US Army Corps of Engineers
Norfolk District

408 Reviews

Published Oct. 8, 2019

Section 408

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. 

Additional 408 Information

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.

For additional information, view the Section 408 fact sheet and revised policy.

 


408 Reviews currently open for public comment

  • 408-NA0-2019-0044; Huelsberg

    Expiration date: 11/6/2019

    A Joint Permit Application (NAO 2019-00448, VMRC 19-0309) has been received from Jennifer Huelsberg for a shoreline stabilization project and a 256-foot long by 6-foot wide private pier that terminates in an 8-foot wide by 16-foot long L-head platform adjacent to 1608 Bay Point Drive situated along Broad Bay in Virginia Beach. The channelward end of the pier, including the L-head platform, extends approximately 116 feet into the area that is planned for future Submerged Aquatic Vegetation (SAV) restoration as part of the Lynnhaven River Basin Ecosystem Restoration Project.
  • 408-NAO-2019-0011; City of Norfolk

    Expiration date: 11/6/2019

    A Joint Permit Application has been received (NAO-2000-2192, VMRC 19-0279) from the City of Norfolk for the proposed installation of approximately 3,600 linear feet of living shoreline adjacent to Norfolk International Terminal (NIT) facilities at 7737 Terminal Boulevard situated along the Lafayette River near the confluence with the Elizabeth River in Norfolk. The proposed project is located adjacent to the USACE/NIT Oyster Mitigation Project constructed in 2014 as part of the Craney Island Eastward Expansion Project and which is maintained by USACE
  • 408-NAO-2019-0043; Whitfield

    Expiration date: 11/6/2019

    A Joint Permit Application (NAO 2019-00791, VMRC 19-0684) has been received from Mark and Keri Whitfield proposing to install a 15-foot by 13.5-foot floating dock adjacent to an existing private pier at 1640 Bay Point Drive situated along Broad Bay in Virginia Beach. The proposed location of the floating dock is in a leased area that is planned for future Submerged Aquatic Vegetation (SAV) restoration as part of the USACE Lynnhaven River Basin Ecosystem Restoration Project.

Request a 408 Review

All requests for a 408 Review must be submitted through the District's Regulatory Office at cenao-reg_rod@usace.army.mil

If a Regulatory permit is required, it cannot be issued/verified until any required 408 approval is obtained.  

Additional Information

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