US Army Corps of Engineers
Fort Worth District Website Website

Section 408

Section 408 Funding Status

The USACE Section 408 program and the Fort Worth District is currently impacted by a federal funding shortfall. This will result in the delay of many Section 408 requests and also may delay some interdependent Regulatory permit decisions. The progress of existing Section 408 requests will be slowed or put on hold and we will not be able to coordinate or process any new requests until funding is received by the national Section 408 program for distribution, a funding agreement is executed with the Fort Worth District, or new appropriations in October 2020. For the status of a previously submitted Section 408 request, please check with the non-federal sponsor.

The U.S. Army Corps of Engineers (USACE) Fort Worth District has constructed numerous Civil Works projects throughout Texas.  These USACE federally authorized Civil Works projects represent a diverse range of the USACE water resources mission, including Flood Risk Management projects, Ecosystem Restoration projects, and Multi-Purpose Reservoirs.  Many of these Civil Works projects have been constructed with the cooperation of non-federal local sponsors. 

The authority to grant permission for temporary or permanent alterations to USACE Civil Works projects is contained in Section 14 of the Rivers and Harbors Act of 1899 and codified in 33 USC 408 (Section 408).  Section 408 authorizes the USACE to grant permission to alter a Civil Works project upon a determination that the proposed alteration will not be injurious to the public interest and will not impair the usefulness of the project.

How to Submit a Section 408 Request

Assistance with determining if a proposed activity requires a Section 408 review begins with contacting the Fort Worth District.  Early communication with the Fort Worth District, and the non-federal local sponsor who has operation and maintenance responsibilities, is critical to ensure a timely and efficient review.  For questions, please contact the Section 408 Coordinator listed on this page.

Engineer Circular 1165-2-220 contains guidance applicable to all types of USACE Civil Works projects that may be tailored for a specific Section 408 request. 

In addition to requirements in Engineer Circular 1165-2-220 (see paragraph 11 for basic requirements) the following information is important in ensuring a timely review:

  • The first submittal of information should have a cover letter signed by the entity requesting the Section 408 permission
  • The letter should identify the agents/consultants that represent the requester
  • Description of the proposed alteration of the USACE project
  • Draft real estate easement, other instrument, or modification of existing agreements that the sponsor would grant to the requester, if applicable
  • Overview figure(s) of the proposed alteration for use in a public notice and for agency coordination, with an aerial background
  • Official Species List from the U.S. Fish and Wildlife Service online Information for Planning and Consultation (IPaC) system http://ecos.fws.gov/ipac
  • Cultural resources report, if required
  • Do not submit copies of previously approved USACE feasibility reports or National Environmental Policy Act documents unless USACE asks for these. Please incorporate these documents by reference in 408 request submittals.

Photos of Fort Worth District Civil Works Projects

Section 206, Laredo, Texas Pond B
Section 205, Gainesville, Texas
Section 205, Gainesville, Texas Downstream end of mitigation area
Trinity Park
Dallas Floodway during flood conditions.
Dallas Floodway Extension, Central Waste Water Treatment Plant, and Chain of Wetlands Cell D following construction.
Lewisville Lake at Frisco Section 1135 Project, Stewart Creek Wetland Cell ecosystem following construction.
Dallas Floodway with Margaret Hunt Hill Bridge under construction.

Contact Information

Section 408 questions?
Section 408 Coordinator, Jason Story
Phone: (817) 886-1852
Email:  jason.e.story@usace.army.mil

Section 404 or Section 10 permit questions?
Fort Worth District Regulatory Division
(817) 886-1731

Impacts to USACE Reservoir Projects? Please contact the Lake Project Office.
Lakes and Recreation

Fort Worth District Civil Works Projects