KRS 277.195: Railroad company to destroy or remove vegetation upon its right-of-way at

each public railroad-highway grade crossing.

(1) Every railroad company shall destroy or remove obstructive vegetation upon its

right-of-way at each public railroad -highway grade crossing, for a distance of two

hundred fifty (250) feet in each direction, that is:

(a) More than thirty (30) inches and less than twenty (20) feet above the height of

the crossing;

(b) Within twenty (20) feet from the nearest rail or, if the r ailroad's right-of-way

is less than twenty (20) feet from the nearest rail, the entire width of the right -

of-way, except for vegetation within five (5) feet of private property; and

(c) Within two hundred fifty (250) feet of the centerline of the roadway w here it

intersects the centerline of the nearest track at the crossing.

(2) A railroad company shall not be authorized or required to enter private property to

remove vegetation located on private property to comply with subsection (1) of this

section.

(3) If terrain, elevation, track or road curvature, rolling stock, structures, or other

objects or conditions at or near the public railroad -highway grade crossing make

compliance with subsection (1) of this section impossible, impractical, or

unnecessary, th e railroad company may petition the Transportation Cabinet to

waive or modify the requirements of subsection (1) of this section by providing

written notice describing the proposed waiver or modifications. The waiver or

modifications proposed by the railro ad company shall replace and satisfy the

requirements of subsection (1) of this section unless the Transportation Cabinet

denies or modifies the written notice within sixty (60) days of receipt.

(4) If a railroad company fails to destroy or remove obstruct ive vegetation in

compliance with subsection (1) of this section, the Transportation Cabinet, or the

local government maintaining the public road or highway, may send a written

notice to the railroad company's registered agent requiring the obstructive

vegetation to be removed within thirty (30) days of receiving the written notice.

(5) (a) If a railroad company fails to remove the obstructive vegetation after

receiving a written notice under subsection (4) of this section, the

Transportation Cabinet or local government shall:

1. Remove the obstructive vegetation by coordinating a mutually agreeable

time and date with the railroad company to access the railroad right -of-

way pursuant to the railroad's applicable safety processes; and

2. Recover the necessary and reasonable costs of the vegetation removal

from the responsible railroad company.

(b) The Transportation Cabinet or local government shall notify the responsible

railroad company of the amount due for vegetation removal by certified mail.

(c) If the railroad company fails to pay the amount demanded within thirty (30)

days, the Transportation Cabinet or local government may take appropriate

legal action to collect the amount owed.

(6) A railroad company shall be and remain in compliance with subsection (1) of this

section by January 1, 2029.

(7) This section shall not alter the duties of a motor vehicle operator at public railroad -

highway grade crossings.

(8) The requirements in this section constitute the sole standards with respect to

vegetation, obstructions, and sight dis tance at public railroad -highway grade

crossings unless superseded by federal law or regulation.