Many photographers will be surprised to know that it is not legal to walk on the railroad tracks (except to cross at a designated pedestrian or roadway crossing) and it is not legal for a photographer to use the railroad tracks (or right-of-way) as a background if it requires entering private railroad property.
These activities constitute trespassing under U.S. federal guidance and state laws. Below is a clear summary based on official sources.
Generally-Accepted Laws, Rules, and Regulations (U.S. Focus)
Railroad tracks and the surrounding right-of-way (ROW) are private property owned by the railroad companies (e.g., Union Pacific, BNSF, CSX, Norfolk Southern). The Federal Railroad Administration (FRA) and railroad industry enforce consistent rules nationwide:
Federal Railroad Administration (FRA) Position: It is illegal to access private railroad property anywhere other than a designated pedestrian or roadway crossing. Trespassing is defined as illegally entering or remaining on the railroad right-of-way. This includes walking along or across tracks as a shortcut, loitering, or any recreational activity (explicitly including taking photographs, jogging, bicycling, hunting, or using off-highway vehicles). The FRA states that recreational activities like photography are considered trespassing.
Trespassing Applies Broadly: The ROW can extend significantly (railroads often claim ownership up to 25–200 feet from the track center, depending on location). Even land “near” the tracks may be private. “Abandoned” tracks are still railroad property unless officially transferred to public use. There is no general public right to use tracks or ROW for any non-crossing purpose.
State Laws: Every U.S. state treats unauthorized presence on railroad tracks/ROW as criminal trespass (typically a misdemeanor). Penalties commonly include fines of $100–$1,000+, possible jail time, and arrest. Enforcement varies by location, but railroads and local police actively patrol and cite violators.
- Railroad Company Policies (examples; all major carriers follow similar rules):
- Union Pacific: “Stay off Union Pacific Railroad property, including tracks, bridges, buildings, and signal towers.” Violators receive citations for trespassing. UP will seek removal of any published photos or videos taken in violation. Photography from public property is allowed only if you do not enter railroad land.
- Amtrak: Tracks, right-of-way, and related areas are “restricted areas.” Photography/video is prohibited there. Violations can lead to investigation, arrest, and seizure of equipment. Public areas (e.g., ticketed station platforms) allow limited photography; commercial shoots require prior approval (rarely granted to private citizens).
- BNSF and others: Explicitly warn that taking pictures on tracks is illegal and dangerous.
Photography-Specific Rules:
Taking photos or videos on or near the tracks (including using them as a background for portraits, engagements, or shoots) is trespassing. Railroads and safety groups (e.g., Operation Lifesaver) repeatedly state: “No photo is worth the risk.” Some companies request takedown of online images shot on their property. Shooting from public property (e.g., a roadside or public overlook, without stepping onto railroad land) is generally legal.
Safety Context (Why the Rules Exist): Trespassing is the leading cause of rail-related deaths in the U.S. (more than 500 fatalities per year). Trains can approach from either direction at any time, take over a mile to stop, overhang the tracks by 3+ feet, and are quieter than expected. Even standing near the tracks is dangerous.
These are the generally accepted national standards in the United States. Laws can have minor state-by-state variations in penalties or exact wording, but the core prohibition is universal. Internationally, similar “no trespassing” rules apply in most countries with major rail networks (e.g., Canada, UK, EU), though enforcement details differ—always verify locally.
Is it legal to walk on the railroad tracks?
No. It is illegal except when crossing at a designated, marked pedestrian or roadway crossing (and even then, only to cross promptly—no walking along the tracks or loitering). Any other presence is trespassing and carries legal penalties plus extreme safety risks.
Is it legal for a photographer to use the railroad tracks as a background for photography?
No, if it requires you (or your subjects) to enter the tracks or railroad right-of-way. This is trespassing under FRA guidance and state law, and railroad companies explicitly prohibit it. You may legally photograph trains/tracks from public property only, without entering private railroad land.
Recommendation: Never enter railroad property without explicit written permission from the railroad (which is rarely granted to private citizens for recreational photography). Prioritize safety and legality—beautiful track photos are possible from legal vantage points. If planning a shoot, contact the specific railroad company’s public affairs or safety office for guidance. For the most current local rules, check your state’s statutes or the FRA website.
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