Updated Oct 3, 2023     

Kudo’s to the Knobstone Hiking Trail Association (KHTA).  Without their involvement and support, we would have most likely never gotten to this point.  The railroad crossing closure eliminated pedestrian access to the Tecumseh Trail. KHTA and local advocates of the re-opening also avoided the need to take legal action to challenge the decision by the commissioners.

A little history – audio (0:29:55 – 0:54:16 minute mark) from the June 17, 2020, Commissioner Meeting where residents learned of the closing after the fact with no notifications. Comments by the commissioners and highway superintendent included statements that have since been proven inaccurate.  Indian Hill Road residents question railroad closing,   Suzannah Couch – July 16, 2020 

• • Transcript of the audio – discussion on the closing:  June-17-2020_2pdf
    • Tecumseh-Closure-june-17-2020_Biddle-Magner-dialogue_2
    • Facebook – BCM-Dialogue-March-2021_2 – Highlighted  … Pittman, Shuck, Ruff
  • A better process – Starke County. The response and actions taken by Starke County commissioners and their attorney when they received a request to close a railroad crossing:   StarkeCountyINSummary_2

Jan 17, 2024. Commissioner Meeting.

• • Indian Hill Re-Opening.  Jerry Pittman – Keywords: “still alive, major obstacles, costs and source of funding unknown, logistical considerations in meeting state specs, almost impossible, may have to buy land, may impact Bean Blossom Creek which is controlled by DNR, not sure where this will end up at this time, whatever happens, commissioners made a good effort, more to follow. ”
  • 1:45:15 Audio – Indian Hill Update – Jerry Pittman – Lenght 1:27
  • The decision to close – Part 1: Closure – Railroad Crossing – Indian Hill Rd

Sep 29, 2023. INDOT Response to the petition to re-open.  INDOT returned the crossing to the county and approved re-opening based on several (14) conditions. The ruling as well as one or more of the conditions, can be appealed by the county and/or railroad.  This post at the Facebook group – Brown County Matters.

• • INDOT-RR-2494_Indian Hill.Final (signed)
  • INDOT Exhibits A and B, DOT-RR-2494
  • Q: Does INDOT determine what signalization/signage is required at new crossings it approves or is it the local unit of government controlling the road that decides? If so, what is the statutory/administrative code authority for this?   A:   INDOT has the authority to decide. Relevant Statutes:  Grade Crossing Signalization Requirements
    • IC 8-6-7.7-4 Warning signals; costs; installation; time; civil penaltiesSec. 4. (a) The Indiana Department of Transportation, whenever it orders the construction, installation, replacement, relocation, modernization, or improvement of automatic train-activated warning signals, may prescribe the division of the costs of the equipment, the installation of the equipment, the construction, and the operation and maintenance of the equipment between the railroad and the public. The share of the costs allocated to the public shall be paid with funds appropriated to the department for such purpose. In allotting the costs, IC 8-23-5-2 applies except as provided in subsections (b) through (c).

      (b) Whenever a grade crossing not protected by automatic warning signals is ordered so protected, the department shall prescribe the division of the cost of the equipment, its installation, its operation and maintenance, and its construction between the railroad involved and the public, giving due regard to the net benefits received by the parties, and the causes creating the need for signals at the crossing.

      (c) The physical work of constructing, installing, replacing, relocating, modernizing, or improving, and thereafter operating and maintaining automatic warning signals under order of the department shall be performed by the railroad involved. All orders of the department relating to the signals shall provide for allocation among the parties involved for the extraordinary costs of signal repair or replacement if they are damaged or destroyed by accident or external causes.

Sep 21, 2023. INDOT will be making a decision to re-open the crossing or keep closed by the end of this month. Their  Order will provide information regarding making an appeal.  The reference cited is Indiana Code 4-21.5-3.

Aug 25, 2023. New. Farm Bureau Policy of requiring Public Hearings for any public road decommissioning longer than 30 days.  The intent is to lobby the state legislature to make this a public law.

