Section 14 of the Rivers and Harbors Act of 1899 and codified in 33 USC 408 (commonly referred to as “Section 408”) authorizes the Secretary of the Army, on the recommendation of the Chief of Engineers of the US Army Corps of Engineers (USACE), to grant permission for the alteration or occupation or use of a USACE civil works project if the Secretary determines that the activity will not be injurious to the public interest and will not impair the usefulness of the project.

On September 10, 2018 USACE issued Engineer Circular (EC) 1165-2-220, Policy and Procedural Guidance for Processing Requests to Alter U.S. Army Corps of Engineers Civil Works Projects Pursuant to 33 USC 408.

The EC provides the policies and procedural guidance for an overall review process that can be tailored to the scope, scale, and complexity of individual proposed alternations, and provides infrastructure specific considerations for dams, levees, floodwalls, flood risk management channels, and navigation projects. 

•EC 1165-2-220 can be found through this direct link or at www.publications.usace.army.mil by searching under Engineer Circulars.

For more information, or questions, about Section 408 Permissions, dial 504-862-1576 or send an email using the form below.