(a) The lowest part of a structure built over the tracks of a railroad, including a bridge, viaduct, foot bridge, or power line, may not be less than 22 feet above the top of the rails of the tracks.
(b) A structure, including a platform or fence, or material may not be built or placed so that any part of the structure or material is less than 8-1/2 feet from the center line of a railroad track, including a main line, spur, switch, or siding.
(c) The lowest part of a roof projection constructed for any purpose may not be less than 22 feet above the top of the rails of a railroad track and the horizontal edge of the roof projection may not be less than 8-1/2 feet from the center line of the track.
(d) Transportation Code, §191.001 and §191.002 and the requirements of this section do not apply to engine houses or buildings into which locomotives or cars are moved for terminal inspection, attention, or repairs.
(e) Waiver of Provision.
  (1) An individual or entity may apply for a waiver from the requirements of Transportation Code, §191.001 and §191.002, or this section, on a form to be prescribed by the department and provided on the department web site.
  (2) The department shall process the application and submit it to the commission for final action. The commission shall grant, grant in part, or deny the waiver request. The commission may require appropriate measures such as posting warning signs and giving notice to railroads that use the facility.
  (3) If the applicant does not provide sufficient information to evaluate the waiver request, the commission will deny the request.
  (4) The applicant is not entitled to a contested case hearing, and there is no right to appeal the commission decision.

Source Note: The provisions of this §7.36 adopted to be effective January 5, 2006, 30 TexReg 8993; amended to be effective April 1, 2011, 36 TexReg 1690; amended to be effective July 20, 2016, 41 TexReg 5247