Property Access / Right of Entry

As appropriate, The Maryland and Delaware Railroad Company (MDDE) allows entry onto property owned or operated by MDDE for the purpose of construction, rehabilitation, surveying and maintenance work of various kinds. To permit the entry, MDDE will issue the proper party a Right of Entry Permit or a Contractor Indemnification Agreement, as appropriate for the situation.

Prior to entering MDDE-owned property for any reason, the following requirements must be met:

Application

A fully completed Right of Entry Application Form must be submitted at least thirty (30) days prior to any intended use of the property. However, before beginning an application, please see our Right of Entry Flow Chart to determine whether to follow the process on this page (for our Snow Hill Line), or whether you should immediately contact MTA (Centreville, Chestertown and Seaford Lines) for next steps.

Processing Fee

A non-refundable document preparation and processing fee of $500 must be submitted at the time of Right of Entry Application submission. Make checks payable to The Maryland and Delaware Railroad Company.

Exhibits/Sketches

The applicant must provide an exhibit/sketch of the property in question, with dimensions, with all applications. Planned improvements on the property, with dimensions from the nearest track, must also be depicted, with as many details or landmarks as possible to identify the premises.

Maps

A general location map of the property must accompany an application. Examples include such data as county highway maps with the location marked, USGS topographical maps with the location marked, or applicable county tax maps with the area highlighted, etc. The proposed area of access must be highlighted.

Insurance

Insurance requirements, if applicable, must be met. The types of insurance and applicable limits typically required are:

- Commercial General Liability Insurance

- Railroad Protective Liability Insurance (during construction, demolition or maintenance)

The required insurance coverage for each of the above typically ranges from $3,000,000-5,000,000 per occurrence. Coverage requirements will be determined upon receipt of a Right of Entry Application and will be based on the type of access required and/or the type of work being performed. The insurance coverage will be verified prior to the execution of any right of entry permit or contractor indemnification agreement.

Approvals

Before granting a Right of Entry Permit or a Contractor Indemnification Agreement, MDDE typically requires the following documentation:

- A copy of the licensee’s Commercial General Liability (CGL) Insurance Policy;

- A Certificate of Insurance naming The Maryland and Delaware Railroad Company as Certificate Holder AND Additional Insured; and

- A copy of the licensee’s Railroad Protective Liability (RPL) Insurance Policy (where applicable).

If you need additional information, please contact us.