by jurtz
While you might be able to convince someone to "sell" you some old creosoted RR ties to take home for your landscaping project, doing so is prohibited by the NYS DEC. See https://www.dec.ny.gov/chemical/42394.html
Key section as it pertains to creosote railroad ties:
"If the railroads or utility companies maintain control or ownership of the materials, the wood treated with creosote can be repaired, reused or stockpiled for reuse. These items can also be sold or marketed to other exempt entities for reuse. However, the items must continue to be used for their intended purpose. For example, a railroad company can sell railroad ties to another railroad company for reuse as railroad ties, but, if the item is unable to be repaired or reused, it must be disposed of as waste in a permitted landfill or combustion facility."
My guess is if a stranger came up to a crew and asked to buy some of the old ties, they would probably be told no for this reason. Your mileage may vary.
Key section as it pertains to creosote railroad ties:
"If the railroads or utility companies maintain control or ownership of the materials, the wood treated with creosote can be repaired, reused or stockpiled for reuse. These items can also be sold or marketed to other exempt entities for reuse. However, the items must continue to be used for their intended purpose. For example, a railroad company can sell railroad ties to another railroad company for reuse as railroad ties, but, if the item is unable to be repaired or reused, it must be disposed of as waste in a permitted landfill or combustion facility."
My guess is if a stranger came up to a crew and asked to buy some of the old ties, they would probably be told no for this reason. Your mileage may vary.