Purpose

This bill sets rules for utility facilities that cross or run alongside railroad rights-of-way in Minnesota. It aims to standardize how utilities obtain permission to cross rail lines, ensure safety and proper design, require certain fees and insurance, and govern how crossings are managed and documented.

Key definitions

• Crossing: a utility facility that goes over, under, or across a railroad right-of-way.
• Facility or utility facility: items placed above, on, or below ground to help store or move water, sewage, electricity, communications (electronic/telephone/telegaph), fiber, cable TV, oil, natural gas, or hazardous liquids; includes pipes, sewers, conduits, cables, wires, manholes, and attachments.
• Paralleling (paralleling): a utility facility that runs alongside railroad lines for up to about one mile or another agreed distance, then crosses or exits the railroad right-of-way.
• Public right-of-way: as defined in Minnesota law (a legal public access corridor used for utilities and infrastructure).
• Railroad: any entity operating a common carrier by rail or responsible for crossings or crossing fees.
• Utility: a broad category including electric, gas, water, telecommunications, cable, fiber optics, and related providers, plus agencies and contractors involved with these services.

Main provisions

• Define scope: Applies to utilities that want to place facilities across or on railroad rights-of-way; lays out how crossings are planned, approved, and managed.
• Design standards: Crossing projects must follow recognized safety and engineering guidelines, specifically the National Electric Safety Code (NESC) or the Manual for Railway Engineering (AREMA), ensuring safe placement and construction.
• Application requirements: Utilities must submit a formal crossing application with an engineering design showing the crossing location and the railroad tracks and wires to be crossed. The application should follow a form provided or approved by the railroad.
• Fees and insurance: Applications must include a standard crossing fee and evidence of insurance as required by the railroad. The railroad may require these as conditions for approval.
• Submission method: Applications must be sent by certified mail with return receipt requested.
• Incomplete applications: The railroad must inform the applicant within 15 calendar days if the application is incomplete and note any additional information needed. The railroad must keep contact information and procedures current and update its website within 30 days of any change.
• Ongoing information: The railroad must continuously update the required information and contact details as changes occur.
• Flagging services: A railroad may require flagging (safety personnel to guide or stop work near railroad operations) only if it is clearly necessary for safety during construction or maintenance. The railroad must provide written justification for the flagging, including the specific safety risks and operational concerns.
• Fee justification: Flagging fees must be reasonable, reflect actual costs, and cannot be used to delay or obstruct utility access.

Application process and timelines

• Prior permission: Utilities must request approval from the railroad before crossing.
• Engineering design: The crossing design must be prepared to show exact crossing location and railroad tracks/wires and conform to safety guidelines.
• Documentation: Submissions should include insurance information and the crossing fee; mail the package via certified mail.
• Timelines: The railroad must respond about missing information within 15 days of receipt; must inform about any additional required information within 15 days; website and contact info must be kept current within 30 days of changes.

Fees and risk management

• Crossing fee: A standardized fee required with the crossing application.
• Insurance: Evidence of insurance must accompany the application.
• Flagging costs: If flagging is necessary, the fee must cover actual costs and not be used to hinder access.

Administrative updates and compliance

• Railroad communications: The railroad must update its website within 30 days of changes to contact information, procedures, or submission addresses.
• Ongoing accuracy: All information related to the crossing process must be kept current as changes occur.

Significant changes to existing law

• Introduces a formal, codified process for utility crossings of railroad rights-of-way with defined timelines and documentation requirements.
• Expands definitions to clearly cover paralleling utility lines and what counts as a utility facility.
• Adds explicit safety-centered design standards (NESC and AREMA guidelines) and mandatory insurance and crossing fees.
• Establishes a structured, time-bound process for handling incomplete applications and for notifying applicants of additional needs.
• Allows flagging only when necessary for safety, with a requirement for justification and a reasonable fee tied to actual costs.
• Requires regular updates to railroad websites and maintained contact information to improve access for utilities.

Relevant terms crossing; railroad right-of-way; utility facility; paralleling; public right-of-way; facility; National Electric Safety Code (NESC); Manual for Railway Engineering; American Railway Engineering and Maintenance-of-Way Association (AREMA); crossing application; engineering design; certified mail; crossing fee; insurance; flagging; flagging fee; safety; construction; maintenance; railroad website updates.