Navigating projects within the Massachusetts Bay Transportation Authority’s (MBTA) jurisdiction requires a comprehensive understanding of their licensing process, and crucially, the associated fees. Whether you are a private citizen, a municipality, or a large corporation, accessing MBTA property or working within their Zone of Influence (ZOI) necessitates obtaining an MBTA license. This article serves as your guide to understanding the various Massachusetts Bay Transportation Authority Fees involved in securing the necessary licenses, ensuring your projects proceed smoothly and compliantly.
Before commencing any work on, over, or under MBTA property, or within the MBTA’s Zone of Influence, securing an MBTA license is paramount. This licensing agreement is the MBTA’s mechanism for safeguarding its critical transportation system when external projects have the potential to impact or interfere with their services, right-of-way, or infrastructure. By requiring a License Agreement, the MBTA can effectively review proposed work, implement necessary conditions, and ensure the continued safe operation of the rail system.
The License Agreement process involves a thorough review of your project proposal, potentially leading to conditions such as MBTA design review and construction oversight. Depending on the project’s nature, a Force Account (MBTA expense account) may be necessary to cover the costs of this crucial review and oversight. For detailed guidance on these procedures, the MBTA Zone of Influence Guidelines manual is an essential resource, working in conjunction with MBTA Design Guidelines and Standards.
Examples of projects that typically require an MBTA License include:
- Construction projects of any scale
- Land surveys conducted on or near MBTA property
- Installation and maintenance of utility and telecommunication lines
- Bridge inspections affecting MBTA infrastructure
- Environmental testing in the MBTA ZOI
For a clearer picture of the overall licensing procedure, refer to the process flow outlined below.
MBTA License Application Process Flow Chart Indicating Steps from Application Submission to License Agreement Execution
Decoding the MBTA License Fees Structure
Understanding the fees associated with MBTA licenses is a crucial part of the application process. These fees are structured to cover administrative costs and, where applicable, the expense of expert design and construction reviews. It’s important to note that applications will not be processed until the Administrative and Design & Construction Plan Review Fees (if applicable) are received. All payments should be made via checks payable to the Massachusetts Bay Transportation Authority (MBTA) and mailed to the address provided.
Here is a detailed breakdown of the different Massachusetts Bay Transportation Authority fees:
| Category | Administrative Fee | Design & Construction and Structural Review Fee* | License Fee |
|---|---|---|---|
| Standard Access Licenses | $1,000 | $1,600 minimum | $1,000 |
| Telecommunication and Utility Licenses (excluding Small Wireless Facilities) | $1,000 | $1,600 minimum | $5,000** minimum |
| Small Wireless Facility Licenses | $500*** | $1,600 minimum | $270 per facility |
*The Design & Construction and Structural Review Fee is only applied when the proposed project necessitates a detailed Design & Construction Plan and Structural review. This fee is calculated based on the actual cost incurred by the MBTA to engage engineering consultants with the specialized expertise required for your application review.
**Telecommunication and Utility Licenses have a minimum License Fee of $5,000.00, or fees may be assessed based on the public utility rates. Be sure to consult the most current rate information for accurate budgeting.
***For Small Wireless Facility Licenses, applicants will incur an additional fee of $100 for each facility exceeding the first five requested within a single application. This is important to consider for larger deployments.
Payment Information:
All checks must be payable to:
Massachusetts Bay Transportation Authority (MBTA)
And mailed to:
Greystone
Attn: Licensing Director
20 Park Plaza, Suite 1120
Boston, Massachusetts 02116
Turnaround Time for License Processing
After submitting your application and the required fees, the anticipated turnaround time to receive a fully executed license is approximately 4 to 6 months. This timeframe starts from the application processing date and extends to the date the final document is executed. It’s crucial to remember that this timeline is an estimate and can be subject to change based on various factors.
Important Note on Application Completion: Incomplete applications that remain unprocessed for one year from the application’s origination date will be automatically cancelled due to canvassing requirements. In such cases, applicants will need to submit a completely new application and pay all applicable new application fees again. Therefore, ensuring your application is complete and all required documentation is submitted promptly is essential to avoid delays and additional costs.
Insurance Requirements for License Holders
Beyond fees, insurance is another critical component of MBTA license requirements. All licensees are mandated to obtain and maintain insurance coverage that meets or exceeds the MBTA’s specified minimum threshold amounts. These requirements protect both the licensee and the MBTA from potential liabilities.
Here’s a breakdown of the required insurance types and minimum thresholds:
Commercial General Liability:
| Coverage Type | Threshold Amount |
|---|---|
| Personal Injury, bodily injury, property damage | Not less than $1,000,000 |
| Per Occurrence | Not less than $2,000,000 |
| Umbrella Coverage | Not less than $10,000,000 |
Automobile Liability:
| Coverage Type | Threshold Amount |
|---|---|
| All owned, non-owned, hired, rented, or leased vehicles used in permitted license activities | Not less than $1,000,000 |
Worker’s Compensation:
| Coverage Type | Requirement |
|---|---|
| Statutory Worker’s Compensation | Must meet or exceed requirements of Massachusetts General Laws, Chapter 152 |
Railroad Protective (if applicable):
| Coverage Type | Threshold Amount |
|---|---|
| Per Occurrence | Not less than $5,000,000 |
| Aggregate combined bodily injury and property damage | Not less than $10,000,000 |
Crucial Insurance Certificate Requirements: Insurance certificates must explicitly name the MBTA and all relevant railroad companies as additional insureds. Certificates that fail to meet the minimum threshold amounts or do not list the MBTA and applicable railroad companies as additional insureds will not be accepted. Ensure your insurance provider understands these specific requirements to avoid delays in your license approval.
Additional Requirements for Telecommunications and Utilities Licenses
For Telecommunication and Utility License applications, there are specific supplementary documentation requirements, particularly if the application references an existing agreement. In such cases, applicants must also submit:
- Master Agreement document
- Agreement Commencement Date
- Agreement Reference Number
Failure to provide this reference information will result in the proposed work being treated as a completely new location and/or installation, potentially affecting the terms and fees associated with your license.
Receiving Your Executed License
Once your License Agreement is fully executed, it will be sent to you by the Greystone Licensing Director. However, this distribution is contingent upon the receipt of all the following items:
- Licensee’s signature on the agreement document
- Payment of all applicable fees in full
- Submission of compliant certificates of insurance that meet MBTA requirements
The fully executed license will not be released until all of these conditions are met. Ensuring you have completed all these steps is vital to finalize your license and begin your project.
Initiating Your Application Process
Ready to apply for your MBTA License? The MBTA offers a convenient online application portal to begin the process.
To Apply Online:
- Click here to access the License Application. After submitting your online application, you will receive a PDF copy of your submittal via email for your records.
- In addition to the online application, you must submit a detailed map, comprehensive plans of the property and/or construction specifications, and a check for the applicable administrative fee. Ensure the check is payable to the MBTA and send all physical documents to the Greystone Licensing Director at the address previously mentioned.
By understanding the Massachusetts Bay Transportation Authority fees and the overall licensing process, you can navigate your projects within the MBTA’s jurisdiction efficiently and effectively, ensuring compliance and smooth project execution.
