Clearance required for tracks
N.D. Cent. Code § 49-10.1-13
in effect49-10.1-13. Clearance required for tracks
No person unless authorized by the commission shall erect or maintain on any railroad track
or railroad right of way any:
1. Fixed or permanent structure or obstruction at a distance of less than eight feet [2.44
meters] from a railroad track, measured from the centerline of the track.
2. Bridges, viaducts, or any other obstructions passing over and above a railroad track at
a height less than twenty-one feet [6.40 meters], measured from the top of the track
rail. The commission, upon application and after a thorough investigation, may permit
any person to which this section applies to erect or reconstruct and maintain any such
facility at a lesser clearance than herein provided for when in the judgment of the
commission the compliance with the clearance prescribed herein would be
unreasonable or unnecessary and when a lesser clearance than that hereinbefore
provided for would not create a condition unduly hazardous to the employees of such
railroad or any other person. Station freight house platforms which have a vertical
height of not more than four feet [1.22 meters], measured from the top of the track rail,
may be erected and maintained at a less distance from the center of the track which
they adjoin than herein specified.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t49c10-1.pdf#nameddest=49-10p1-13Fetched: 10/16/2026