This site describes the process for review and approval of all requests to modify, alter, or occupy any existing U.S. Army Corps of Engineers civil works projects. Civil works projects include dams, levees, channels, navigational channels, and any other flood risk management, navigation, recreation, and infrastructure and environmental stewardship projects constructed by the Corps. It is imperative the intended functions of these projects are not jeopardized. Section 408 is intended to ensure proposed alterations to federal projects do not compromise the original purpose of the project or increase life safety risks.
General. The sole authority to grant permission for temporary or permanent alterations is contained in Section 14 of the Rivers and Harbors Act of 1899 and codified in 33 USC 408 (Section 408). Approval for any modifications, alterations, or occupation of civil works projects is granted through the Kansas City District’s Section 408 program. The District Engineer has the authority to approve most relatively minor, low impact alterations or modifications to the civil works facilities; however, some requests which involve significant modifications, raisings, realignments, etc. may need to be approved at Corps Headquarters.
A Section 408 review includes an engineering, environmental, real estate, and legal review to ensure the alteration does not impair the usefulness of the federal project and is not injurious to the public’s interest. The Kansas City District has a streamlined process for “minor” alterations that have a low risk of impacting the federal project, which typically require 60 days to process. Alterations with more risk of impacting the project require a more thorough review. These reviews may require 90+ days to process. Please coordinate with the Section 408 Coordinator to determine what level of review may be required for your alteration.
The Permission Review and Approval Process. The processing of a Section 408 permission request begins with a written request being submitted to the Kansas City District by the requester.
Engineer Circular 1165-2-216 provides the policies and procedural guidance that the Kansas City District follows in processing requests to alter or modify civil works projects that were constructed by USACE.
To determine if your project needs a Section 408 review, please copy and paste the requested information below, complete with your project details and relevant documents such as plans and specifications (if the attachments are too large to send via email, request an upload link) to the following email address: cenwk-section408@usace.army.mil
Your contact information:
• Name (first/last)
• Mailing Address
• Phone number (555-555-5555)
• E-mail
• Applicant/Agent type (indicate one: consultant/state/county/city/port/diking district/internal USACE/private citizen/other)
• Applicant rep (indicate one: self/name of firm/government office)
Project information:
• Location of proposed work (street/city/zip code/County)
• Latitude (in decimal degrees, i.e. 1.11)
• Longitude (in decimal degrees, i.e. 1.11)
• Google Maps link (Google Maps pin drop location via url)
• Describe the proposed project (be as detailed as possible)
• Is it a levee project?
If yes, what is the diking district's name and contact information? Check the National Levee Database to find your diking district. If the diking district is inactive, state "inactive."
• Have you contacted the Kansas City District Regulatory Office?
If yes, who is the Regulatory Project Manager?
• Current land ownership
• Work type (indicate one: new construction/maintenance/installation/dredging/environmental restoration/other)
• Other work type (if other work type, explain)
Additional information on the process of obtaining Section 408 permission may be found at the links below:
Section 408 Pre-Application Meeting Guide – a one-page guide designed to help permission seekers get the most out of a pre-application meeting with their Section 408 coordinator.
Section 408 Process Guide – an in-depth guide to the program and the process of seeking permission to alter a Civil Works project from start to finish.
Kansas City District Section 408 Program
Phone: 816-389-2144
Email: cenwk-section408@usace.army.mil