless approved by the Secretary on application to him, and notwithstanding any other statute to the contrary:

(1) Except for an industrial track spur or siding, a railroad may not:

(i) Construct, reconstruct, improve, widen, relocate, or otherwise alter a railroad grade crossing over a State, county, or municipal highway, except in Baltimore City, or over a private road; or

(ii) Change the crossing protection equipment at such a crossing; and

(2) A person may not:

(i) Construct, reconstruct, improve, widen, relocate, or otherwise alter either a railroad grade crossing over a public highway or a private road over a railroad; or

(ii) Change the crossing protection equipment at such a crossing.

Authority of Secretary to approve and impose conditions to construction or modification

(2) No other approval, safety condition, or protective measure may be required by any public authority.

Notice and hearing

(1) The Secretary considers a hearing to be necessary;

(2) A hearing is requested by any party in interest; or

(3) The proposed change would diminish or discontinue any crossing protection.

Approval or disapproval of applications

(d) With any technical advice from the Administration that the Secretary considers necessary, the Secretary may:

(1) Approve or disapprove the application; and

(2) Impose on the person initiating the crossing project, under uniform standards and regulations, any condition necessary to insure public safety at the crossing, including a requirement for the installation of, payment for, and maintenance of crossing protection equipment.

Md. Code Ann., Transp. § 8-639

Private Crossings

State Laws and Regulations

Conversion a projection of public highway over the railroad

Md. Code Ann., Transp. § 8-639

Vegetation Clearance

State Laws, Regulations, and Penalties

No applicable statute related to this topic.