Norfolk District Section 408 Program

Section 408 Point of Contact

Katy R. Damico
Section 408 Team Lead
Operations Branch
Norfolk District, USACE
803 Front Street
Norfolk, VA 23510
757-201-7670 
katy.r.damico@usace.army.mil
408 Inbox: nao.section408@usace.army.mil

Section 408 in Virginia

Four of our sister Districts have Civil Works boundaries within the Commonwealth of Virginia. Please see the USACE Civil Works Boundary Map (*use the USACE Civil Works Boundary layer) in the Norfolk District Section 408 Public Map

If your project is located within the CW boundaries of another District, please contact the corresponding District’s Section 408 Coordinator for more information:

Section 408

Norfolk District Civil Works Boundaries (Click for high-resolution image)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 interest (e.g., flood risk management, coastal storm damage reduction, navigation).

The U.S. Army Corps of Engineers (USACE), Norfolk District is required to review requests initiated by private, public, tribal, or other federal entities that propose to make alterations to, or temporarily or permanently occupy or use, any USACE federally authorized civil works project pursuant to 33 USC 408 (Section 408) and in accordance with Engineering Circular 1165-2-220

The USACE will then make a determination as to whether the proposed action is injurious to the public interest or affects the ability of the project to meet its authorized purpose.  Following the review, the USACE will make a 408 Determination as to whether the proposed alteration, occupation, or use of the federal project is approved or denied. 

Norfolk District Section 408 Categorical Permissions

In accordance with EC 1165-2-220, the Norfolk District maintains the ability to create a “categorical permission” in order to expedite and streamline the review and final decisions of Section 408 requests that are similar in nature and that have similar impacts to the USACE project and environment. An assessment of impacts to the usefulness of the USACE project, environmental compliance, and a public interest determination is conducted ahead of time for a common category of activities. For those individual Section 408 requests that are consistent with the terms and conditions of an established categorical permission, the Section 408 request can be granted with a simplified validation process.

Categorical Permission 1 (408-CP-01) - Maintenance Dredging within the Footprint of Specific Civil Works Federal Navigation Projects Located in the Middle Peninsula, Virginia

•    408-CP-01 grants permission to alter specific Civil Works Federal Navigation Projects located in the Middle Peninsula of Virginia, as depicted on the attached 408-CP-1 CW Project Maps. The approved alteration(s) is limited to maintenance dredging and dredged material placement activities of a specific Federal Navigation Project to the Congressionally authorized dimensions. These activities must be reviewed in conjunction with a DA permit from the Norfolk District Regulatory Branch. See the full 408-CP-01 for complete details.

•    408-CP-01 Request – To request a Section 408 review under the terms and conditions of 408-CP-01, the Requester must provide a complete and signed Section 408 Categorical Permission (408-CP-01) Review Request Form along with the applicable Department of the Army Joint Permit Application (JPA) submitted in accordance the JPA instructions on the Norfolk District Regulatory Branch webpage. Once received and assigned to a Regulatory project manager (PM), a copy will be forwarded to the Section 408 Team Lead and the 408-review process will begin. The Section 408 reviewer will review and verify the proposed alteration to ensure it is covered under 408-CP-01 and identify additional information required to process the request.

Categorical Permission 2 (408-CP-02) - Low Impact Alterations Conducted By Nonfederal Sponsors or Independent Requestors to the Sandbridge Beach Erosion and Hurricane Protection Project in Virginia Beach, Virginia.

  • 408-CP-02 grants permission to alter the Sandbridge Beach Erosion Control and Hurricane Protection Project (Federal project), a USACE Civil Works project, via a variety of requests from property owners for minor and low impact activities such as sand maintenance and construction of structures on residential properties located within the Federal project easement. Property owners at the Federal project have requested and are expected to continue to request authorization to have sand and debris removed or to construct and maintain a variety of surface or subsurface structures on private property that require Section 408 coordination. All proposed activities will take place landward of the mean high water (MHW) line and include:
  1. Sand Maintenance - Sand from Sandbridge Beach is continuously migrating through natural processes onto residents’ properties such as yards, decks, and pools. Residents frequently propose to remove excess sand that has migrated onto private property and place the sand back onto Sandbridge Beach and within the Federal project limits to maintain their properties. Maintenance may also be required for non-sand marine debris that migrates through natural processes onto private property and may requires disposal.
  1. Structures - Property owners at the Federal project have requested and are expected to continue to request authorization to construct and maintain a variety of surface or subsurface structures on private property but within the Federal project easement. Structures may include but are not limited to bulkheads (or low-profile retaining walls), piles, decks, pools, storage sheds, landscaping, or other residential structural features. Structures may be constructed and maintained for various purposes including protection of property, safety, improvements to meet local or state codes, aesthetics, and recreation.
  • 408-CP-02 Request – To request a Section 408 review under the terms and conditions of 408-CP-02, the Requester must provide a complete and signed Section 408 Categorical Permission 2 (408-CP-02) Review Request Form along with project plans submitted to the Section 408 Coordinator at nao.section408@usace.army.mil. The Section 408 Coordinator, or assigned Section 408 reviewer, will review, and verify the proposed alteration is covered under this CP and identify any additional information required to process the request.
 

