Statutes, codes, and regulations
Wyoming Administrative Code
Agency 045 - Transportation, Dept. ofSubagency 0008 - Railroad and Transportation Tariffs Section
Chapter 3 - FIREGUARDS, FENCING OF RAILROAD PROPERTY AND CLAIMS FOR INJURY TO LIVESTOCK
Section 3-5 - Railroad Property Fencing

045-3 Wyo. Code R. § 3-5

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Current through April 27, 2019
Section 3-5 - Railroad Property Fencing

(See W.S. 37-9-304, W.S. W.S. W.S. 37-9-305, and W.S. W.S. W.S. 37-9-312.)

(a) Immediate or urgent fencing repairs shall be resolved as directed by state law.

(b) Farmers, ranchers, or other landowners shall notify WYDOT at the following address when fencing along railroad property is found in disrepair, damaged, or missing:

Utilities and Railroads Section, 5300 Bishop Boulevard, Cheyenne, WY 82009-3340 (telephone 307-777-4859 ).

(c) The farmer, rancher, or landowner shall provide the following information:

  • (i) The specific area (railroad mileposts) fencing is needed,
  • (ii) The type of repairs needed, and
  • (iii) The type of fencing used.

(d) After notification, the Department shall inspect the area to be fenced by driving, walking, or riding through it.

(e) The following are Commission-approved methods of repairing or installing fence:

  • (i) Stretching wires and stapling or tying wires to posts.
  • (ii) Stretching wires, replacing posts, and stapling or tying wires to posts.
  • (iii) Removing old fence materials and building new fencing that complies with W.S. W.S. W.S. 37-9-304, et seq.
  • (iv) Repairing or installing fencing that meets or exceeds Wyoming Department of Transportation fencing standards.

(f) Payment for immediate or urgent fencing repairs shall be as directed by state law.

(g) Once the railroad is notified of the problem location or area and the type of immediate or urgent repair needed, the railroad shall comply with W.S. W.S. W.S. 37-9-312(a)(ii) and W.S. W.S. 37-9-312(b).

(h) The work described in these rules shall be performed without interruption unless an emergency that requires temporarily withdrawing the railroad work force from the project occurs elsewhere on the railroad's system.

(i) Railroad companies shall repair and clean cattle guards as needed on public at-grade railroad crossings.

(j) Any railroad company failing to comply with W.S. W.S. W.S. 37-9-304(c) and the preceding fencing rules is subject to summons into the county or circuit court where the violation occurred in accordance with W.S. W.S. W.S. 37-9-302.

045-3 Wyo. Code R. § 3-5