Section 408

Through the Civil Works program, the US Army Corps of Engineers (USACE) serves the public by providing the Nation with quality and responsive management of the Nation’s water resources. As a result, USACE, in partnership with stakeholders, has constructed many Civil Works projects across the Nation’s landscape. Given the widespread locations of these projects, many embedded within communities, over time there may be a need for others outside of USACE to 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. In order to ensure that these projects continue to provide their intended benefits to the public, Congress mandated that any use or alteration of a Civil Works project by another party is subject to the approval of USACE. 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 USC 408 (Section 408). Section 408 provides that USACE may grant permission for another party to alter a Civil Works project upon a determination that the alteration proposed will not be injurious to the public interest and will not impair the usefulness of the Civil Works project.

Sectiion 408 Review Information

USACE’s procedures for reviewing requests for Section 408 permission is contained in EC_1165-2-2200

The corresponding internal guidance related to designating a lead district as referenced in EC 1165-2-220: Click Here 

To view a fact sheet with additional information about Section 408 and the revised policy, Click Here.

The Regional Procedural Review Plan for Low-Impact Alteration Requests Pursuant to 33 USC 408, Click Here

 

Contact And Submission

Written requests may be submitted by email, or via regular mail.

Email submissions should be sent to LRE408Coordinator@usace.army.mil, or mailed to:

District Corps of Engineers Commander, Attn: 408 Coordinator, 477 Michigan Avenue, Detroit, MI 48226-2550