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.

Note: Section 408 review and permission is required for all applicable alterations within USACE Civil Works projects, including those on Fire Island.

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.

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

If a proposed alteration to a Civil Works project involves construction or filling activities within waters of the United States, including wetlands, a permit from USACE’s Regulatory Program may be required.  In the event that both a Regulatory permit and a Section 408 permission are required for a proposed project, the Regulatory permit decision cannot be issued, before or without, the Section 408 permission decision.