The Honolulu District, in partnership with our non-federal sponsors, has constructed Civil Works projects in support of the Nation's water resources across the District’s area of responsibility.  Over time, there may be a need for an alteration or occupation by others of these completed works. The U.S. Army Corps of Engineers (USACE) Section 408 program allows another party, such as a local government, company, or individual, to alter a USACE Civil Works project. Proposed alterations to a completed project may range from improvements, relocation, or installing utilities or other non-project features.

Section 408 is the process that evaluates proposed alterations, occupations, or use of USACE federally authorized Civil Works project.  The proposed action must not be injurious to the public interest or impair the usefulness of the federally authorized project.  Examples of federally authorized projects include, but are not limited to levees, dams and federal navigation channels. This requirement was established in Section 14 of the Rivers and Harbors Act of 1899, which has been amended several times and is codified at 33 United States Code (USC) 408 (Section 408).

Examples of projects that need USACE Section 408 permission include:

• Modifications to a bridge crossing over an existing USACE flood control project.
• Installation of a fish ladder in an existing USACE flood control project.
• Adding hydropower to a dam.