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, but are not limited to, 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.
In order to facilitate the synchronization of USACE, Buffalo District, business processes related to the Regulatory Program (Section 10/404 reviews) and the Section 408 Program reviews, applicants can provide one submittal that includes both the Section 10/404 application and the request for the Section 408 permission to the email address below.
Submit proposed projects using the forms provided in the 'Links' section of this page to the email address below:
LRB-408-404Submittals@usace.army.mil
Contacts:
- Mr. Steven Metivier - Regulatory Branch Chief (716) 879-4314
- Mr. David Swiatek - Section 408 Coordinator (716) 879-4371
Links
Section 10/404 Application Form - New York
Section 10/404 Application Form - Ohio
Section 408 Request Form
**Please Note that the Buffalo District Regulatory Boundary and Civil Works Boundary are different in New York and Pennsylvania, so this may require coordination with different Districts as indicated on our locations map.