Section 408 Coordinator


Section 408 Public Notices



Section 408 Review - L-28S Culverts (S-229 A, B, and C); a component of the Comprehensive Everglades Restoration Plan (CERP) Western Everglades Restoration Project (WERP)



Sept 14, 2023

Public Notice

Oct 16, 2023


(WERP Related Project) Section 408 Review - 408-SAJ-2023-0025 -    L-28S Electrical Conduit Runs and Power Supply



Sept. 15, 2023

Public Notice

Oct. 17, 2023
FL Section 408 Public Notice:  408-SAJ-2023-0033 - S-169W-MS Trash Rake Manatee Barrier (C-21)


Location map

Project aerial

Vicinity map

Sept. 21, 2023 Public Notice Oct. 21, 2023
FL Section 408 Review - 408-SAJ-2022-0142 - FDOT Florida Turnpike Bridge Replacement over C-31 Canal



Sept. 22,2023 Public Notice Oct. 22, 2023
FL Section 408 Review 408-SAJ-2022-0044; Miami-Dade County West Dixie Highway Bridge Replacement over C-9 Canal



Sept. 26, 2023 Public Notice Oct. 26, 2023

Section 408 Review 408-SAJ-2022-0063 City of North Miami Pedestrian Bridge Replacement C-8 Canal



Sept. 26, 2023 Public Notice Sept. 26, 2023
FL Section 408 Review - SAJ-2022-0129 Miami-Dade DOTPW C-100 Culvert Crossing Replacement at 132nd Avenue



Sept. 27, 2023  Public Notice Oct. 27, 2023
FL Section 408 Review - SAJ-2023-0014 C-9 MDWASD Open Cut Subaqueous Force Main Crossing at NW 32nd Ave



Sept. 27, 2023 Public Notice Oct. 27, 2023
FL Section 408 Review- 408 Public Notice; 408-SAJ-2023-0041 - Goulds Canal (L-31E Borrow Canal) Filling Improvements (West)


Location map

Vicinity map

Digital Library Collection

Sept. 27, 2023 Public Notice Oct. 27, 2023

What is Section 408?

Section 408 is the process that allows alteration to a federally authorized project. The proposed project cannot pose a risk 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 the federal navigation channel.

This requirement was established in Section 14 of the Rivers and Harbors Act of 1899, codified at 33 United States Code (USC) 408 (Section 408).

Section 408

Through the Civil Works program, 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.  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 improvements to the projects; relocation of part of the project; or installing utilities or other non-project features.

In order to ensure that these projects continue to provide their intended benefits to the public, Congress mandated that any use or alteration of a Civil Works project by another party is subject to the approval of USACE.  This requirement was established in Section 14 of the Rivers and Harbors Act of 1899, which has since been amended several times and is codified at 33 USC 408 (Section 408).

Section 408 provides that USACE may grant permission for another party to alter a Civil Works project upon a determination that the alteration proposed will not be injurious to the public interest and will not impair the usefulness of the Civil Works project.

Additional Information on Section 408

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.

To view a fact sheet with additional information about Section 408 and the revised policy, click here.

USACE reviewed and considered public comment on the draft EC 1165-2-220 to inform the final policy and procedural guidance.  To view the summary of comments received, click here.