Right of Entry

When is a permit required?

A Right of Entry Permit is required under the following conditions:

  • When entering MTS property or the right-of-way occupied by MTS/SD&AE facilities (including airspace).
  • When working within 15 feet of the MTS right-of-way, defined as the area extending 15 feet from the nearest rail operations.
  • When equipment or personnel from an adjacent project have the potential to interfere with the tracks or MTS facilities.

Project plans and specifications must receive MTS approval before permit issuance. For any questions related to permits, please contact mtsrow@sdmts.com.

Not quite ready for a permit? Don’t have a contractor on board? Request a review of your project plans

If the applicant seeks input on design plans for a project within the MTS right-of-way, a plan review will be completed. Upon completion and approval of the review, MTS will issue a formal plan review acceptance letter. Those contracted to construct the project will be responsible for obtaining and adhering to the terms of the Right of Entry Permit.

How do I submit a permit or plan review application?

  1. Complete the online Right-of-Entry Permit application form
  2. Mail the required $750 application fee to:
    1255 Imperial Ave, Suite 1000
    San Diego, CA 92101-7490
    Attn: Right of Entry Permits
    Project location: [your project location]
  3. Provide the required documentation:
    • Vicinity Map showing the project limits, staging area, and distance from the tracks (for example a marked-up aerial view taken from Google)
    • Project Plans
    • A detailed work plan (please refer to the work plan guidelines under "Helpful Resources and Documents")

IMPORTANT NOTE: The review process will not begin until the application fee is received.

Start Right-of-Entry Permit Application

What does the permit process look like?

Submit application, applicable fees, required plans and supporting documents

  1. CONSTRUCTION

    Construction permit applications within the ROW or within the track influence zone are sent for engineering review.

    After plans are approved and stamped, application is reviewed internally by stakeholders.

    1. Once approved and:
      ↓
      • License agreement is signed*
      • Insurance requirements are met
      • All permit related fees are paid

      ↓

      MTS issues permit
      Pre-construction meeting is required
      *if applicable

  2. NON-CONSTRUCTION

    Non-construction activities will be reviewed interally by stakeholders.

    1. Once approved and:
      ↓
      • Insurance requirements are met
      • All fees are paid

      ↓

      MTS issues permit

How long is the permit or plan review process?

The time from application submission to approval varies based on the request type, the accuracy and completeness of the information provided to MTS, and other factors. Typically, the review period takes 6-8 weeks.

What are the costs associated with a permit or plan review?

There is a non-refundable $750 application fee for all permit and plan review requests. Additional fees will be invoiced for engineering plan review, coordination, staff time, safety measures, and other project-related costs. All invoices must be paid within 30 days of the invoice date.

When is a license agreement required?

Licenses are required by MTS so that third-party crossings do not restrict MTS’ ability to expand transit capacity. Generally, a license agreement, or similar land right, is required when new permanent facilities are installed on MTS property or within the MTS right-of-way. The license agreement is subject to MTS staff approval and may be subject to annual fees. Right of Entry Permit requests to maintain or modify existing facilities should include the existing license granted to the facility owner by MTS or the San Diego & Arizona Eastern Railroad. If no license is found for an existing facility, a new license may be required.

What are the permit insurance requirements?

All permittees must obtain insurance that is equal to or greater than the following insurance requirement threshold amounts: 

Commercial General Liability Threshold
Any exclusions relating to performance of operations within the vicinity of any railroad, bridge, trestle, track, roadbed, tunnel, underpass, or crossing must be deleted by endorsement from all policies.
Commercial General Liability: Per occurrence Threshold: Not less than two million dollars ($2,000,000)
General Aggregate Threshold: Not less than four million dollars ($4,000,000)
Automobile Liability Threshold
Any exclusions relating to performance of operations within the vicinity of any railroad, bridge, trestle, track, roadbed, tunnel, underpass, or crossing must be deleted by endorsement from all policies.
Automobile Liability: Bodily injury and property damage including coverage for all owned, non-owned, and hired vehicles Threshold: Not less than two million dollars ($2,000,000)
Worker’s Compensation
Worker’s Compensation: Not less than what follows the applicable statutory requirements
Railroad Protective (if applicable) Threshold
Railroad Protective (if applicable): Per occurrence Threshold: Not less than three million dollars ($3,000,000)
General Aggregate Threshold: Not less than six million dollars ($6,000,000)
Insurance certificates must note MTS and all applicable railroad companies as additional insureds. Certificates will not be accepted if the thresholds do not meet the required threshold amounts and/or the applicable railroad companies are not listed as additional insureds.

Important notes for working within the MTS right-of-way

  • Flagging is required when working within 15 feet of the tracks. A completed SDTI Flagperson/Right-of-Way Work Request form should be submitted a minimum of three business days before the anticipated work start date. The cost for flagging is approximately $35 an hour per flagperson and is subject to change every fiscal year. Billing will be directly from SDTI to the Permittee and is separate from the Permit fee.
  • The permittee must submit a detailed construction schedule that should include the number of days anticipated to work in the MTS right-of-way and the time and lengths of each shift. Any project impacting bus operations must be coordinated a minimum of 5 business days in advance.
  • Contractors and other non-railroad employees who perform work fouling any track or occupying the right-of-way must attend the roadway worker safety training course and maintain a copy of the Roadway Worker Protection Plan at the work site. You can find more information on our safety training website.
  • A pre-construction meeting is required with MTS before starting the permitted work within the right-of-way. You must submit a written notice of your planned start of work a minimum of five business days before work starts in the right-of-way. All work will be stopped, and you will not be allowed in the right-of-way without proper notification.
  • Contractors must follow the construction and safety standards we require of our contractors when working within the right-of-way.
  • Contractors must provide written notice that work has been completed per the permit.
  • Contractor must provide a set of as-builts (hard copy and electronic file upon request) after work is completed

Helpful Resources and Documents