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:

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.

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:

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

Regional Categorical Permission

Categorical Permission
The SPD Regional Categorical Permission (RCP) for Section 408 Requests can be used to expedite and streamline the review and decisions of requests that are similar in nature and have similar impacts to the USACE project and environment. For an alteration to be approved under this RCP, the proposed design, construction, or replacement must meet the predetermined alteration descriptions, have no disqualifying circumstances (listed in the RCP), and adhere to applicable standard engineering and environmental conditions. Click here to view the full Regional Categorical Permission document.

The alterations described in the RCP could be stacked. A single proposed project could combine multiple categories of alterations (for example, a utility pole, a fence, and a maintenance shed) and still fit under the RCP. Each individual alteration type contained within the overall project must adhere to the size limitations for that specific type of alteration. The total area associated with the overall project must not exceed the largest alteration size limit.

In order to address the potential environmental impacts of implementing this RCP, as required under the National Environmental Policy Act (NEPA) of 1969, as amended (42 U.S.C. 4321 et seq.), SPD has prepared a Programmatic Environmental Assessment (PEA). Click here to view.

 

View the RCP Memo here.

View the RCP FONSI here.