How to Handle Dealing with a Railroad on Your Project

What is the best way to deal with something you don’t want to deal with? Taxes…cleaning the garage…visiting your in-laws at the holidays…and needing a permit from a railroad to work in or around their property – every one of these is something that is generally avoided or put off until the last minute.

Why?

Because each of these is something we know we ultimately don’t want to do, but, alas, we have to.
Clinchfield Consulting Group was started to serve the freight rail industry. Our team, myself included, is comprised of former Class I railroaders or those who have built a career serving the rail industry. We cater to both railroads and to outside parties, like yourselves, interacting with railroads – through engineering design (railroad track, bridge, and structures), natural resources, environmental assessments, railroad utility permitting, and various other services tailored to the rail industry.

If you have ever had a trenchless project in or around the railroad right-of-way, then you already understand the challenges when dealing with a railroad or seeking their approval for your project. Here are a few tips that will hopefully assist you the next time that happens.

One

The railroad is not your enemy…allegedly. I know, I can hear your eyes rolling. But really, they have large networks to protect. One big misunderstanding is that a railroad’s right-of-way is public property or publicly owned. In fact, those rights-of-way are, a great majority of the time, private property owned by the railroads themselves. There are exceptions to that rule, but they are not common. All that to say, if someone wanted to put a 48” auger bore beneath your backyard, would you be okay with that or would you be protective of your private property? Now with that understanding, remember that in your interactions with the railroads. They’re not trying to be difficult just because they can, they’re actually just protecting their interests and property.

Two

Railroad standards, specifications, and processes are your Rosetta Stone. Learning a foreign language is a tough task, but one that is tremendously rewarding once you do it. Learning to interact with a railroad is scarily similar in concept. AREMA guidelines and each railroad’s standards have been developed over the course of each of their histories and are mostly written from lessons learned the hard way. Whether we want to admit it or not, railroads do what they do because it works and it protects their operations and infrastructure. Said another way, their published standards, specifications, and processes are there to help you speak their language. No four-letter words, please.

Three

Protect railroad operations. This should go without saying, but the railroad’s main objective is to keep their trains running smoothly and without delay. From their perspective, their operations were running just fine until your project showed up. Ultimately, they want to keep it that way during and after your project too. Every railroad generates their revenue by moving freight. “Safety” is what they strive for as they execute their main priority of moving trains. When you propose impeding their operations, they tend to be very defensive, and rightfully so.

Four

The track roadbed is, in fact, a structure. The roadbed structure is engineered/constructed to bear and distribute the loading from every train that traverses over it. When a project proposes some means of interaction with the track roadbed, it means thorough reviews, sometimes multiple submissions, additional information requests, etc. – but it does not mean the railroad does not want to work with you. In the earlier example, if someone requested to put an auger bore underneath your backyard, would you ask for plenty of information during your consideration? If your knee jerk reaction is to say, “I wouldn’t allow that to happen”, then you’re actually sympathetic to the railroad’s view here. The difference being is that the railroad understands that they are normally the barrier that needs to be crossed and they do their best to accommodate that.

Five

Build your relationship(s) with the railroad. Ask anyone who has been around the rail industry long enough and they will tell you that relationships are critical. The construction industry is very similar in this aspect. You aren’t anyone until someone can vouch for who you are and that someone better know someone else too. Jethro Bodine from the Beverly Hillbillies famously referred to this as being “bonafied”. What’s the solution? Get to know who you’re interacting with and get involved in industry events – you’ll be surprised how much it helps.

Six

Failure is not an option. Albert Einstein said, “Failure is success in progress.” No one argues that dealing with a railroad is not tedious. In fact, the larger the railroad, it seems the more tedious it can be. Contrary to popular belief, though, it is not impossible. The spirit of engaging with a railroad needs to be one of seeking a solution that protects their operations, does not adversely impact their safety (or yours), and minimizes the time in or around their property (i.e., the right-of-way). Normally, if you can do those things within the scope of their standards, specifications, and processes – they can work with you. It is not to say that every time and every request will be approved, but this approach will get you moving towards your goal. And if you hit a bump on that road, it doesn’t mean you turn around and give up – ask questions and see if there is another path forward.

Matt Morris, P.E. is with Clinchfield Consulting Group.