Section 408: Alter an Army Corps Civil Works Project

The Army Corps provides the Nation with quality and responsive management of the Nation’s water resources. The Army Corps partners with stakeholders to construct many civil works projects nationwide, such as levees, dams and widening harbors for navigation. Given the widespread locations of these projects, many embedded within communities, over time there may be a need for others outside of the Army Corps to alter or occupy these projects and their associated lands. Reasons for alterations could include projects to increase recreational opportunities or improve flood risk management.

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.

Getting Started

• 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 project's Section 408 coordinator

Find the district office your project is located in to connect with the right coordinator.

District Section 408 coordinators

View the status of your request or permit

You may view the status of your Section 408 request in the USACE Permit Finder.

Additional Information

• USACE’s procedures for reviewing requests for Section 408 permission are contained in Engineer Circular (EC) No. 1165-2-220. The corresponding internal guidance related to designating a lead USACE district as referenced in the EC No. 1165-2-220. 
• A fact sheet with additional information regarding the EC. No. 1165-2-220. 
• The Great Lakes and Ohio River Division Regional Review Plan for Low-Impact Alteration Requests pursuant to Section 408. 
• The USACE’s National Levee Database (NLD), the National Inventory of Dams (NID), and the USACE Section 408 database can be utilized during project planning. The NLD, NID, and Section 408 database are three online resources to review to help determine if a project would have the potential to alter a federal project and require Section 408 review and permission.