Section 1: Overview

Right of Entry Agreement

All
Class I
 and some shortline railroad companies operating in Texas require
an agreement with contractors to perform work in the railroad's right of way. One of these agreements is a Right of Entry Agreement. Examples of work that will require a Right of Entry include
:
  • Bridge construction.
  • Concrete repair on railroad right of way.
  • Widening a roadway over an at-grade crossing.
  • Adding sidewalks
    or shared use pathway
     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.
  • Surface work across tracks.
TxDOT is not a signatory party in these Right of Entry Agreements. This is a two-party agreement between the railroad company and
an awarded
 contractor after a C&M or
maintenance
 agreement has been executed by the state and the railroad company. TxDOT has agreed to facilitate Right of Entry Agreements
for Union Pacific Railroad. Refer to the Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges, Item 5, Article 8.3 for more information
.
If a Right of Entry Agreement is required, the contractor cannot begin work within railroad right of way until a fully executed
Right of Entry Agreement is obtained. Information for the railroad requirements for Right of Entry Agreements on each project can be found on the Scope of Work Sheet
.
Union Pacific Railroad Maintenance Consent Letters with Contractor Endorsement is covered in Chapter 3, Maintenance Projects.

Process for Obtaining a Right of Entry Agreement

The flow chart depicts the process for obtaining a Right of Entry Agreement on a construction project.
Project steps and time frames vary depending on 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