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HB311 • 2026

AN ACT relating to railroad crossings.

AN ACT relating to railroad crossings.

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
J. Calloway
Last action
2026-04-23
Official status
04/23/26: signed by Governor (Acts Ch. 195)
Effective date
Not listed

Plain English Breakdown

Checked against official source text during the last sync.

Railroad Crossing Vegetation Removal Act

This act requires railroad companies to remove obstructive vegetation near crossings and sets penalties for non-compliance.

What This Bill Does

  • Requires railroad companies to cut or remove plants that block views at crossings, within a specific distance from the tracks.
  • Prohibits railroads from entering private property without permission to remove vegetation.
  • Allows railroads to ask the Transportation Cabinet for exceptions if removing vegetation is impossible or unnecessary due to certain conditions.
  • Gives local governments and the Transportation Cabinet the power to enforce removal of obstructive plants by sending notices to railroad companies.
  • Enables local authorities to charge railroad companies for costs incurred in removing vegetation if the company does not comply with a notice.

Who It Names or Affects

  • Railroad companies
  • Local governments and the Transportation Cabinet

Terms To Know

Right-of-way
The land area where a railroad track is located, including space around it.
Obstructive vegetation
Plants that block the view or access at railroad crossings.

Limits and Unknowns

  • Does not change the responsibilities of drivers at railroad crossings.
  • The act's requirements are the only standards unless federal laws or regulations say otherwise.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HCS1

House Committee Substitute 1

Retain original provisions, except change the distance of required vegetation removal from 600 feet to 250 feet in each direction upon a right-of-way at each public rail-highway grade crossing that is more than 30 inches and less than 20 feet above the height of the crossing, within 20 feet of the nearest rail, and within 200 feet of the centerline of the roadway; provide that a railroad company shall not be authorized or required to enter private property to remove obstructive vegetation; allow a railroad company to petition the Transportation Cabinet to waive or modify obstructive vegetation removal requirements when the terrain or other conditions make removed impossible, impractical, or unnecessary by written notice and allow the cabinet to deny or modify the written notice within 60 days; if a railroad fails to remove obstructive vegetation and receives written notice that vegetation must be removed within 30 days; provide that the cabinet or local government shall coordinate a mutually agreeable time to access the railroad right-of-way to remove obstructive vegetation pursuant to the railroad's safety processes and that a railroad company shall be and remain in compliance with obstructive vegetation removal by January 1, 2029.

Plain English: UNOFFICIAL COPY 26 RS HB 311/HCS 1 Page 1 of 2 HB031130.100 - 1563 - XXXX 3/16/2026 4:47 PM House Committee Substitute AN ACT relating to railroad crossings.

  • UNOFFICIAL COPY 26 RS HB 311/HCS 1 Page 1 of 2 HB031130.100 - 1563 - XXXX 3/16/2026 4:47 PM House Committee Substitute AN ACT relating to railroad crossings.
  • 1 Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 SECTION 1.
  • A NEW SECTION OF KRS CHAPTER 277 IS CREATED TO 3 READ AS FOLLOWS: 4 (1) Every railroad company shall destroy or remove plants, trees, brush, or other 5 obstructive vegetation upon its right -of-way at each public railroad -highway 6 grade crossing, for a distance of two hundred fifty (250) feet in each direction, 7 that is: 8 (a) More than thirty (30) inches and less than twenty (20) feet above the height 9 of the crossing; 10 (b) Within twenty (20) feet from the nearest rail or, if the r ailroad's right -of-11 way is less than twenty (20) feet from the nearest rail, the entire width of the 12 right-of-way, except for vegetation within five (5) feet of private property; 13 and 14 (c) Within two hundred (200) feet of the centerline of the roadway where it 15 intersects the centerline of the nearest track at the crossing.
  • 16 (2) A railroad company shall not be authorized or required to enter private property 17 to remove vegetation located on pri vate property to comply with subsection (1) of 18 this section.
SCS1

Senate Committee Substitute 1

Retain original provisions, except require obstructive vegetation removal from 250 feet of the centerline of the roadway where it intersects the nearest track, instead of 200 feet; require a local government contact a railroad company's agent; provide that the requirements in the section constitute the sole standards for all vegetation removal, unless superseded by federal law or regulation.

Plain English: UNOFFICIAL COPY 26 RS HB 311/SCS 1 Page 1 of 2 HB031140.100 - 1563 - XXXX 4/15/2026 10:22 AM Senate Committee Substitute AN ACT relating to railroad crossings.

  • UNOFFICIAL COPY 26 RS HB 311/SCS 1 Page 1 of 2 HB031140.100 - 1563 - XXXX 4/15/2026 10:22 AM Senate Committee Substitute AN ACT relating to railroad crossings.
  • 1 Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 SECTION 1.
  • A NEW SECTION OF KRS CHAPTER 277 IS CREATED TO 3 READ AS FOLLOWS: 4 (1) Every railroad company shall destroy or remove obstructive vegetation upon its 5 right-of-way at each public railroad -highway grade crossing, for a dist ance of 6 two hundred fifty (250) feet in each direction, that is: 7 (a) More than thirty (30) inches and less than twenty (20) feet above the height 8 of the crossing; 9 (b) Within twenty (20) feet from the nearest rail or, if the railroad's right -of-10 way is less than twenty (20) feet from the nearest rail, the entire width of the 11 right-of-way, except for vegetation within five (5) feet of private property; 12 and 13 (c) Within two hundred fifty (250) feet of the centerline of the roadway where it 14 intersects the centerline of the nearest track at the crossing.
  • 15 (2) A railroad company shall not be authorized or required to enter private property 16 to remove vegetation located on private property to comply with subsection (1) of 17 this section.

