408 Reviews

Published Oct. 8, 2019
Updated: July 25, 2022

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

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408 Information

  • Request a 408 Review

All requests for a 408 Review must be submitted through the District's Regulatory Office.

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

  • Additional Information

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