Vermont Statutes Title 5 Sec. 3670
Terms Used In Vermont Statutes Title 5 Sec. 3670
- Agency: means the Agency of Transportation. See
- Board: means the Transportation Board. See
- Municipality: means a county, city, village, town, or any other political subdivision of this State and any public corporation, authority, or district of this State that is or may be authorized by law to acquire, establish, construct, maintain, improve, or operate transportation facilities or services. See
- Person: means an individual, firm, partnership, corporation, company, association, joint stock association, or body politic, including a trustee, receiver, assignee, or other similar representative. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
- Structure: means any object constructed or installed by man, including buildings, towers, smokestacks, and overhead transmission lines. See
§ 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.)