Section 408

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 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, Vicksburg 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:

MVK404408@usace.army.mil

Contact Information

Mr. Neal Lewis
Section 408 Coordinator
601-631-7493 - Click here to Email
 
Mr. Bryan Williamson
 Section 408 Regulatory POC
601-631-5292 - Click here to Email

 

Section 408 Policy and Guidance

The Engineering Circular 1165-2-220 was developed by the Department of the Army, United States Corps of Engineers as policy and procedural guidance for the processing of requests to alter Corps civil works projects pursuant to 33 USC 408.

Section 408 Listening Sessions

SCHEDULE: The following dates indicate the preferred placement for expected content (shorten and paraphrase for Twitter) originating from USACE Headquarters.

Date

Message

More info/creative

Aug. 8

Through Section 408 activities, USACE ensures that alterations by another party to USACE Civil Works projects will not adversely impact the public interest and will not impair the usefulness of the authorized Civil Works project.

For example, building a bridge across a navigable waterway maintained and surveyed by USACE needs USACE Section 408 permission.

Learn more about Section 408 at https://www.usace.army.mil/Missions/Civil-Works/Section408/

Cape Cod Canal Bridges at Sunset. - Photo by: Kevin Burke VIRIN: 151211-A-CE999-001.JPG

Aug. 9

USACE will host four virtual stakeholder listening sessions (on Aug. 16 and Sept. 1) to seek feedback about the implementation of Section 408 and recommendations for improvement. Join us during one of our upcoming listening sessions to share your thoughts on the program. 

Learn more about Section 408 at https://www.usace.army.mil/Missions/Civil-Works/Section408/

Aug. 12

Have you engaged with the Section 408 process? If so, we want to hear from you!

Join us for an upcoming virtual listening session and/or email your feedback to HQ-Section408@usace.army.mil

The first two sessions are next week

Learn more about Section 408 at https://www.usace.army.mil/Missions/Civil-Works/Section408/

Aug. 19

Why is the Section 408 program important? Section 408 protects the public by ensuring changes to a USACE Civil Works project don’t impair the project’s usefulness.

Learn more about Section 408 at https://www.usace.army.mil/Missions/Civil-Works/Section408/

 

Aug. 26

Have you engaged with the Section 408 process? If so, we want to hear from you! Join us September 1 for a virtual listening session to provide your feedback or recommendations for improvement.

 Join us for an upcoming virtual listening session and/or email your feedback to HQ-Section408@usace.army.mil

Learn more about Section 408 at https://www.usace.army.mil/Missions/Civil-Works/Section408/

Aug. 29

There are still openings for the USACE Section 408 program listening sessions on September 1!

Learn more about Section 408 at https://www.usace.army.mil/Missions/Civil-Works/Section408/

Aug. 31

ICYMI: WE WANT TO HEAR FROM YOU! We are hosting

two listening sessions on September 1 to hear from individuals and organizations that have applied for Section 408 permissions.

Learn more about Section 408 at https://www.usace.army.mil/Missions/Civil-Works/Section408/

Sept. 9

ICYMI: USACE wants to hear from individuals and organizations that have applied for Section 408 permissions. Feedback will help USACE make future improvements to the program.

Join us for an upcoming virtual listening session and/or email your feedback to HQ-Section408@usace.army.mil

Learn more about Section 408 at https://www.usace.army.mil/Missions/Civil-Works/Section408/

Sept. 23

Through Section 408 activities, USACE ensures that alterations by another party to USACE Civil Works projects will not adversely impact the public interest and will not impair the usefulness of the authorized Civil Works project.

For example, adding hydropower to a dam may require a Section 408 permission. USACE is seeking feedback on the program.

Join us for an upcoming virtual listening session and/or email your feedback to HQ-Section408@usace.army.mil

Learn more about Section 408 at https://www.usace.army.mil/Missions/Civil-Works/Section408/

Ice Harbor Lock and Dam at night. Photo by: Jay Anderson | VIRIN: 220406-A-QM295-0002.JPG