Types of Work Requiring a Letter Agreement
and Maintenance Notice Letter

All work on or within 50 feet of railroad right of way needs to be cleared with the railroad. The larger railroads require a formal notice sent to them while other railroads may accept an email correspondence with acknowledgement from the railroad to clear a maintenance project. A maintenance project pertains to the maintenance of the roadway and the right of way on railroad property to preserve existing condition or to repair back to previous condition. This applies to work done by state labor or by a contractor working on behalf of the state.
Flagging
  • Projects in which the railroad company provides flagging.
    • A flagging agreement will be required between TxDOT and the railroad. This agreement is needed for TxDOT to pay the invoices submitted by the railroad.
  • Projects in which an authorized third party, hired by the awarded contractor, provides the flagging.
    • A Maintenance Notice Letter or Maintenance Consent Letter will be required. The awarded contractor pays for the third-party flagging invoices and TxDOT reimburses the contractor.
  • Projects with work parallel to or within 50 feet of the railroad right of way and no flagging required.
    • A Maintenance Notice Letter is required. No work will be done on railroad property.
Examples of work covered under maintenance projects:
  • Seal coat and pavement maintenance.
  • Overlays and inlays.
  • Striping and street sweeping.
  • Bridge inspection.
  • Minor bridge repair or maintenance.
  • Surveying.
  • Mowing.
  • Barrier or guardrail repair.
  • Installation or replacement of roadside signs.
  • Culvert or ditch maintenance.
  • Traffic signal maintenance.
  • Traffic control plans.
  • Removing rail on abandoned rail line within railroad right of way.