Chapter 8: Right-of-Entry ProcessAnchor: #i998876
Section 1: OverviewAnchor: #i998881
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.Anchor: #i998951
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.
Figure 8-1. Right of Entry Agreement Flow Chart