N.M. Admin. Code § 18.14.4.13 - CONSIDERATION OF CLOSING AN EXISTING CROSSING: CONSIDERATION OF CLOSING AN EXISTING CROSSING
A. If
the department seeks the closure of an existing crossing or if the rail manager
receives a proposal to close an existing crossing that is determined to merit
consideration based on the rail manager's review of the proposal, the
department shall provide public notice of the proposed closure:
(1) the department shall inform the local
government in which the crossing is located of the proposed closure;
(2) the department shall post signs at the
crossing notifying the public that the crossing is under consideration for
closure and requesting public comment;
(3) the department shall publish a notice in
a newspaper of general circulation in the community in which the crossing is
located inviting public comment.
B. The rail manager shall evaluate the
impacts of closing the crossing and the options to closure. In preparing a
recommendation to the secretary regarding a proposed closing of an existing
crossing, the rail manager shall utilize the criteria contained in the
references cited in
18.14.4.8 NMAC, the results of the
diagnostic study and consider any public comments received. The rail manager
shall provide a recommendation and a summary of any public comments received to
the secretary.
C. The approval of
the secretary or their designee is required in order to close an existing
crossing.
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