Railroads vs. Local Government
How to Get Along With “Little”
Brother
Written by Rick Henderson
This is a report based on what has and is happening around the country in
our hobby. It is not a guideline of what applies in your particular area but is
intended to encourage you to consider researching locally and understanding
what works best for you.
In the U.S., there are 3,141 county [or equivalent] governments,
which of course means there may be up to 3,141 different approaches to the
acceptance of riding scale railroads within the local community. To start with,
most county zoning offices have no clue what a riding scale railroad is, other
than to compare it to an amusement park train ride and that may be the basis
for many problems. As soon as they hear “ride on train”, the image of an
amusement ride sticks into their mind and as railroad owners, often we have an
uphill battle to educate them that it is simply a private, large-scale railroad
hobby, nothing more than a big Lionel train set.
We basically have three different types of railroads, which can range in
size from a few hundred feet loop to over 30 real miles of track. These vary
from totally private to, semi-open and totally open to the public. Open to the
public railroads may be on private or public land and have scheduled open
public run days. Semi-private tracks are generally on private land but allow
organized public civic groups, such as the Scouts. These are likely a club that
has a 501c3 charity status and will allow limited public exposure. A totally
private railroad would include tracks that are only for family and friends and
perhaps the riding scale railroad community, they are not open to the general
public at any time.
Since the hobby needs to grow, or at least replace those members within the
hobby that pass on, go inactive or drop out, some degree of public exposure is
necessary to survive. This is especially important at private tracks, where
there is public exposure; after all, we all started somewhere to get where we
are in the hobby today.
The focus here is on primarily private or semi-private railroad problems.
Most public ride railroads should already have approval of local zoning, the
proper permits and insurance coverage.
Perception of a Hobby
Railroad
Your image to your neighbors, community and local government are the most
important issue to consider and project. Often, how you first present your
railroad fixes the perception of what it is. For the most part, we want others
to see it as a Private Hobby Railroad or Big Train Set. That is the
first point that should be made very clear during first contact with anyone;
neighbors, zoning boards or the guy that just stopped while driving by. Once
the thought of amusement ride gets into one’s mind, especially
some zoning official, it takes a lot of effort to re-education them. In
residentially zoned areas, if they are all accepting of your activity, they
will be happy to have you there and even grow. If on the other hand, you grow
too large, have frequent visitors or even invite the public, you are likely
going to annoy some or all.
It is important that when you get a concern or complaint from a neighbor,
you try to work with them to avoid escalating to the point the local
authorities are called in.
Some self imposed restrictions that railroad owners have found to be helpful
in maintaining a good relationship with their close neighbors include, limit
evening running, the frequency and number of visitors and adjusting your
schedule if requested by a neighbor that is planning an activity. Battery
powered only and no horns, bells or sound systems are also a growing trend.
There are even some that do not invite friends to evening gatherings who
persistently have to talk too loud.
Living with Zoning
Where the local government comes into the equation is generally in the area
of residential zoning. Some will argue that zoning laws just allow bureaucrats
more power to deal with what used to be handled under nuisance laws. Zoning
laws, especially those that apply to residential areas, are intended to protect
property value and the civil servants that administer them have a lot of
government backing and little knowledge of our hobby. One thing to keep in mind
about zoning laws; if it is not mentioned in the local law as being allowed, it
generally can easily be ruled as disallowed. Few zoning laws say anything about
riding scale railroads as a hobby. However, looking beyond our desire to have a
riding scale railroad on our private property, the local government needs to
take into consideration how all of the surrounding community, those living
there now and in the future, would be affected by such an activity. There are a
lot of other good reasons to have zoning laws, many of which may protect your
own property value. It is important to understand that zoning rules may evolve
with growth and they may not be hard and fast and forever, especially with
changing administrations.
