What is Section 408?

The Alaska District, in partnership with stakeholders across the state, has constructed many Civil Works projects in support of the Nation's water resources. Over time, there may be a need for others outside of the U.S. Army Corps of Engineers (USACE) to alter or occupy these projects and their associated lands. Reasons for alterations could include improvements to the project, relocation of part of the project, or installing utilities or other non-project features.

 

Section 408 is the process that evaluates proposed alterations, occupations, or use of USACE federally authorized Civil Works project. The proposed project may not be injurious to the public interest and will not impair the usefulness of the federally authorized project. Examples of federally authorized projects include, but are not limited to levees, dams and federal navigation channels. This requirement was established in Section 14 of the Rivers and Harbors Act of 1899, which has been amended several times and is codified at 33 United States Code (USC) 408 (Section 408).

Information on authorized Civil Works projects within the Alaska District's area of responsibility are contained on the Operations Branch website.

To view Section 408 Public Notices, please visit the Reports & Studies page under the heading "Documents Available for Review" and subheading "Operations & Maintenance."

To view summary information of past and current Section 408 reviews, please visit the USACE
permits website
.

Section 408: Resources for Getting Started

If you are looking for information about how to navigate the Section 408 program, these resources are for you. During the program's Summer 2022 Listening Session Series, stakeholders and Section 408 coordinators from USACE districts across the country asked for tools to help guide them through the ins and outs of seeking permission to alter a USACE Civil Works project - especially for those who are new or unfamiliar with program processes.

The following materials were designed with this feedback in mind:

These materials are a great place to start - and for even more information, please see the section below, "Who can I talk with about a Section 408 request?" to get connected with a Section 408 coordinator.

How to apply for Section 408 permission

To determine if your project needs a Section 408 review, please copy and paste the requested information below, complete with your project details, to the following email address: regpagemaster@usace.army.mil.

If needed, conventional mail should be sent to: U.S. Army Corps of Engineers - Alaska District, Operations Branch, ATTN: Sec 408 Coordinator, P.O. Box 6898, JBER, Alaska 99506-0898.

 

Contact Information:
• Name (first/last)
• Mailing Address
• Phone number (555-555-5555)
• E-mail
• Requester
Entity (e.g. state agency/borough/municipality/city/private citizen/other)
• Requester Representative (e.g. consultant/agent), if applicable

 

Project Information:
Project Title
Name of USACE Regulatory POC / Number of USACE Regulatory Permit (if applicable)
Location of proposed work (street/city/zip code)
Describe the proposed project (be as detailed as possible)
Preliminary design drawings / conceptual sketches / area maps / other project design info (if readily available)

Please coordinate with the Alaska District as early as possible in the project planning process. The above information will assist the Corps in determining whether a Section 408 review will be required, in which case the policy and procedural guidance outlined in Engineer Circular (EC) 1165-2-220 shall be followed. An electronic copy of this EC is available under the related links portion of this page. The Corps will then render a determination to approve or deny the proposed project. Please be advised that in addition to Section 408 approval, the requester's proposed project may also require review and approval of a USACE Regulatory permit.