Section 408 Review Requests

If a Department of the Army (DA) permit authorization is required, a Joint Permit Application (JPA) must be submitted through the Norfolk District's Regulatory Office at cenao-reg_rod@usace.army.mil

If a Regulatory permit is not required, the Section 408 Review Request should be submitted directly to the District's Section 408 Coordinator at nao.section408@usace.army.mil

To request a pre-application meeting or to submit any Section 408 questions or comments, please submit direcly to the Section 408 Coordinator at nao.section408@usace.army.mil

Section 408 Public Notices will be shared on Facebook and Twitter. Follow us to stay up to date.

Additional Section 408 Information

Section 408 Guidance
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.

Section 408 Process Guide
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 contact the Norfolk District Section 408 Point of Contact listed at the top of this webpage.

Norfolk District Section 408 Public Notices

  • Section 408 Public Notice for Richmond Floodwall South-Silo

    Interested parties are hereby notified that multiple requests for permission to alter a U.S. Army Corps of Engineers (USACE) project pursuant to Section 14 of the Rivers and Harbors Act of 1899 (33 U.S.C. Section 408) have been received and will be evaluated by the Norfolk District. Written comments, including any objections to the proposed alteration, stating reasons therefore, are being solicited from anyone having an interest in the requested alteration. Comments should be received by Feb. 7, 2024.
  • 408-NAO-2023-0059, City of Richmond, Richmond Southside Floodwall

    Expiration date: 11/23/2023

    Interested parties are hereby notified that a request for permission to alter a U.S. Army Corps of Engineers (USACE) project pursuant to Section 14 of the Rivers and Harbors Act of 1899 (33U.S.C. Section 408) has been received and will be evaluated by the Norfolk District. Written comments, including any objections to the proposed alteration, stating reasons therefore, are being solicited from anyone having an interest in the requested alteration. The authority to grant permission for temporary or permanent use, occupation or alteration of any USACE Civil Works project is contained in Section 14 of the Rivers and Harbors Act of 1899, as amended, codified at 33 USC 408 (“Section 408”). Section 408 authorizes the Secretary of the Army to grant permission for the alteration or occupation or use of a USACE 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.
  • 408-NAO-2023-0120, City of Norfolk, Verizon line relocation

    Expiration date: 11/21/2023

    Interested parties are hereby notified that a request for permission to alter a U.S. Army Corps of Engineers (USACE) project pursuant to Section 14 of the Rivers and Harbors Act of 1899 (33U.S.C. Section 408) has been received and will be evaluated by the Norfolk District. Written comments, including any objections to the proposed alteration, stating reasons therefore, are being solicited from anyone having an interest in the requested alteration. The authority to grant permission for temporary or permanent use, occupation or alteration of any USACE Civil Works project is contained in Section 14 of the Rivers and Harbors Act of 1899, as amended, codified at 33 USC 408 (“Section 408”). Section 408 authorizes the Secretary of the Army to grant permission for the alteration or occupation or use of a USACE 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. The proposed action is also subject to the requirements and objectives of Executive Order (EO)11988, Floodplain Management and has the potential to impact floodplains. This notice complies with Section 2(a)(4) of EO 11988 and requests advance public comment to determine if there are any public concerns regarding potential impacts on floodplains.

  • NAO-2023-0086_408, City of Norfolk, NCSRM water line relocation

    Expiration date: 11/15/2023

    Interested parties are hereby notified that a request for permission to alter a U.S. Army Corps of Engineers (USACE) project pursuant to Section 14 of the Rivers and Harbors Act of 1899 (33U.S.C. Section 408) has been received and will be evaluated by the Norfolk District. Written comments, including any objections to the proposed alteration, stating reasons therefore, are being solicited from anyone having an interest in the requested alteration. The authority to grant permission for temporary or permanent use, occupation or alteration of any USACE Civil Works project is contained in Section 14 of the Rivers and Harbors Act of 1899, as amended, codified at 33 USC 408 (“Section 408”). Section 408 authorizes the Secretary of the Army to grant permission for the alteration or occupation or use of a USACE 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. The proposed action is also subject to the requirements and objectives of Executive Order (EO)11988, Floodplain Management and has the potential to impact floodplains. This notice complies with Section 2(a)(4) of EO 11988 and requests advance public comment to determine if there are any public concerns regarding potential impacts on floodplains.

  • 408-NAO-2023-0072, City of Hampton, Tappan Avenue Breakwater Project

    Expiration date: 8/3/2023

    A request for permission to alter a U.S. Army Corps of Engineers (USACE) project pursuant to Section 14 of the Rivers and Harbors Act of 1899 (33 U.S.C. Section 408) has been received and will be evaluated by the Norfolk District. Written comments, including any objections to the proposed alteration, stating reasons therefor, are being solicited from anyone having an interest in the requested alteration. Comments should be received by Aug. 3, 2023.