# Capital Metro Rail Right-of-Way Permits and Insurance Requirements URL: https://mycontractorsinsurancequote.com/project-specific-liability-insurance/railroad-protective-liability/capital-metro Updated: 2026-10-29 · Reviewed by the Principal, Gleason Insurance Brokers, LLC Publisher: My Contractors Insurance Quote, a website of Gleason Insurance Brokers, LLC Capital Metro requires staff approval and a license agreement or right-of-way permit before any work on its rail right-of-way, and each application carries a $750 nonrefundable fee, with a $2,500 permit fee on access and construction permits. The contractor coverage exhibit CapMetro links from its permit step calls for $5,000,000 in railroad protection when construction is within 50 feet of the nearest track, along with $2,000,000 general liability, auto with a $2,000,000 combined single limit and $1,000,000 employer's liability. ## Key Decision Points - CapMetro states that its staff must approve all access, activities and work on the rail right-of-way. - RE-1 covers license agreements for new installations, RE-3 covers access or construction permits, RE-6 covers road crossings and RE-7 requests a roadway worker-in-charge. - CapMetro asks applicants to allow 21 business days for its review of an application. - Its contractor exhibit requires $5,000,000 railroad protection when construction is within 50 feet of the nearest track. - A second CapMetro insurance form has no railroad protection line, so requirements differ by permit type and should be confirmed with CapMetro. ## Which CapMetro Form Applies CapMetro's rail right-of-way page sorts requests by what will be built or done, and the fees follow the form. The agency's position is direct: staff must approve all access, activities and the performance of any work, so nothing starts on the corridor on the strength of a contract with a utility owner or developer alone. - RE-1, License Agreement, for new installations: a $750 nonrefundable application fee plus a first-year annual fee. The installing contractor also files a permit application with its own $750 fee and a $2,500 permit fee. - RE-3, Railroad Right-of-Way Permit for access or construction: a $750 nonrefundable application fee plus a $2,500 permit fee. - RE-6, Road Crossings: a $750 application fee plus a first-year annual fee. - RE-7, the request form for a roadway worker-in-charge (RWIC) to protect the work. The role of the separate railroad policy in these permits is explained in our hub on [railroad protective liability](https://mycontractorsinsurancequote.com/project-specific-liability-insurance/railroad-protective-liability). ## Review Time, Plans and Outside Engineering CapMetro tells applicants to allow 21 business days for it to review an application. That figure is the agency's own guidance; the clock, any requests for more information and the approval itself rest with CapMetro, and no broker or contractor can shorten it. Plans must include CapMetro's Rail Safety Standard Notes. Where CapMetro sends plans to an outside reviewer, the review goes to an approved consultant at the applicant's cost, which belongs in the project budget next to the application and permit fees. Questions go to the agency's right-of-way mailbox listed on the page. For a utility owner and its contractor, the practical sequence is to settle which form applies, assemble plans with the safety notes and line up insurance that matches the exhibit before filing, so the submission does not stall on a certificate that falls short. Regional permitting and project context for Central Texas is on our page for [Austin construction insurance](https://mycontractorsinsurancequote.com/texas/metros/austin). ### Illustrative scenario: A Water Main Crossing in North Austin Live Oak Pipeline Services, a fictional Austin contractor, is hired by a municipal utility district to install a water main crossing under CapMetro's rail line. The district holds the RE-1 license application and pays its $750 fee and first-year annual fee; Live Oak files its own permit application with the $750 fee and the $2,500 permit fee. Its plans put the receiving pit 40 feet from the nearest track and the bore path beneath it, so the contractor exhibit's $5,000,000 railroad protection line applies, and the bore itself enters the 25-foot foul zone. Live Oak submits the RE-7 request three weeks ahead, prepays two 10-hour RWIC shifts and schedules CapMetro roadway worker training for the crew. Its broker checks that the general liability includes underground hazards when the ground is disturbed and that each insurer meets the A+ and Class XIII rating, then asks CapMetro to confirm which insurance document applies to the district and which to Live Oak. The details are hypothetical; a real program depends on CapMetro's current requirements, the carriers' terms and underwriting and the firm's own risk. ## The Contractor Coverage Exhibit The permit step links to Exhibit A, Capital Metro Minimum Coverage Requirements for Contractors. The PDF CapMetro posts carries no printed date; its file data shows it was created March 25, 2025. Read as written, it asks for the following. - Commercial general liability of $2,000,000 with a $2,000,000 combined single limit, including premises and operations, independent contractors, personal injury, contractual liability and underground hazards when the ground surface is disturbed. - Auto liability of not less than $1,000,000, in the exhibit's words, "with combined single limit of $2,000,000." - Statutory workers' compensation with $1,000,000 employer's liability. - Railroad