N.M. Admin. Code § 18.14.2.12 - OPENING AND CLOSING OF PUBLIC GRADE CROSSINGS

A. Railroad companies are subject to the construction and maintenance requirements set forth in Section 63-3-36 NMSA 1978.

B. The department shall determine whether to open or close a crossing on its own railroad property or on a state highway that crosses a railroad.

C. Any person who believes that an additional public grade crossing is necessary and in the public interest, or that an existing public grade crossing is unnecessary and not in the public interest, may request that the department review the necessity of such a crossing. The department shall consider the request and act to ensure that public grade crossings conform with applicable safety standards.

D. Any railroad company contemplating the closure of an existing public grade crossing of a public highway, city, town or village street at grade, must notify the department at least 60 days prior to any actual closure of such public grade crossing. The department shall promptly notice the pending closure, conduct a review, the department and issue an order prohibiting or permitting the closure.

E. United States department of transportation (USDOT) railroad identifiers shall be posted at each existing railroad crossing in New Mexico.

Notes

N.M. Admin. Code § 18.14.2.12

18.14.2.12 NMAC - Rp, SCC-85-7, Rule 3, 9/30/11; A, 6/14/13, Amended and Renumbered from 18.14.2.11 by New Mexico Register, Volume XXVII, Issue 01, January 15, 2016, eff. 1/15/2016, Adopted by New Mexico Register, Volume XXXV, Issue 12, June 25, 2024, eff. 7/1/2024