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 application fee* to:
   1255 Imperial Ave, Suite 1000
   San Diego, CA 92101-7490
   Attn: Right of Entry Permits
   Project location: [enter 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

*Fee Schedule

• *Access-Only: Requests for access to MTS property or right-of-way with little to no impact to MTS facilities or operations. These require minimal review and do not involve permanent changes on MTS property or within the right-of-way (e.g., maintenance of public utilities, inspections, special events, traffic control).
• *Plan Review/Construction: Requests involving significant impact to MTS right-of-way and/or property and requiring extensive review and coordination (e.g., sewer or water installation, public improvements, or other permanent changes within the right-of-way).
• Projects requiring engineering review will be billed separately.

What does the permit process look like?

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 costs associated with a permit or plan review?

• All permit and plan review requests require a non-refundable application fee. This fee covers standard MTS internal review and coordination.
• Applicants are also responsible for reimbursing MTS for any additional costs incurred during the review and approval process. Typical additional costs may include engineering review, flagging protection, power-downs, additional staff review and coordination, and other project-related expenses.
• All invoices must be paid within 30 days of the invoice date and prior to issuance of any permit or Plan Review Acceptance (PRA) letter.
• For large construction projects requiring significant MTS staff time and/or extensive engineering review, MTS may require a review deposit at the time a permit or plan review submittal is accepted.

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. For more information on license agreements and license fees, please see the MTS Real Estate License page.

What are the permit insurance requirements?

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

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 $39.76 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

• MTS NCTD Railroad Relations Insert
• Work Plan Guidelines for Access-Only Permits
• Work Plan Guidelines for Construction Permits
• Plan Requirement Guidelines
• Safety Training
• Standard Construction Notes
• MTS Shoring Standards
• MTS Jack and Bore Construction Notes
• MTS Excavation Requirements
• MTS SDTI SDAE Railroad Relations Insert
• Additional Jack and Bore Notes within NCTD Operations
• Right of Entry Permit Cases
• Example Plan