Bill History

  1. 2026-04-23 Kentucky Legislative Research Commission

    signed by Governor (Acts Ch. 195)

  2. 2026-04-15 Kentucky Legislative Research Commission

    posted for passage for concurrence in Senate House concurred in Committee Substitute (1) passed 98-0 enrolled, signed by Speaker of the House enrolled, signed by President of the Senate delivered to Governor

  3. 2026-04-14 Kentucky Legislative Research Commission

    posted for passage in the Consent Orders of the Day for Tuesday, April 14 2026 3rd reading, passed 38-0 with Committee Substitute (1) received in House to Rules (H)

  4. 2026-04-01 Kentucky Legislative Research Commission

    reported favorably, 2nd reading, to Rules with Committee Substitute (1) as a consent bill

  5. 2026-03-31 Kentucky Legislative Research Commission

    taken from Transportation (S) 1st reading returned to Transportation (S)

  6. 2026-03-24 Kentucky Legislative Research Commission

    to Transportation (S)

  7. 2026-03-17 Kentucky Legislative Research Commission

    received in Senate to Committee on Committees (S)

  8. 2026-03-16 Kentucky Legislative Research Commission

    3rd reading, passed 93-1 with Committee Substitute (1)

  9. 2026-03-11 Kentucky Legislative Research Commission

    2nd reading, to Rules posted for passage in the Regular Orders of the Day for Thursday, March 12 2026

  10. 2026-03-10 Kentucky Legislative Research Commission

    reported favorably, 1st reading, to Calendar with Committee Substitute (1)

  11. 2026-01-20 Kentucky Legislative Research Commission

    to Transportation (H)

  12. 2026-01-12 Kentucky Legislative Research Commission

    introduced in House to Committee on Committees (H)

Official Summary Text

AN ACT relating to railroad crossings.

Current Bill Text

Read the full stored bill text
UNOFFICIAL COPY 26 RS HB 311/EN
Page 1 of 2
HB031120.100 - 1563 - XXXX 4/15/2026 10:28 AM Engrossed
AN ACT relating to railroad crossings. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 277 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) Every railroad company shall destroy or remove obstructive vegetation upon its 5
right-of-way at each public railroad -highway grade crossing, for a distance of 6
two hundred fifty (250) feet in each direction, that is: 7
(a) More than thirty (30) inches and less than twenty (20) feet above the height 8
of the crossing; 9
(b) Within twenty (20) feet from the nearest rail or, if the railroad's right -of-10
way is less than twenty (20) feet from the nearest rail, the entire width of the 11
right-of-way, except for vegetation within five (5) feet of private property; 12
and 13
(c) Within two hundred fifty (250) feet of the centerline of the roadway where it 14
intersects the centerline of the nearest track at the crossing. 15
(2) A railroad company shall not be authorized or required to enter private property 16
to remove vegetation located on private property to comply with subsection (1) of 17
this section. 18
(3) If terrain, elevation, track or road curvature, rolling stock, structures, or other 19
objects or conditions at or near the public railroad -highway grade crossing make 20
compliance with subs ection (1) of this section impossible, impractical, or 21
unnecessary, the railroad company may petition the Transportation Cabinet to 22
waive or modify the requirements of subsection (1) of this section by providing 23
written notice describing the proposed waive r or modifications. The waiver or 24
modifications proposed by the railroad company shall replace and satisfy the 25
requirements of subsection (1) of this section unless the Transportation Cabinet 26
denies or modifies the written notice within sixty (60) days of receipt. 27
UNOFFICIAL COPY 26 RS HB 311/EN
Page 2 of 2
HB031120.100 - 1563 - XXXX 4/15/2026 10:28 AM Engrossed
(4) If a railroad company fails to destroy or remove obstructive vegetation in 1
compliance with subsection (1) of this section, the Transportation Cabinet, or the 2
local government maintaining the public road or highway, may send a written 3
notice to the railroad company's registered agent requiring the obstructive 4
vegetation to be removed within thirty (30) days of receiving the written notice. 5
(5) (a) If a railroad company fails to remove the obstructive vegetation after 6
receiving a written notice under subsection (4) of this section, the 7
Transportation Cabinet or local government shall: 8
1. Remove the obstructive vegetation by coordinating a mutually 9
agreeable time and date with the railroad company to access the 10
railroad right -of-way pursuant to th e railroad's applicable safety 11
processes; and 12
2. Recover the necessary and reasonable costs of the vegetation removal 13
from the responsible railroad company. 14
(b) The Transportation Cabinet or local government shall notify the responsible 15
railroad company of the amount due for vegetation removal by certified 16
mail. 17
(c) If the railroad company fails to pay the amount demanded within thirty (30) 18
days, the Transportation Cabinet or local government may take appropriate 19
legal action to collect the amount owed. 20
(6) A railroad company shall be and remain in compliance with subsection (1) of this 21
section by January 1, 2029. 22
(7) This section shall not alter the duties of a motor vehicle operator at public 23
railroad-highway grade crossings. 24
(8) The requirements in thi s section constitute the sole standards with respect to 25
vegetation, obstructions, and sight distance at public railroad -highway grade 26
crossings unless superseded by federal law or regulation. 27