Spotlight on Zoning Practice
How Risky Is Your Freight Corridor Zoning?
Freight rail has been critical to the development of communities since the mid-19th century. While accidents are rare, the consequences can be dire for railway communities. A clear case in point is the disastrous 2023 derailment in East Palestine, Ohio, of a train carrying hazardous materials. Since no federal agency is responsible for managing land along freight rail corridors and states have generally delegated this authority to local jurisdictions, planners and local officials are left to address fragmented multi-jurisdictional rail issues.
As Abdul Jaffari, AICP, notes in the January issue of Zoning Practice, "Managing Development Along Freight Rail Corridors," relatively few cities, towns, and counties in North America are taking a risk-based approach to land-use planning along freight rail corridors. Calgary, Alberta, is a noteworthy exception that may serve as a model for other rail communities.
Setbacks May Not Be Enough
Many entities are involved in the development of land near rail corridors. However, most cities, towns, and counties are not using zoning in a targeted way to manage existing risks along freight corridors. As Jaffari points out, the most common zoning technique is a uniform setback, with no distinctions between rail corridors and other types of property lines or rights-of-way. However, simple setbacks are a blunt tool and may not do enough, especially in urban areas, to mitigate the effects of longer trains. Taller cars and railroads are used to meet increasing consumer demands.
Jaffari recommends that planners and local officials seek to build relationships with rail companies to better understand operational needs and potential land use impacts. This can be an important early step in developing more context-sensitive policies and standards. According to Jaffari, when parcels are individually assessed for risk tolerance, planners and local officials can tailor mitigation tactics to safely maximize development potential.
Calgary Leads the Way
Jaffari's recommendations are rooted in his experiences in Calgary, Alberta, a major freight rail hub. In 2013, a catastrophic rail disaster in the small town of Lac-Megantic, Quebec, motivated local officials in faraway Calgary to rethink its approach to permitting development along rail corridors. Jaffari, in his former role as a staff planner, led this effort on behalf of the city, which culminated in a new Development Next to Freight Rail Corridors Policy in 2018. Local officials subsequently updated Calgary's comprehensive plan and zoning code to establish compliance requirements.
Fundamentally, Calgary's rail policy is rooted in a parcel-specific assessment of risks along every rail corridor in the city and acceptable risk tolerances for different types of land uses. Instead of relying on simple setbacks, the policy establishes safety and noise envelopes that trigger mitigation requirements for defined high-density and sensitive uses. According to Jaffari, Calgary's success to date serves as proof that a risk-based approach can help railway communities balance safety and growth.
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