Preparing a Right of Way Clearance Certification Request Missouri Local Programs

1. Preparing a Right of Way Clearance Certification Request Missouri Local Programs How to complete right of way clearance certification-No new property rights required 5 Year Rule

2. First Steps • The RW Clearance Certification must be submitted to the District Transportation Planning Specialist on the Local Public Agency’s letterhead • Either retype the contents directly onto LPA letterhead or use EPG form 236.18.10.1 (create link) fill in contents and copy and past onto LPA letterhead. • Date: Fill in the date of the correspondence. • To: Fill in Name of the District RW Manager. • From: Fill in the Name, Title and Name of the Local Public Agency submitting the RW Clearance Certification Request. • Subject: Fill in the Following: -Type and Date of Environmental clearance -Indicate whether it is an Entire Clearance or Partial Clearance or Conditional Clearance -Fill in the City/County or Sponsor Name -Fill in the Road or Project Name -Fill in the Federal Project Number -Fill in the Termini of the Entire Right of Way Project -Fill in the Termini of the Portion of the Project Being Cleared -Fill in the Termini of the Entire Construction Project

3. Certification Statement • Certification Statement: • If the realty rights were acquired more than 5 years prior to the first request for federal funds, the local agency shall submit a statement certifying that no new realty rights are needed and the dates the existing realty rights were acquired. If the realty rights were acquired less than 5 years prior to the first request for federal funds use the guidance for right of way clearance certification-new property rights required. • If the project sponsor does not need to acquire property rights, and / or holds fee title or adequate easements on property necessary for the project; the sponsor will be in one of two categories depending on the date when that latest parcel on the project was acquired: • 1. The last parcel acquired was more than five (5) years prior to the first obligation of federal funds for the current project, or • 2. One or all of the parcels were acquired within the last five (5) years prior to federal funds obligation. USE THE QUIDANCE FOR RIGHT OF WAY CLEARANCE CERTIFICATION-NEW PROPERTY RIGHTS REQUIRED.

4. Right of Way Clearance Statement-no new right of way required • In the case of number 1, • The sponsor must certify by signed letter to the Transportation Planning Specialist stating the following (example): • The City/County of ________ hereby certifies there is no new right of way necessary for the federally funded project known as _____ (give the Project Number here)_____. Furthermore, the last recorded acquisition of right of way or permanent easements within the limits of this project occurred more than 5 years prior to the initial obligation of federal funds. Our records indicate the City/County of _______ acquired the most recent land, right of way, or easements on which, this project is to be constructed, on _____(month) _____(day)_____(year). [as close to the date of record you have]

5. Right of Way Clearance Certification-new property rights required • In the case of number 2, • The sponsor must submit all the parcel files for acquisition within the last 5 year period and normal right of way clearance certification (RIGHT OF WAY CLEARANCE CERTIFICATION-NEW PROPERTY RIGHTS REQUIRED). The district RW Representative will review the acquisition of the RW and Easements for compliance with the Uniform Act and once this is accomplished, notify the District Design Liaison or district planning specialist that RW is clear. The district right of way staff shall follow the standard procedure for submittal to RW Central Office for final review and approval.