MOUNT VERNON — The proposed closure of the railroad crossing at Hickox Road — opposed by farmers and local government — won’t happen quite the way Burlington Northern Santa Fe had hoped.

A compromise ruling Wednesday by a judge for the Washington Utilities and Transportation Commission will keep the road open at the crossing, but only as private access to properties on the west side of the BNSF rail right of way.

Officials who opposed the closure were unable to convince the judge to keep the crossing open to the public. The order recommends that the crossing be maintained for use by emergency vehicles and for flood evacuations. The crossing could also be used by nearby Western Valley Farms during harvest season, according to the order.

Exactly how and when the crossing could be used would be the subject of negotiations between Burlington Northern Santa Fe and officials from Western Valley, the city of Mount Vernon, Skagit County and Fire District 3, based in Cedardale.

“We wanted it to remain open to the public. This is not good news, this is just a compromise from our standpoint,” said Mount Vernon attorney Gary Jones, who represents Western Valley Farms.

District 3 Fire Chief Glenn Harman was pleased with the outcome. His response vehicles routinely cross the rail line going west from the Cedardale station on East Hickox Road. Response times would increase by two to four minutes if the crossing were removed, Harman said in testimony before the Utilities and Transportation Commission.

“If that’s how they’re going to provide emergency access, so we can keep our response time to what our taxpayers are accustomed to down there, we greatly appreciate it,” Harman said in an interview.

The judge’s order also required certain safety improvements. BNSF is required to install flashing lights and blocking gates at the Stackpole Road crossing, one mile to the south. A traffic study determined that a majority of drivers would be diverted to that crossing once Hickox is closed to the public.

The railroad company must also pay for road improvements and other measures to convert Hickox Road to a private crossing.

Any party disagreeing with the judge’s decision may appeal for a hearing before the full Utilities and Transportation Commission board. Without an appeal, the judge’s decision becomes final in 20 days.

BNSF spokesman Gus Melonas declined to comment, except to say the matter was under further review by BNSF management.

The railroad company filed a petition to have the crossing closed 14 months ago, after the state Department of Transportation decided to extend a siding so that it would cross Hickox Road.

The siding extension is intended to improve Amtrak and freight train service. Trains can be delayed at sidings for hours, prompting BNSF to request that the crossing be closed.

Four Amtrak passenger trains and about a dozen freight trains travel through Mount Vernon every day.

* Ralph Schwartz can be reached at 360-416-2138 or rschwartz@skagit valleyherald.com.