Minnesota Statutes Carriers (Ch. 217-222) § 219.47. Clearance exceptions

Subdivision 1. Permanent.The commissioner of transportation, upon application made, after a thorough investigation, may permit a common carrier, person, or corporation to whichsections 219.45to219.53apply, to erect an overhead or side obstruction closer to the track than provided for insection 219.46, to construct track at less clearance than provided for insection 219.46, and to reconstruct and maintain them when in the judgment of the commissioner compliance with the clearance prescribed insection 219.46is unreasonable or unnecessary or the erection or construction of the overhead or side obstruction or tracks or the reconstruction and maintenance of them at less clearance than provided insection 219.46will not create a condition unduly hazardous to the employees of that common carrier, person, or corporation. Before taking final action on the application, the commissioner need conduct only those hearings or other proceedings as it finds necessary for the resolution of the material issues raised by the application.

Subd. 2. Temporary.The commissioner, upon application made, may grant temporary clearance variances, with appropriate safeguards and without hearing, for statutory encroachments resulting from emergency or temporary construction situations.