Occasionally it becomes necessary to enter the property of the Union Pacific Railroad Company for purposes of soils analysis to determine the extent of environmental contamination that may have flowed onto the Railroad Company's property from adjacent property or to correct environmental contamination.

The railroad's right of way can be a dangerous place to work due to rapidly approaching trains, and it is our desire to ensure that any necessary environmental investigation and remediation is done in a safe manner, in accordance with our guidelines and standards and in accordance with appropriate state and federal regulations.

It is our intent to cooperate, as much as possible, with parties desiring to come onto our right of way to conduct these types of operations. We require a full investigation of the purpose of any such requests, and we ask that a written agreement be entered into to ensure that parties are permitted to be on our property safely and in accordance with rules and regulations.

Therefore, we've established a permitting process in which all parties requesting entry onto our property may be efficiently processed. This process works very effectively for us and provides for timely entry onto our property. Since this is a lengthy process, we ask that all request be submitted to us a minimum of sixty (60) days in advance of your requested entry date.

The Application Process

The permitting process for environmental cleanup or access is as follows:

  1. The Application for Environmental Right of Entry Agreement must be printed, completed in its entirety, and sent to the Environmental Management Group – the initial contact for all right of entry requests.

    Applications should be submitted by U.S. mail or express mail to:

    Kelly Gearhart
    Environmental Site Remediation
    1400 Douglas Street, STOP 1030
    Omaha, NE 68179

    The information on Identifying Railroad Mile Post Locations will assist in locating mile post markers , which are helpful in establishing the location of the proposed site or installation (requested in the application).

  2. The application must be accompanied by all of the items listed in the Environmental Checklist before your request can be given an initial review. Incomplete applications will result in the denial of your request for access and the loss of your initial $1055.00 application payment.
  3. An environmental review is conducted by a manager.
  4. The application is forwarded to the Real Estate Department for documentation.
  5. The Real Estate Department prepares the permit on standard forms and forwards two copies to the party for execution.
  6. Once the permit is returned, it is executed by Real Estate and an executed copy is returned to the party. A dispute resolution process has been created to resolve any disagreements between the railroad and the party (this process takes at least an additional sixty days).
  7. The party contacts our Fiber Optic Hotline to ensure that no fiber optic cables are at risk of being damaged.
  8. The party contacts our manager of track maintenance to alert us when they plan to enter our property.
  9. On all projects, we require Railroad Protective Liability Insurance be obtained, in addition to general liability insurance. We have acquired a blanket Railroad Protective Liability Insurance policy which may allow inclusion of your project under our coverage for an additional charge. We've found that in many instances it may be cheaper for the contractor do this than to obtain their own coverage. However, we do encourage you to shop around, as you may find a more favorable rate. An application form and additional information on Railroad Protective Liability Insurance through UPRR can be found in this section.
  10. In the event there is a need to revise the established Right of Entry Agreement, any changes will need to be reviewed and approved by the Manager of Environmental Site Remediation. This would include any changes to the scope or location of the project as define in the Basic Agreement and must be specific to that project. If that Manager approves of the revisions, he will forward to the Real Estate Department and the Contract Manager will draft and send a Supplemental Agreement for execution. There would be an administrative fee of $500 assessed for this process. This will eliminate the need for a completely new application and agreement which would result in time and costs savings for all involved.


Questions? Need Assistance?

For administrative, real estate or contract related questions, please contact the Pipeline, Wireline, Right of Entry and Drainage Contacts

For technical environmental questions, please contact:

Kelly Gearhart
Environmental Site Remediation
1400 Douglas Street, STOP 1030
Omaha, NE 68179