Railroad Regulation
State law provides that the Public Service Commission (Commission) is the state agency that is charged with representing North Dakota's rail interests before federal agencies and in direct negotiations with rail carriers. The Commission also has jurisdiction over specific safety and landowner rights.
The Commission's regulatory authority over railroads narrowed as a result of the enactment of the Staggers Rail Act of 1980 and the Interstate Commerce Commission Termination Act of 1995, which eliminated many Interstate Commerce Commission functions and transferred all remaining duties to the Surface Transportation Board (STB) with the United States Department of Transportation.
The Commission, to the extent consistent with federal law, has jurisdiction over certain railroad activities in intrastate commerce and works on behalf of North Dakotans to resolve railroad related issues. Some of these jurisdictions and issues include:
- Fencing along railroad right-of-ways
- Sale of land along abandoned railroad lines
- Private grade crossings
- Grade crossing designation (public or private)
- Close clearance issues
- Railroad abandonment
- Grade crossing separation
- Blocked crossings
If you have questions or concerns regarding railroads, please Contact the Commission.
CLICK HERE TO REPORT A BLOCKED CROSSING