Section 408 is the process that allows alteration to a federally authorized project. The proposed project cannot pose a risk to the public interest and will not impair the usefulness of the federally authorized project. Examples of federally authorized projects include, but are not limited to levees, dams and federal navigation channels.

This requirement was established in Section 14 of the Rivers and Harbors Act of 1899, codified at 33 United States Code (USC) 408 (Section 408).

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.
• Find your Section 408 Point of Contact – search for the location of your proposed project on the map, then click on “Civil Works District Boundary” to see the contact information for your Section 408 Coordinator.
• *NEW* Section 408 Non-Federal Hydropower Submittal Guidelines (version 1) – a checklist and guidance document to help non-federal hydropower developers prepare milestone Section 408 requests. The guidelines describe the information typically needed to support a completeness determination and technical review, helping streamline the review process and reduce the need for additional information requests.

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
• USACE Regulatory and Section 408 Publicly Available Data
• National Levee Database
• National Inventory of Dams
• Section 214 Information

How to apply for Section 408 permission

To determine if your project needs a Section 408 review, please copy and paste the requested information below, complete with your project details, to the following email address: CENWS-Section408@usace.army.mil

If needed, conventional mail should be sent to: Planning, Environmental and Cultural Resources Branch, ATTN: Sec 408 Coordinator, U.S. Army Corps of Engineers, 4735 E. Marginal Way S., Bldg. 1202, Seattle, WA  98134-2388

Contact info:

• Name (first/last)
• Mailing Address
• Phone number (555-555-5555)
• E-mail
• Applicant Entity (e.g. state agency/county/city/port/diking district/ private citizen/other)
• Applicant Representative (e.g. consultant/agent), if applicable

Project information:

• Project Title
• Name of USACE Regulatory POC / Number of USACE Regulatory Permit (if applicable)
• Location of proposed work (street/city/zip code)
• Latitude (in decimal degrees, i.e. 1.11)
• Longitude (in decimal degrees, i.e. 1.11)
• Google Maps link (Google Maps pin drop location via url)
• Describe the proposed project (be as detailed as possible)
• Current land ownership
• Section township range
• Work type (indicate one: new construction/maintenance/installation/dredging/environmental restoration/gravel mining)
• Other work type (if other work type, explain)
• Attachments (include in e-mail or if too large use https://safe.apps.mil/ and use CENWS-Section408@usace.army.mil as a recipient)
• Design drawings / conceptual sketches / area maps / other project design info