Section 408

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The Section 408 Program

The US Army Corps of Engineers (USACE) Section 408 program allows another party, such as a local government, company, or individual, to alter a USACE Civil Works project. Given the widespread locations of these projects, many embedded within communities, over time there may be a need to either alter or occupy these projects and their associated lands. Reasons for alterations could include improvements to the projects, relocation of part of the project, or installing utilities or other non-project features.

Examples of projects that need USACE Section 408 permission include:

Running a water main from one side of a levee to the other.
Adding hydropower to a dam.
Building a bridge across a navigable waterway maintained and surveyed by USACE.
Building a swimming pool in a backyard, within the footprint of the USACE easement for a levee.

The Section 408 program verifies that changes to authorized USACE Civil Works projects will not be injurious to the public interest and will not impair the usefulness of the project. This requirement was established in Section 14 of the Rivers and Harbors Act of 1899, which has since been amended several times, and is codified at 33 U.S.C. 408–the section of U.S. Code that gives the program its name.

Section 408: Resources for Getting Started

If you are looking for information about how to navigate the Section 408 program, these resources are for you. During the program’s Summer 2022 Listening Session Series, stakeholders and Section 408 coordinators from USACE districts across the country asked for tools to help guide them through the ins and outs of seeking permission to alter a USACE Civil Works project—especially for those who are new or unfamiliar with program processes.

The following materials were designed with this feedback in mind:

Section 408 & You – an overview of Section 408 and the process of seeking a permission.
Seven Questions for Section 408 Success – a short guide with questions for permission seekers to consider as they begin their request to the program.
Section 408 Pre-Application Meeting Guide – a one-page guide designed to help permission seekers get the most out of a pre-application meeting with their Section 408 coordinator.
Section 408 Process Guide – an in-depth guide to the program and the process of seeking permission to alter a Civil Works project from start to finish.

These materials are a great place to start—and for even more information, please see the section below, “Who can I talk with about a Section 408 request?” to get connected with a Section 408 coordinator.

Summer 2022 Listening Session Series

USACE has continued to review and make improvements to enhance the consistency and efficiency of the Section 408 program nationwide since the first national policy memorandum documenting Section 408 procedures was published in 2006. In that same spirit of continuous improvement, USACE sought feedback in the summer of 2022 from stakeholders with an interest in the Section 408 program.

USACE hosted a series of eight virtual listening sessions, six for the public and two for USACE staff, to understand stakeholders’ experiences with the program as well as opportunities for future adjustments. The original schedule included four public sessions, however two additional public sessions were added in September due to significant interest. Stakeholders were also able to submit feedback by email.

The listening sessions were attended by 427 stakeholders representing state and local government, federal agencies, industry, universities, and non-profits. USACE staff listening sessions were attended by 134 USACE team members representing 35 districts.

USACE would like to thank all who participated in the listening session series. Stakeholder feedback is tremendously valuable and greatly appreciated.

The following are now available for download:

Summer 2022 Listening Session Series Summary Report (download)
Summer 2022 Listening Session Series Presentation (download)
Summer 2022 Listening Session Series Fact Sheet (download)

Who can I talk with about a Section 408 request?

If you are considering making alterations to a USACE Civil Works project, such as a levee, dam, or navigable waterway, we encourage you to check out your USACE district’s webpage for information on their Civil Works projects or contact your USACE district’s Section 408 coordinator as soon as possible. A pre-application meeting can be helpful to understand the requirements.

Your district Section 408 coordinator can confirm whether a Section 408 request is needed and answer any questions you have about the process of submitting a request. Contact information for district Section 408 coordinators can be found via USACE district webpages.

Once your request has been submitted, you may view the status of your Section 408 request and/or Regulatory permit via the USACE Permit Finder.

Where can I find more information about Section 408?

The links below provide more in-depth information about Section 408 and the Section 408 program:

Engineer Circular (EC) 1165-2-220: USACE Policy and Procedural Guidance for Processing Requests to Alter U.S. Army Corps of Engineers Civil Works Projects Pursuant To 33 USC 408
- Extension of EC 1165-2-220: Policy and Procedural Guidance for Processing Requests to Alter US Army Corps of Engineers Civil Works Projects Pursuant to 33 U.S.C. 408
USACE Director’s Policy Memorandum: Designation of a Lead USACE District for Permitting of Non-USACE Projects Crossing multiple Districts or States
USACE Director’s Policy Memorandum: Strategy for Synchronization of the Regulatory and 408 Programs
USACE Directorate Policy Note: Authorization and Maintenance Conducted by Non-Federal Operators for Flood Risk Management and Ecosystem Restoration Projects
Section 408 and Drilling and Invasive Program Plans: A Guide for Requestors
District Webpages and Local Office Locator
USACE Permit Finder
National Levee Database
National Inventory of Dams
Section 214 Information

For more information, or if you have any questions about Section 408, please email HQ-Section408@usace.army.mil.

Announcements

Standard Section 408 Application

We are in the process of developing a standard application form for Section 408 permission requests! The form is designed to create a more consistent and predictable process for requesters.

Once final, requesters would use this form to coordinate their requests to alter a Civil Works project with USACE. USACE welcomes feedback on this concept and how a standard form might support or present challenges to the Section 408 process.

This form is subject to the Paperwork Reduction Act; please visit the Federal Register to see more about this approach and provide feedback: https://www.federalregister.gov/documents/2024/07/23/2024-16143/proposed-collection-comment-request. There will be an additional opportunity to offer comments on the draft application form when it becomes available and informational webinars scheduled in the future. Stay tuned!

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In Case You Missed It:

This one-hour session on April 3^rd, 2024 gave a broad overview of the newly developed Section 408 Program guides. Topics covered in this webinar include:

The purpose of the Section 408 Program
A general overview of the Section 408 User Guide, including what it is and where to find it
When and how to contact your Section 408 Coordinator
How pre-application meetings with your Section 408 Coordinator can help your project

Webinar Slide Deck:

Getting to Know the Section 408 Guides – Slide Deck

Please email us if you are interested in or have ideas for future webinar training topics at HQ-Section408@usace.army.mil.