PRIVATE OR PUBLIC CROSSINGS

At Norfolk Southern, safety is our first priority, and that includes highway-rail grade crossing safety.  The United States Department of Transportation promotes reducing the number of at-grade crossings, both public and private, through consolidation, elimination, grade separation, and restriction of the number of new crossings installed.  State government policies also discourage the creation of new grade crossings. 

Norfolk Southern fully supports these goals to promote rail and community safety, and we generally do not permit the installation of private crossings for property that has other reasonable access or that has been landlocked by a property owner subdividing and selling parts of their property. 
 

Applying for New Crossing

In keeping with these safety goals, Norfolk Southern expects that any party interested in applying for a new crossing will have exhausted all other options to find an alternate means of access – including the prospect of constructing a bridge or using existing overhead, subgrade or at-grade crossings – before applying for a grade crossing.

All new private crossings and all changes to existing private crossings, including relocation, are subject to Norfolk Southern’s review and approval.  Approval may be denied for a multitude of reasons, including without limitation safety concerns, impacts on operational efficiency, or railroad engineering and operating considerations, including the location of passing sidings, tracks used for switching, special track work, bridges, and sharp curves. Moreover, as noted above, circumstances may dictate that NS undertake to eliminate a given crossing.

Note that it is illegal to access private railroad property anywhere other than at an authorized, designated pedestrian or roadway crossing, and railroads may pursue all legal remedies if they discover illegal access.

Conditions for Private Crossings

Conditions for private crossings across Norfolk Southern tracks include the following, at a minimum: 

• A signed private crossing agreement with Norfolk Southern is required before any crossing work is begun.
• Private crossing agreements are not transferable by the property owner.  Parties buying property with an existing private crossing must enter into a new agreement with Norfolk Southern to continue having legal access to the crossing except in some cases where the crossing is prescribed in the original deed to the railroad or required by applicable law.

• Private crossing applicants will be responsible for:
  o   All costs for engineering review;
  o   All costs relating to installing the crossing, including grading and drainage work on roadway approaches;
  o   Application fees for crossing evaluation and, if the crossing is approved, license fees for the property use (Note: application fees are not refundable);
  o   Providing insurance as required by Norfolk Southern;
  o   All costs for crossing maintenance conducted by Norfolk Southern, including during its normal periodic track maintenance program;
  o   Removal costs if a temporary crossing;
  o   Relocation of utilities as needed, including the costs thereof;
  o   Costs relating to the current or future warning devices for the crossing, whether passive or active (devices will be approved, installed, and maintained by NS at applicant's sole expense);
  o   All liability for accidents or injuries that arise as a result of the construction, maintenance, and use of the crossing;
  o   Other costs relating to the crossing.

How to Apply

If you have exhausted all other options and need to request a private crossing, you may fill out the Private Road Crossing Application and send any inquiries to privatexing@nscorp.com.