Chapter 8: Right-of-Entry Process

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Section 1: Overview

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Right-of-Entry Agreement

All Class 1 railroad companies and some shortline railroad companies operating in Texas require contractors to obtain a Right-of-Entry Agreement for invasive work prior to performing work on railroad right-of-way. Invasive work typically includes:

  • bridge construction
  • concrete repair on railroad right-of-way
  • widening a roadway over an at-grade crossing
  • adding sidewalks over an at-grade crossing
  • grading on railroad right-of-way
  • installing structures on railroad right-of-way such as poles, luminaires, guardrail, retaining walls, medians, curb and gutter, barriers, etc.
  • fracture critical bridge inspection
  • track work
  • core drilling
  • surveying along tracks.

TxDOT is not a signatory party in these Right-of-Entry Agreements; they are two-party agreements between the railroad company and contractor executed after a project goes to letting and after a C&M or letter agreement has been executed by the state and the railroad company. However, in order to expedite execution of Right-of-Entry Agreements and ensure construction deadlines are met, TxDOT has agreed to facilitate agreement execution of the Right-of-Entry Agreement.

If a Right-of-Entry Agreement is required, the contractor cannot begin work within railroad right-of-way until the agreement is fully executed.

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Process for Obtaining a Right of Entry Agreement

Figure 8-1 presents a flow chart depicting the process for obtaining a Right-of-Entry Agreement on a construction project.

NOTE: Project steps and time frames will vary depending on the scope of the project.

Right of Entry Agreement Flow Chart (click in image to see full-size image)

Figure 8-1. Right of Entry Agreement Flow Chart

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