{"data":{"id":"us-ky/krs-277.195","jurisdiction":"us-ky","citation":"KRS 277.195","heading":"Railroad company to destroy or remove vegetation upon its right-of-way at","body":"each public railroad-highway grade crossing.\n(1) Every railroad company shall destroy or remove obstructive vegetation upon its\nright-of-way at each public railroad -highway grade crossing, for a distance of two\nhundred fifty (250) feet in each direction, that is:\n(a) More than thirty (30) inches and less than twenty (20) feet above the height of\nthe crossing;\n(b) Within twenty (20) feet from the nearest rail or, if the r ailroad's right-of-way\nis less than twenty (20) feet from the nearest rail, the entire width of the right -\nof-way, except for vegetation within five (5) feet of private property; and\n(c) Within two hundred fifty (250) feet of the centerline of the roadway w here it\nintersects the centerline of the nearest track at the crossing.\n(2) A railroad company shall not be authorized or required to enter private property to\nremove vegetation located on private property to comply with subsection (1) of this\nsection.\n(3) If terrain, elevation, track or road curvature, rolling stock, structures, or other\nobjects or conditions at or near the public railroad -highway grade crossing make\ncompliance with subsection (1) of this section impossible, impractical, or\nunnecessary, th e railroad company may petition the Transportation Cabinet to\nwaive or modify the requirements of subsection (1) of this section by providing\nwritten notice describing the proposed waiver or modifications. The waiver or\nmodifications proposed by the railro ad company shall replace and satisfy the\nrequirements of subsection (1) of this section unless the Transportation Cabinet\ndenies or modifies the written notice within sixty (60) days of receipt.\n(4) If a railroad company fails to destroy or remove obstruct ive vegetation in\ncompliance with subsection (1) of this section, the Transportation Cabinet, or the\nlocal government maintaining the public road or highway, may send a written\nnotice to the railroad company's registered agent requiring the obstructive\nvegetation to be removed within thirty (30) days of receiving the written notice.\n(5) (a) If a railroad company fails to remove the obstructive vegetation after\nreceiving a written notice under subsection (4) of this section, the\nTransportation Cabinet or local government shall:\n1. Remove the obstructive vegetation by coordinating a mutually agreeable\ntime and date with the railroad company to access the railroad right -of-\nway pursuant to the railroad's applicable safety processes; and\n2. Recover the necessary and reasonable costs of  the vegetation removal\nfrom the responsible railroad company.\n(b) The Transportation Cabinet or local government shall notify the responsible\nrailroad company of the amount due for vegetation removal by certified mail.\n(c) If the railroad company fails to pay the amount demanded within thirty (30)\ndays, the Transportation Cabinet or local government may take appropriate\nlegal action to collect the amount owed.\n(6) A railroad company shall be and remain in compliance with subsection (1) of this\nsection by January 1, 2029.\n(7) This section shall not alter the duties of a motor vehicle operator at public railroad -\nhighway grade crossings.\n(8) The requirements in this section constitute the sole standards with respect to\nvegetation, obstructions, and sight dis tance at public railroad -highway grade\ncrossings unless superseded by federal law or regulation.","path":["KRS Chapter 277"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=58155","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:53:29Z","sha256":"4da720672ed196762f01a7b82806602c2c5a732d0dca0a18012870a5cc3f1e83","source_id":"us-ky","stale":false,"prev":"us-ky/krs-277.190","next":"us-ky/krs-277.200"},"notice":"GroundRules: Original legal text. Not legal advice."}