protection of $5,000,000 when construction activities are within 50 feet of the nearest railroad track. - Capital Metro as additional insured, primary and noncontributory wording, a waiver of subrogation where the contract requires one and notice of cancellation. - Insurers with a current Best's rating of A+ and Class XIII or better, authorized to do business in Texas. Contractors whose annual program cannot meet a corridor's terms can compare [project-specific liability options](https://mycontractorsinsurancequote.com/project-specific-liability-insurance). ## Railroad Protection Within 50 Feet of Track The exhibit's railroad protection line is the item most likely to need a new policy. A contractor's general liability, even with Capital Metro added as an additional insured, is still the contractor's policy. Railroad protective liability is a separate policy written to protect the railroad on the contractor's job, and it typically has to be bought for the specific agreement and location. CapMetro ties the requirement to distance: $5,000,000 when construction activities are within 50 feet of the nearest track. Work beyond that distance may not trigger the line under the exhibit's wording, but the measurement should come from the plans and be confirmed with CapMetro, not assumed from a site visit. Equipment reach, staging areas and bore pits all count toward where construction activities sit. The rating requirement also deserves an early look. A+ and Class XIII is a high bar, and some markets that write railroad protective policies or contractor liability may not meet it. Checking ratings before quoting avoids a certificate that matches the limits but not the insurer standard. In Dallas, the limit depends on whose property the work touches; compare the [DART right-of-way insurance and railroad protective limits](https://mycontractorsinsurancequote.com/project-specific-liability-insurance/railroad-protective-liability/dart). ## Requirements Differ by Permit Type CapMetro posts a second insurance document, Capital Metro Insurance Requirements (v3), linked as the certificate of insurance requirement and written for licensees. Its file data also shows March 25, 2025. It lists general liability of $2,000,000 per occurrence and $2,000,000 aggregate, auto of at least $1,000,000 with a $2,000,000 combined single limit, statutory workers' compensation with $1,000,000 employer's liability, additional insured status except on workers' compensation, primary and noncontributory wording, a contractual waiver of subrogation, 30 days' notice of material change and the same A+ and Class XIII rating. That document has no railroad protection line. The $5,000,000 railroad protection requirement appears only in the contractor exhibit. The two documents appear to address different roles, the licensee and the contractor performing construction, and CapMetro decides which form governs a given permit. Confirm the applicable insurance document with CapMetro for each application rather than assuming one form fits both roles. Both documents state the auto requirement in the same unusual way, a $1,000,000 minimum alongside a $2,000,000 combined single limit. Quoting at a $2,000,000 combined single limit addresses the higher figure, subject to CapMetro's acceptance of the certificate. Licensees often hire installers, and the installer's program is the subject of our page on [underground utility contractor insurance](https://mycontractorsinsurancequote.com/who-we-serve/civil-underground-utilities/underground-utility-contractors). ## RWIC Protection and Roadway Worker Training CapMetro requires a roadway worker-in-charge for any work that could enter the foul zone, which it defines as 25 feet from the center of the nearest track. The RE-7 request must be submitted at least 14 days before the proposed start of work. RWIC time is paid in advance in 8- or 10-hour increments, and a refund requires 24 hours' notice of cancellation. Crews also complete the Roadway Worker Protection Certification Training administered by CapMetro and carry the card on site. Like the RWIC charges, the training is a cost of access rather than insurance, but a schedule that slips past the 14-day lead time or loses a prepaid shift to a late cancellation can cost as much as a policy endorsement. Note the two distances on one corridor: 25 feet for RWIC protection and 50 feet for the railroad protection insurance line. A bore pit 40 feet from the track may need the policy without needing a flagger, so both triggers should be measured from the plans. ## Before You Ask for a Quote ### What to Gather - The form that fits the work: RE-1, RE-3, RE-6 or RE-7 - Plans showing distances from the work, pits and staging to the nearest track - Plans with CapMetro's Rail Safety Standard Notes included - Budget for the $750 application fee, the $2,500 permit fee and any annual or outside review charges - Current general liability, auto and workers' compensation policies with endorsements - A crew list for CapMetro roadway worker training and the planned RWIC shifts ### What to Ask the Insurer or Surety - Which insurance document applies to this permit, the contractor exhibit or the v3 licensee form? - Is any construction activity within 50 feet of the nearest track? - Does the general liability include underground hazards when the ground surface is disturbed? - Does each insurer meet Best's A+ and Class XIII and hold Texas authority? - Can the RE-7 request be filed at least 14 days before the start date? - Will an outside consultant review the plans, and at what cost? ## Broker