§ 3670. Clearance standards; variance

(a) No person shall construct, alter, or permit construction or alteration of a railroad track, railroad bridge, or structure over or adjacent to any railroad track unless the clearances provided equal or exceed the minimum standards set forth in the American Railway Engineering Association's Manual for Railway Engineering, as in effect at the time work begins.

(b) Subject to the approval of the Transportation Board, a variance from the standards established by this section may be established by written agreement of the Agency of Transportation, all involved railroad companies and any affected municipality.

(c) If the parties are unable to agree on a variance request, the Transportation Board, after notice and hearing, may grant a variance from the standards established by this section if the Board determines that:

(1) the Agency of Transportation, all involved railroad companies and any affected municipality have had an opportunity to review and comment on the variance request;

(2) granting the variance will not significantly impair the safe, efficient, continuous movement of freight, passengers, and railroad equipment on the State's railroad system or the safe, efficient performance of railroad maintenance operations; and

(3) the costs and impacts associated with meeting the clearance standards established by this section would exceed any public benefits reasonably likely to flow from adhering to such standards.

(d) Notwithstanding this section, tracks, bridges, and structures lawfully in existence or already under construction before July 1, 1990 may continue to be used and repaired, provided that clearances are not further reduced. (Added 1989, No. 246 (Adj. Sess.), § 27; amended 1993, No. 172 (Adj. Sess.), § 62; 2017, No. 113 (Adj. Sess.), § 13.)