Aug 8, 2023. Knobstone Hiking Trail Association (KHTA)Tecumseh-Closure-Rebuttal-Analysis-KHTA_Final

Aug 4, 2023 – Responses to Indiana Railroad Company Objections to County’s Petition to Re-Open

• • Brown County Response to Objection by INRD

July 24, 2023. Knobstone Hiking Trail Association (KHTA), Tecumseh-Closure-Outreach-Summary

July 23, 2023. IAC-5-10-16.  Page 46 with highlights

July 15, 2023. Review of past dialogue – March 25-30, 2021  Much has been learned by all over the issue of the crossing, information not known, mistakes made and admitted, and efforts underway by the commissioners and volunteers to correct. bcm-fb-dialogue-crossing-closure

July 15, 2023. US Dept of Transportation, Federal Railroad Administration. Compilation of State Laws and Regulations Affecting Highway-Rail Grade Crossings, 7th Edition

July 11, 2023. A very useful guide to statutes in the 50 states: PDF 13-020358 Compilation of State Laws final (3.2014)/    or …. Link to the Guide: 

July 10, 2023. INDOT Timeline. With the current timeline INDOT will have an order issued no later than September 31, 2023 without any further delays. (Ref: email – Tom R. Rueschhoff,  /P.E., PMP, Senior Rail Project Manager, Rail Programs Office).  This post at Brown County Matters: https://www.facebook.com/groups/1749284288485538/posts/6457826084297978

• • May 2019 – INRD’s request to Brown County to close the crossing.
  • May 2020 – Brown County Commissioner approved the closure of the crossing.
  • April 2020 – Signed agreement between INRD and Brown County.
  • Sept. 2020 – Brown County submits a request for funds from Rail Programs Office for a crossing closure.
  • April 2021 – Crossing closure agreement signed by Brown County and INDOT.
  • June 2023 – Brown County submits Petition to INDOT to open a new crossing.
  • June 2023 – INRD submits an objection to Brown County’s Petition for opening a new crossing.
  • June 2023 – Brown County and INRD request a 30-day extension/delay in INDOT’s Order process.

 July 8, 2023. DOT – FRA Inventory

• • DOT 292 191S_Inventory_Report  — the crossing to the West of Trevlac, off of SR-45, which carries traffic for the North shore of Lake Lemon.
    • DOT# 292 191S: As of 2018, the Annual Average Daily Traffic (AADT) = 525
  • 292193F_inventory_Report –  the crossing along Indian Hill Road
    • DOT# 292 193F: As of 2018, the Annual Average Daily Traffic (AADT) = 250

July 5, 2023. INDOT has extended the deadline responding to Indiana Railroad Company’s (INDR) objections to the re-opening.  This post at Bround County Matters

• • “Since Brown County and INRD has requested a 30-day extension to pause INDOT’s Order process, and this request has been approved by INDOT, the current deadline for anyone wanting to submit a rebuttal to the railroad’s response submitted by INRD on June 20, 2023 has been extended until Friday July 28, 2023.    This date has been extended from the original 10 days that was discussed at the onsite field meeting held on Wednesday, June 28^th.  “Ref: Email, Tom R. Rueschhoff, P.E., PMP, Senior Rail Project Manager, Rail Programs Office, Indiana Department of Transportation

July 4, 2023. Additional research on INDOT Options:

• • Indiana Administrative Code, TITLE 105 INDIANA DEPARTMENT OF TRANSPORTATION
    Latest Update: July 3, 2023, Article 5, Railroads. Administrative Rule 105 IAC 5-10-1 thru 105 IAC 5-10-2 pertaining to IC 8-6-7.7-3.1. Two items in this Administrative Order stand out:

• • • (14) The proposed crossing will provide improved safety access for emergency vehicles. The department requires documentation from the highest emergency response official whose jurisdiction is located where the crossing is proposed for opening.
    • (16) While a new crossing may not satisfy the conditions listed in this section, if it can be shown by evidence that there are extenuating circumstances which, in the opinion of the department, a new crossing would still be justified, it would be approved. 
  • Article 5 Railroads 105 IAC 5-1-1 Policy thru 105 IAC 5-10-2  (T01050-A00050)
  • IC 8-6-7.7-3.1 Duty of department to specify criteria; considerations in applying criteria (Highlights 9 of IC IC 8-6-7.7-3.1 and  item 14, 16 of IC 105 IAC 5-10-1)

