2005 Minnesota Statutes - 219.445 — Southern rail corridor improvement plan.

     219.445 Southern rail corridor improvement plan. 


    Subdivision 1.    Corridor development.  The 
 commissioner of transportation shall develop a corridor 
 improvement plan for grade crossings intersecting or crossing 
 the railway right-of-way in the railway corridor that runs east 
 to west across southern Minnesota within all of the counties of 
 Winona, Olmsted, Dodge, Steele, Waseca, Blue Earth, Brown, 
 Redwood, Lyon, and Lincoln. 


    Subd. 2.    Grade crossing recommendations.  (a) The 
 corridor improvement plan must include crossing-by-crossing 
 assessments based on ten-year and 20-year projections of train 
 and vehicle volumes that will identify minimum improvements 
 necessary at crossings with moderate levels of exposure, 
 consistent with rules adopted by the commissioner.  The plan 
 must include identification of all crossings that are candidates 
 for grade separations where levels of exposure exceed 300,000, 
 or crossings that meet the criteria identified in the rules 
 adopted by the commissioner.  For purposes of this section, 
 "levels of exposure" means average daily vehicle traffic 
 multiplied by the number of trains per day at a crossing.  


    (b) In cities where the department has identified multiple 
 grade separation candidates, the plan must include a strategy 
 that identifies the appropriate mix of safety improvements at 
 all crossings in the city and that considers optimal locations 
 for grade separations, crossing consolidations, and other grade 
 crossing safety improvements and traffic routing options. 


    (c) The department shall consider crossings that are 
 candidates for closure, consistent with rules adopted by the 
 commissioner governing the vacating of a grade crossing. 


    (d) When community plans have been developed by the 
 affected railroad company and local governing bodies, the 
 department shall review the community plans for compliance with 
 the department's minimum criteria for necessary crossing 
 improvements at all public crossings as identified in the 
 commissioner's rules.  The agreed-to community plans take 
 precedence over the elements of the corridor improvement plan. 


    Subd. 3.    Local government and railroad 
 participation; federal review.  (a) The commissioner shall 
 provide an opportunity for an affected railroad company or local 
 governing body to participate in developing the corridor 
 improvement plan.  The commissioner shall allow an affected 
 local governing body the opportunity to review the corridor 
 improvement plan before executing an agreement for grade 
 crossing improvements in the corridor improvement plan between 
 the department and the railroad company and before forwarding 
 the plan to the federal Surface Transportation Board (STB).  


    (b) Paragraph (a) does not preclude the department from 
 providing comments or information related to the railway 
 corridor improvement project to the STB or any other governing 
 body related to construction activities or environmental impact 
 statement preparation.  


    Subd. 4.    Final plan; hold harmless.  (a) The final 
 plan must be submitted to any affected area transportation 
 partnership, local unit of government, and railroad company 
 within the corridor area in order to provide future grade 
 crossing safety improvement planning guidance.  


    (b) Unless otherwise specifically agreed to as part of the 
 plan, the development of a corridor improvement plan does not 
 bind the state or any local government unit to a specific 
 implementation timetable or to funding the cost of proposed 
 recommended safety upgrades. 


    HIST: 1999 c 238 art 2 s 34