Alterations
An alteration is any action by an entity other than the USACE that builds upon, alters, improves, moves, or occupies an existing USACE civil works projects. There are two types of alterations, Section 408s and LNOs, which are described below.
As a general rule, any work within 50 feet from the project must have USACE review.
Section 408 Request
The U.S. Army Corps of Engineers (USACE) Section 408 policy, EC 1165-2-220 effective September 10, 2018, sets forth the process and criteria USACE uses to review requests to alter USACE Civil Works projects which include dams, hydropower, levees systems, and navigational channels. Communities may want to alter existing USACE 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. The purpose of a Section 408 review is to ensure that the Congressionally-authorized benefits of a USACE project are not undermined by an alteration made by others, and to ensure the alteration is not injurious to the public.
Requesters wanting to pursue Section 408 approval for an alteration must complete the Statement of No Objection form and submit plans and other necessary documents for evaluation to the Section 408 Coordinator via email.
Alterations must also comply with Section 10/404. Regulatory Division evaluates permit applications for essentially all work that occurs in "waters of the United States" that are regulated by USACE pursuant to Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act.
LOCATION OF USACE SECTION 408 CIVIL WORKS PROJECTS
NEW!! To determine if your project is near a Louisville District Levee, Channel Improvement, or Bank Stabilization Project, you can verify on the LRL Section 408 Civil Works Projects Map Viewer. As a general rule, if you are within a 1,000 foot radius of a USACE Civil Works Project, contact us to get more detailed plans to avoid any impacts to an existing USACE Civil Works Project.
Letter of No Obligation (LNO) Request
Local Cooperation Agreements require a Non-Federal Sponsor to operate and maintain their levee/floodwall system in accordance with the project specific, mutually agreed upon Operation and Maintenance (O&M) Manual and 33 CFR 208.10.
Non-Federal Sponsors performing rehabilitations (slip-lining, pump station renovations, slope repairs, closure restorations, etc.) are required to complete the LNO Request Form and submit here via email.
Applications
USACE Review Timelines
Plan adequate time for a review:
- Completeness Determination (30 days)
- USACE Review and Decision (90 days)
Track your alterations here (best used in Google Chrome)
Contact your Levee Safety Coordinator at LRL.Sec408@usace.army.mil with ATTN to the Region Name found above in the subject line.