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Section 408 Overview

Section 408 Example: Cane Run Pump Station discharge pipe construction through the Clarksville Levee System.

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.

Examples of projects that need USACE Section 408 permission include:

  • Running a water main from one side of a levee to the other.
  • Adding hydropower to a dam.
  • Building a bridge across a navigable waterway maintained and surveyed by USACE.
  • Building a swimming pool in a backyard, within the footprint of the USACE easement for a levee.
  • Installing utility lines or pipelines over or through a USACE project.

Additional 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.

A list of Section 408 actions is available to the public on the USACE Headquarters website at: https://permits.ops.usace.army.mil.

Who to contact if you have a Section 408 request

If you are planning a project that may require alteration to a USACE Civil Works project:

  1. Determine what USACE district your project is located within on the USACE Civil Works boundaries map.
  2. Visit your district’s Section 408 webpage and contact their Section 408 Coordinator. Below are the districts within the Great Lakes & Ohio River Division:

Scheduling a pre-application meeting with your Section 408 coordinator can be helpful to understand the requirements. Your district Section 408 coordinator can confirm whether a Section 408 request is needed and answer any questions you have about the process of submitting a request.

Public Notices

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DatePublic Notice Title
3/14/2022

Section 408 Proposed Regional Categorical Permission Program

Section 408 Contact

Section 408 Program Manager
Bonnie Jennings
CELRD-408@usace.army.mil
502-552-7204