June 28, 2023 10 am Site Visit.  This entry at Brown County Matters

• • INDOT facilitated a site visit to the Indian Hill Rail Road Crossing.  Excellent meeting – all the key points were discussed. Representatives included all stakeholders that provided input into the county’s petition to re-open (copy of petition below).  The Indiana  Rail Road Company (INDR) has filed its rebuttal to the petition and those advocating for re-opening have until next Friday to provide their response.
  • The president of the INDR emphasized the importance of safety.  However, the crossing is rated as low risk by the Feds and there is no record of accidents at the site. Access to the Tecumseh Trail started over 20 years ago with no reported incidences of any safety issues. The INDR president identified that pedestrians with “earbuds” would pose a safety risk.  Hard to believe that someone listening to music would not know they are crossing a railroad track and would need to look both ways before crossing.  Rail Road suggested options such as going under (tunnel), over, or around – in other words, keep it closed.
  • Interesting that INDOT has the responsibility for considering re-opening a crossing but did not have any role or input into the closure – this was left up to the county and INDR. This identifies an opportunity for a change to the process. They should at least look at the “case file” related to a closing to look for issues that may lead to them having to be involved at a later time – such as in this case.  A lack of a county public hearing on the closure would be a good indication that not all relevant facts may have been considered.
  • Site Meeting Cover Letter DOT-RR-2460_06-14-23 Transportation (INDOT), Rail Programs Office has been assigned this cause Docket No.: DOT-RR-2494. …. In accordance to Indiana Code 4-21.5, the Rail Office will conduct an onsite meeting to discuss and obtain general information concerning the above-captioned matter. The meeting is set for Wednesday June 28, 2023 at 10:00 A.M ( EST), and will commence at the proposed railroad-highway at-grade crossing located at Indian Hill Road approximately 800 feet south of SR 45 in Brown County. Propose parking along the edge of Indian Hill Road north of the INRD tracks.  If you have any questions, please do not hesitate to contact me at 317-691-3126 or email at  trueschhoff@indot.in.gov
  • DOT-RR-2494 Petition w Exhibits A-D_Brown Co_INRD_Indian Hills Rd
  • Interested Party Form Request for Notice in Rail Proceeding

June 20, 2023. Verified Objection to Petition by Indiana Rail Road Company (INDR). INDOT Indian Hill RR Crossing – INRD Response in Opposition to Re-Opening

Appreciation also to Councilman Scott Rudd who took the initiative to make the successful case for the need to re-open the crossing.

• • April 27, 2023. Commissioners to pursue petition for reopening of railroad crossing; Council member makes presentation; state officials have voiced support, Brown County Democrat.

26 May 2023.  Petition – via County Attorneys to Re-Open the Crossing

• • Revised Petition – 2023_06_05 Petition to Open Crossing – Brown County Indian Hill Road (If you compare with prior version, there are changes (at least) to last page.)
    • Older Version: Petition to Open Crossing – Brown County, Indian Hill Road
  • INDIAN HILL ROAD-11×17 -EXHIBIT-A
  • Exhibit B. Maps
  • Exhibit C. 105 IAC 5-10-1 Responses
  • Exhibit D. Letters of Support

Letters of Support

Source page for all letters: Part 2. Closure RR Xing, Indian Hill Rd. Opening up the Tecumseh

Letters advocating that the crossing be reopened:

• • KHTA to INRD (May 26, 2021)
  • Rep. Matt Pierce (July 8, 2021)
  • KHTA to INRD (August 3, 2021)
  • Rep. Chris May (August 6, 2021)
  • DINO (August 9, 2021)
  • Legislative Trails Caucus (September 20, 2021)

Background Information

• • Part 1: Closure – Railroad Crossing – Indian Hill Rd
  • Part 2. Closure RR Xing, Indian Hill Rd. Opening up the Tecumseh

  • Part 3. Closure RR Xing, Indian Hill Rd