North Dakota § 49-10.1-13 Clearance required for tracks

North Dakota Statutes

§ 49-10.1-13 — Clearance required for tracks

North Dakota § 49-10.1-13

Title 49Public Utilities

Ch. 49-10.1Railroad Regulation by Public Service Commission

This text of North Dakota § 49-10.1-13 (Clearance required for tracks) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 49-10.1-13 (2026).

Text

No person unless authorized by the commission shall erect or maintain on any railroad track or railroad right of way any:

1.Fixed or permanent structure or obstruction at a distance of less than eight feet [2.44 meters] from a railroad track, measured from the centerline of the track.

2.Bridges, viaducts, or any other obstructions passing over and above a railroad track at a height less than twenty-one feet [6.40 meters], measured from the top of the track rail. The commission, upon application and after a thorough investigation, may permit any person to which this section applies to erect or reconstruct and maintain any such facility at a lesser clearance than herein provided for when in the judgment of the commission the compliance with the clearance prescribed herein would be unreason

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No person unless authorized by the commission shall erect or maintain on any railroad track
or railroad right of way any:
1. Fixed or permanent structure or obstruction at a distance of less than eight feet [2.44
meters] from a railroad track, measured from the centerline of the track.
2. Bridges, viaducts, or any other obstructions passing over and above a railroad track at
a height less than twenty-one feet [6.40 meters], measured from the top of the track
rail. The commission, upon application and after a thorough investigation, may permit
any person to which this section applies to erect or reconstruct and maintain any such
facility at a lesser clearance than herein provided for when in the judgment of the
commission the compliance with the clearance prescribed herein would be
unreasonable or unnecessary and when a lesser clearance than that hereinbefore
provided for would not create a condition unduly hazardous to the employees of such

railroad or any other person. Station freight house platforms which have a vertical
height of not more than four feet [1.22 meters], measured from the top of the track rail,
may be erected and maintained at a less distance from the center of the track which
they adjoin than herein specified.