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Mexico Federal Highway Right-of-Way (3-MEX-c)

Information current as of 2019
In Mexico, a developer must obtain a Federal Highway Right-of-Way Permit from the Mexico – Secretariat of Communications and Transportation (SCT) for "the construction of accesses, crossings and marginal facilities in the right-of-way of a federal highway.” Regulations for the Use of Federal Roads, 2000, Ch. II, Art. 5, § I. A crossing is “underground or elevated surface work that crosses the highway from one side to the other. Regulations for the Use of Federal Roads, 2000, Ch. I, Art. 2, § III. A marginal facility is a “pipeline, wiring and similar that are built within 2.5 meters of the limit of the right of way of the federal highway.” Regulations for the Use of Federal Roads, 2000, Ch. I, Art. II § V.


The SCT regulates work within highway rights-of-way pursuant to the Mexico – Law of Roads, Bridges, and Federal Auto Transportation, 2018 and the Mexico – Regulations for the Use of Federal Roads, 2000.



Federal Highway Right-of-Way Process

3-MEX-c.1 – Application for Federal Highway Right-of-Way Permit

A developer must submit an Application for a Federal Highway Right-of-Way Permit (Application) to the SCT. The Application must contain the following information:

  • In the case of a corporation, a copy of the articles of incorporation;
  • For projects adjacent to the right-of-way, a document that proves the ownership or authorization for the use of the adjacent property;
  • Proof of payment of rights;
  • Proof of non-involvement to third parties or established facilities and works.

The developer must also submit with the Application an executive proposal that contains:

3-MEX-c.2 to 3-MEX-c.6 – Review Application for Completeness

SCT reviews the Application materials for administrative and technical completeness. The Secretariat notifies the applicant (developer) in writing within a period of ten (10) business days regarding the completeness of the Application. Regulations for the Use of Federal Roads, 2000, Ch. II, Art. 6o, § VII. If the Application is incomplete, the developer has ten (10) days to provide the requested information. Regulations for the Use of Federal Roads, 2000, Ch. II, Art. 6. If the developer does not provide the requested information within ten (10) days, the Application is considered abandoned. Regulations for the Use of Federal Roads, 2000, Ch. II, Art. 6o, § VII.

3-MEX-c.7 to 3-MEX-c.9 – Conduct Technical Feasibility Visit

Once an applicant (developer) submits a complete Application, the Secretariat informs the developer of the date and time to carry out a technical feasibility visit of the project. Regulations for the Use of Federal Roads, 2000, Ch. II, Art. 7. The feasibility technical visit must be carried out within ten (10) calendar days. During the visit the developer must present the work required for the project. Regulations for the Use of Federal Roads, 2000, Ch. II, Art. 7, § II. The Secretariat issues a feasibility report and notifies the developer within 15 calendar days of the technical feasibility visit. Regulations for the Use of Federal Roads, 2000, Ch. II, Art. 7, § V

3-MEX-c.10 to 3-MEX-c.12 – Review Application for Approval

SCT reviews the Application for approval. If the project complies with the regulations and will not affect the safety of the right-of way SCT issues a Federal Highway Right-of-Way Permit within 30 business days. Regulations for the Use of Federal Roads, 2000 Art. 7.


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