Notes **Quick Answer:** CapMetro's contractor exhibit calls for $5,000,000 railroad protection within 50 feet of the nearest track, $2,000,000 general liability, auto with a $2,000,000 combined single limit and $1,000,000 employer's liability from insurers rated A+ and Class XIII, with $750 application and $2,500 permit fees. **Common Mistake:** Assuming the licensee's insurance form sets the contractor's requirements. The v3 licensee form has no railroad protection line, while the contractor exhibit requires $5,000,000 within 50 feet of track. **Broker Perspective:** A broker matches limits, endorsements and insurer ratings to the CapMetro document that governs the permit and quotes railroad protection where the plans place work within 50 feet; CapMetro alone approves access and sets its review timing. **Coverage Impact:** A certificate from an insurer below A+ and Class XIII, or one that leaves out underground hazards, can stall the permit even when the dollar limits match. ## Questions Buyers Ask ### How long does CapMetro take to review a rail right-of-way application? CapMetro asks applicants to allow 21 business days for its review. That is the agency's guidance rather than a commitment, and requests for more information or outside engineering review can extend it. ### When does Capital Metro require railroad protection insurance? Its contractor coverage exhibit calls for $5,000,000 in railroad protection when construction activities are within 50 feet of the nearest railroad track. Confirm with CapMetro which insurance document applies to your permit, since its licensee form has no such line. ### What does an RE-3 permit from CapMetro cost? CapMetro lists a $750 nonrefundable application fee plus a $2,500 permit fee for the RE-3 Railroad Right-of-Way Permit for access or construction. Outside plan review by an approved consultant is billed to the applicant. ### How far ahead must a CapMetro RWIC be requested? The RE-7 request must be submitted at least 14 days before the proposed start of work. RWIC time is paid in advance in 8- or 10-hour increments, and a refund requires 24 hours' cancellation notice. ### What insurer rating does CapMetro require on certificates? Both CapMetro insurance documents call for a current Best's rating of A+ and Class XIII or better, and the contractor exhibit adds that insurers be authorized in Texas. Check ratings before quoting, since not every market meets that standard. ## Official Sources 1. [Capital Metro Rail Right-of-Way: applications, fees, review time, RWIC and training](https://www.capmetro.org/railrow), Capital Metropolitan Transportation Authority. Staff approval of all access and work; RE-1, RE-3, RE-6 and RE-7 forms; $750 application and $2,500 permit fees; 21 business days for review; Rail Safety Standard Notes; outside consultant review at applicant's cost; RWIC foul zone of 25 feet, advance payment, 24-hour cancellation and 14-day request lead time; CapMetro roadway worker training. Verified 2026-10-26. 2. [Exhibit A, Capital Metro Minimum Coverage Requirements for Contractors (PDF created March 25, 2025)](https://capmetro.org/docs/default-source/business-docs/rail-row-docs/capmetro_row_minimum-coverage-requirements-for-contractors.pdf?sfvrsn=3d66c144_1), Capital Metropolitan Transportation Authority. General liability, auto and employer's liability limits; $5,000,000 railroad protection within 50 feet of the nearest track; additional insured, primary and noncontributory, waiver and notice terms; Best's A+ and Class XIII and Texas authority. Verified 2026-10-26. 3. [Capital Metro Insurance Requirements (v3), licensee certificate requirements (PDF dated March 25, 2025)](https://capmetro.org/docs/default-source/business-docs/rail-row-docs/contractor-insurance-requirements-v3.pdf?sfvrsn=c5a3be0b_6), Capital Metropolitan Transportation Authority. Licensee limits and terms with no railroad protection line; 30 days' notice of material change; Best's A+ and Class XIII. Verified 2026-10-26. ## Related Decisions - [railroad protective liability insurance](https://mycontractorsinsurancequote.com/project-specific-liability-insurance/railroad-protective-liability) - [DART right-of-entry insurance requirements](https://mycontractorsinsurancequote.com/project-specific-liability-insurance/railroad-protective-liability/dart) - [Austin contractor insurance](https://mycontractorsinsurancequote.com/texas/metros/austin) - [directional drilling contractor insurance](https://mycontractorsinsurancequote.com/who-we-serve/civil-underground-utilities/directional-drilling-contractors) - [civil and underground utility contractor insurance](https://mycontractorsinsurancequote.com/who-we-serve/civil-underground-utilities) --- Start a quote request: https://mycontractorsinsurancequote.com/get-a-quote · Call 844-978-7283 Contract and insurance reviews are a courtesy service that may be available at times, depending on our workload and on the size, timing and complexity of the project. A review is not guaranteed and is limited to insurance considerations. It is not legal advice and is not a substitute for advice from your own legal counsel, which you may need before signing a contract or obtaining coverage. Insurance and surety services are provided through Gleason Insurance Brokers, LLC. Site information is educational and does not constitute legal advice, a binder, an offer of coverage, a guarantee of eligibility or confirmation of policy terms. Insurance conditions are governed by actual issued policies; surety rights and obligations are governed by bond and indemnity documents.