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, 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 USACE 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. Section 408 also applies if a business or utility company seeks to run power lines or pipelines over or through a USACE project.
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 or purpose of the Civil Works project.
If you have any questions or want to learn more about Section 408 within the New England District, please contact the below point of contacts:
Additional Section 408 Information
USACE’s procedures for reviewing requests for Section 408 permission is contained in Engineer Circular (EC) 1165-2-220. The corresponding internal guidance related to designating a lead district as referenced in EC 1165-2-220 can be found at this link.