Railroad Crossing and Occupancy Permitting: What Developers Need to Know

Introduction

Railroad (RR) crossings may seem like a minor piece of a larger infrastructure project, but they often become one of the most time-intensive and complex parts of the permitting process. Whether your project involves a utility line, a pipeline, or access road construction, railroad right-of-way (ROW) coordination can introduce unexpected costs, design revisions, and schedule delays if not handled early.

This article will cover some key considerations to keep in mind before you plan your next crossing.

Identify the Right-of-Way Owner and Their Permitting Process Early

Most railroad owners have well-defined and documented permitting processes, often available online or through their real estate or engineering departments. One of the first steps should always be to confirm the RR ROW owner and obtain their latest permitting requirements and forms.

Because utility crossings of linear railroad tracks are common, these processes are usually standardized, but each railroad may have its own nuances and submittal expectations. Engaging early helps you align your design and schedule with their process timelines.

Construction Access Is as Important as the Utility Crossing

When crossing by a utility line, it’s not just about how the line goes under or over the tracks. You also have to consider how your equipment and crews will physically access the crossing during construction.

Is there an existing at-grade crossing nearby that can be used? Or will you need to request a new temporary or permanent at-grade crossing?

New at-grade crossings are generally far more difficult to get approved than utility line crossings. Identifying viable access points early can save months of back-and-forth with railroad owners.

Crossing Design: Don’t Assume “Typical” Means Approved

Every railroad has its own engineering specifications for crossings. A design that meets Department of Transportation or municipal standards may not satisfy a railroad’s criteria. Factors such as the depth of burial, encasement type, material specifications, and offset from the track centerline are tightly controlled. Some railroads may also require sealed drawings prepared by a licensed professional engineer.

Before finalizing your design, verify that it meets the railroad’s most current standards. This can save weeks of resubmittals and redesign later.

Be Prepared for Significant Costs

RR permitting often turns out to be more expensive than project teams anticipate. In addition to application and review fees (which can run into the thousands of dollars), some owners also charge annual license or rental fees for the life of the crossing that can amount to tens of thousands of dollars each year.

Accounting for these costs upfront during project budgeting prevents sticker shock and helps maintain financial accuracy throughout project development.

Coordinating with Other Jurisdictions

Many rail corridors run parallel to rivers or highways, which means your project may require multiple overlapping permits. A directional drill, for example, might pass under both a river and a railroad simultaneously. In such cases, you must coordinate your river and railroad crossing permits together, often involving multiple federal and state agencies.

Similarly, where your route approaches the railroad crossing through road rights-of-way or private land, you may need additional approvals. This can require close coordination between your permitting team, land team, and local road authorities to secure bore pit access and excavation permissions.

The Value of Early Coordination

The complexity of railroad permitting lies in the number of stakeholders involved. Success depends on early engagement with the railroad’s property department, engineering consultants, and nearby jurisdictions.

Starting this coordination early allows teams to anticipate design constraints, align multiple permits, and manage railroad response timelines, which can range from several weeks to several months depending on the owner’s workload.

Final Thoughts

Railroad crossing and occupancy permitting requires early planning, clear communication, and attention to detail. From confirming ownership and reviewing design standards to coordinating access routes and related permits, every step can influence project timelines and budgets.

By anticipating these challenges early and aligning designs with each railroad’s specific requirements, project teams can reduce delays, manage costs effectively, and keep construction moving smoothly toward completion.