A verdict has been rendered by the Office of the Commissioner of Railroads regarding the county’s filed complaint regarding the Highway 60/Ulao Road railroad crossing.
In October 2024, Ozaukee County passed a resolution requesting that Union Pacific (UP) repair the railroad crossing. By state statute, railroad companies must repave and repair the area between their tracks and the area within four feet on either side of the outside rails at a crossing. A railroad has 30 days to respond to this resolution, and failure to do so means the municipality can file a complaint, which it did.
This resulted in the hearing, which was held in May. Thank you to all who provided the town with emails and feedback as we were able to submit those as evidence. Ozaukee County Highway Commissioner Director of Jon Edgren also provided testimony and evidence for the hearing.
The OCR noted that “…the crossing does not function as designed with the subgrade and asphalt approaches beyond their useful service life. The County’s evidence clearly and convincingly demonstrates that the crossing is in very poor condition for highway travel. The County’s and the residents’ complaints date back more than two years. The County’s evidence shows sunken and loose concrete panels in 2022 at the westbound approach with large gaps between the panels and the asphalt within the railroad’s area of maintenance responsibility encompassing up to four feet on either side of the outside rails.7 One of those loose panels was later replaced with an asphalt patch that is now failing. The asphalt patch used for the gap between an adjacent panel and asphalt is also failing. The County’s evidence shows an almost 2-inch drop between the outside rail and the adjoining approach panel.”
The results of the ruling are as follows:
- The UP shall repair the mainline crossing at-grade of CTH Q with its tracks by fully renewing the crossing, likely to include the subgrade, in the town and village of Grafton by November 30, 2025.
- The UP shall implement a traffic control plan as determined by Ozaukee County to repair the crossing with at least two weeks’ notice to the County before starting work.
- The UP is responsible for costs assessed pursuant to Wis. Stat. § 195.60.
If you are interested in reading the complete ruling from the OCR, click here.