Let’s face it; riding scale railroading is NOT your typical hobby. According
to those that have been through it, the best approach to deal with zoning is to
‘ask first’. You don’t have to give details of your plans when
just asking about zoning restrictions and allowances, so don’t be afraid to
ask. When you are ready to get into the details of planning and building, be
prepared to educate them on your plans to build a railroad, stressing it is
just a private hobby before you start. Be prepared with enough material and
sample photos of what you are planning, including how little, if any, impact it
would have on the community. Choose your photos carefully because they have a
lot of influence on people unfamiliar with the hobby; a photo of a small train
with a couple of people on a single track line presents a more acceptable image
than 50 people on a long string of riding cars pulling out of a multi-track
yard or station. By the way, in most locations, 501c3 status will not get you
around any zoning issues and in fact it could raise concerns when working in a
residentially zoned area because 501c3 organizations are intended to serve the
public, which implies attracting the public.
Do not be surprised what restrictions may be applied to your railroad. These
are some of the actual restrictions from various counties. No track within 50’
of property lines, no open-house or public rides, no fee for riding, including
any donations [this is also a restriction of some insurance companies; check
with your carrier before accepting any money]. Permits not needed for track but
are required for structures. Size limited to 1/3 scale or less. Train use
limited in various ways including as defined as "legitimate friends and family
only". While permits are not generally required for track, coming out of the
ground with a structure is viewed differently. You may be restricted on what
structures you may build, especially engine-house or car-barn structures; they
may have to be built as something else.
Victim of Success
Most railroads have few, if any, local problems and their local zoning
office may not even know they exist. Neighbors, if there are any within sight
or earshot of the railroad, are usually accepting of a private track that the
owner plays on occasionally, especially if that railroad invites the
neighbors to occasionally ride on it. When new neighbors are added to the
mix, they are often accepting of an existing railroad, simply because it was
there before they were. Where problems often first occur is when the railroad
grows either in size or degree of activity. This is categorized as “victim of
your own success” and occurs when you simply outgrow your initial local
welcome. Most often this happens when a track grows and becomes popular within
the hobby or the public. When it is popular, it attracts more visitors to run
on the track and not all visitors are as concerned with what the neighbors
think as the owner. If you host any event that requires you to bring in porta-potties,
you are likely getting too large for a residentially zoned neighborhood and may
be considered a non-private activity. Another problem may occur when you
invite the public to ride and even accept or ask for ‘donations’. At this
point, the friendly little railroad has become a nuisance within the community
and may come to the attention and question by the zoning people through a
neighbor complaint.
The number one way to attract unwanted attention is through local or
regional media. The “Human Interest Story” in a local paper, television or
local magazine, can kill a railroad. Exposure through magazines or websites
dedicated directly to the hobby attracts only our own small community of
hobbyists and would cause you no unwanted exposure but exposure in local media
brings out all those looking for a free ride for their kids. You may want to
consider a standard “Private Property” or “Not Open to the Public” signs at any
access to your layout just to deal with the passer-by riding around.
We are almost all happy to share our hobby with others active in the hobby
and the most common way today is though a website. Our websites are usually
just visited by others within the hobby; however, anyone browsing can come
across your private railroad website. While you want to hear from others in the
hobby, you do not want to also encourage the people looking on the Internet for
something to do in their area who find you. Some suggestions were given that
you may want to consider adding some of them or even all to your website to be
sure all visitors that come across the page have a clear understanding about
your railroad.
This is a
Privately Owned model railroad
This is not an amusement ride or park
It is never open to the pubic
Building
this scale model railroad is a hobby
This website is for sharing information among 1/8th scale Model Railroaders.
This website is not an advertisement
Experience Suggests
In general, as previously mentioned, most feel you should check zoning
restrictions and be up-front about what you are doing or have done. Ignoring
government agencies and hoping for the best rarely works out well. Obviously
the best way to avoid most zoning and neighbor issues is to move to the country
on a large acreage; however, this is not a practical solution for everyone.
Promote your railroad as a model or private hobby. And really consider your
neighbors before your railroad.
I would also like to thank the many people who took time to respond and
contribute once they heard I was doing the research; many of you saw references
to your own situations. Many others may find solutions to their own concerns.
Written by Rick
Henderson
Be sure to visit Rick Henderson's web site PC Rails
