1. (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.
2. (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.
3. (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.
4. (d) The provisions of the Texas Clearance Law, Texas Civil Statutes, Articles 6559a-6559f, shall not apply to engine houses or buildings into which locomotives or cars are moved for terminal inspection, attention, or repairs.
5. (e) Variance. A railroad may apply for a variance from the requirements of the Texas Clearance Law, Texas Civil Statutes, Articles 6559a-6559f, or this section, on a form to be prescribed by the department. The department shall process the application in accordance with §7.42 of this subchapter (relating to Administrative Review). The department may approve an application, provided there remains adequate protection for the safety of people and equipment. The department may require appropriate measures such as posting warning signs and giving notice to railroads that use the facility.

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.