N.Y. Comp. Codes R. & Regs. tit. 17, § 919.3 – Establishment of private rail crossings; approvals.

(a) The establishment of any new private rail crossing in an intercity rail passenger service corridor requires a hearing and approval of the commissioner. After application is made for such a crossing, the commissioner shall hold a hearing to determine if a new private rail crossing is justified or if an existing public or private rail crossing can be used to avoid creation of a new crossing. If a new private rail crossing is found to be justified, the commissioner shall determine the following:
1. (1) manner of crossing (either at-grade or grade separated);
2. (2) location;
3. (3) type of warning devices required; and
4. (4) apportionment of responsibility for cost and maintenance of the new rail crossing including any warning devices required.
(b) Installation and maintenance of warning devices may be made a requirement by the commissioner for any new private rail crossing established in an intercity rail passenger service corridor.
(c) Application for the establishment of a new private rail crossing or for the closure or alteration of an existing private rail crossing shall include plans, specifications and other documents as may be deemed necessary by the commissioner for the commissioner's review and written approval. All warning devices shall be in conformance with all applicable Federal, State and railroad standards.
(d) The establishment of a new private rail crossing in an intercity rail passenger service corridor to be used temporarily for construction or related purposes shall require a hearing only if determined necessary by the commissioner. If found to be necessary, all provisions of this section shall apply to the proposed private rail crossing. If a hearing is determined not to be necessary, then the provisions of paragraphs (a)(1), (2), (3) and (4) of this section, as well as subdivisions (c) and (e) of this section shall apply.
(e) If a new private rail crossing is found not to be justified and an application therefor is denied by the commissioner, all known aggrieved parties will be notified in writing by first class mail by commissioner no later than 60 days after such adverse decision. The decision of denial shall specify the exact reasons for denial of the application for establishment of a new private rail crossing.
(f) Parties may appeal an adverse decision to the commissioner. Upon a determination that closure, alteration or creation of a new private rail crossing is found to be justified; plans, specifications and any other documents deemed necessary shall be submitted to the commissioner for review and approval before any work is initiated