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Indiana Department of Transportation

INDOT > Multimodal > Railroad > Code Enforcement & Safety Code Enforcement & Safety

Petition Submittal Requirements

At Grade Crossing – New – Relocation – Modification

IC 8-6-1-7(b) - A petition is required to be filed by a roadway agency prior to moving forward with plans to construct a new public road across an existing railroad track. A petition is also required to be filed by a roadway agency prior to the alteration of an existing public road that already crosses a railroad track. Primary examples of alteration to an existing public road include adding vehicle travel lanes or a central turn lane. (105 IAC 5-8-1 states “Submission of verified petition to establish, alter, or relocate a rail-highway grade crossing” Authority IC 8-6-1-7; IC 8-6-1-9; IC 8-23-2-6 Affected 8-6-1).

IC 8-6-1-9, IC 8-6-1-7(c) - A petition is required to be filed by a railroad company prior to moving forward with construction of a new segment of railroad that crosses an existing public roadway or prior to construction of additional railroad track(s) that intersect a public roadway where there is an existing at grade rail-highway intersection. (105 IAC 5-8-1 states “Submission of verified petition prior to the establishment, alteration, or relocation a rail-highway grade crossing” Authority IC 8-6-1-7; IC 8-6-1-9; IC 8-23-2-6 Affected: 8-6-1).

Sample Petition - at grade crossing - new - relocation - modification

Down Grade Warning Devices

IC 8-6-7.7-2 A petition is required to be filed prior to a railroad company down-grading an existing train activated warning device at a public rail-highway grade crossing. Examples include downgrading from train activated flashers and gates to crossbucks. 105 IAC 5-7-2 states “Submission of verified petition for the removal of automatic train-activated warning signals from rail-highway grade crossings” Authority IC 8-6-7.7-2; IC 8-23-2-6 Affected: IC 8-6-7.7-1; IC 8-6-7.7-2.

Sample Petition - down grade warning devices

Less than Vertical and Lateral Clearance

IC 8-8-1-11 A petition is required prior to the construction of a “NEW” railroad track or a loading and/or unloading system that requires less than statutorily mandated vertical clearance. The statute sets the minimum clearance level at a plane established at 22 feet above the top of the rail. This petition is normally filed by a private company, railroad company or jointly. 105 IAC 5-4-1 Submission of verified petition for relief from statutory track clearance requirements. Authority: IC 8-8-1-12; IC 8-23-26, Affected IC 8-3-1-21; IC 8-8-1-11; IC 8-8-1-12.

 IC 8-8-1-12 A petition is required prior to the construction of a railroad track or loading and/or unloading system that requires less than statutorily mandated lateral clearance. The statute sets the minimum clearance at either side of the track at planes established at 8 feet on either side of the center line of rail. This petition is normally filed by a private company, railroad company or jointly. 105 IAC 5-4-1 Submission of verified petition for relief from statutory track clearance requirements. Authority: IC 8-8-1-12; IC 8-23-26, Affected IC 8-3-1-21; IC 8-8-1-12.

Sample Petition - less than vertical and lateral clearance 

Statutorily Required Filing