USACE 408 Permit

Issuing Agency:
U.S. Army Corps of Engineers (USACE)

Contact:
Permission Inquiry: https://www.spl.usace.army.mil/Missions/Permitting/
Preapplication meeting: spl.408permits@usace.army.mil
Presubmittal request: spl.408permits@usace.army.mil

Email:
spl.408permits@usace.army.mil

Regulated Activity:
Modification, alteration, or occupation of a USACE civil works project, such as levees, dams, or navigation channels. This includes activities that might affect the structural integrity, usability, or operation of these projects.

​List of 408 facilities in Clark County:

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Prerequisite(s):
Permission inquiry 

1. Permitting inquiries checklist​ ​

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Preapplication Meeting

1. Exhibit with flood control easement lines that clearly identify the project scope within the flood control easement and project scope outside the flood control easement.

2. Project Description

3. Project Schedule (i. construction start date and ii. construction duration)

4. Proposed Meeting Agenda

5. List of Attendees Names and Titles

6. Permit Inquiries Determination (from Step 1) for Clean Water Act Section 401 & 10/404 Permit Requirements

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Presubmittal request

1. An application – signed by the Executive duly authorized to bind the agency.  

2. No objection Letter (if applicable) – signed by the Applicant.  

3. Checklists – Completed checklists with required plans, calculations, reports, deed, and any other documents to support proposed alteration.

4. Cultural Resource report (For template see Resources section of the Website)  

5. Draft copy of Section 401 & 404 permit applications

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Processing Time:
Varies depending on the complexity of the project.
Districts are expected to provide a written completeness determination within 30 days of receipt.
Once a submittal is determined complete, the 90-day Evaluation and Decision step is initiated.

Fees:
There is no fee for a Section 408 permit itself, but there may be costs associated with preparing the necessary documentation, environmental studies, and engineering analyses.

Submittal:
See Prerequisites.
Construction shall begin within 24 months of an approved section 408 Permission. Once the District approves the proposed alterations and issues the 408 Permission, the permittee is then responsible for the Post‐Permission oversight, which includes the following;

(a) Construction oversight.  The Section 408 permittee shall oversee the conduct of the work and ensure construction is in accordance with the issued Section 408 permit and the approved plans and specifications.

(b) As‐builts.  Drawings showing alterations as finally constructed will be furnished by the Section 408 permittee to the district after completion of the work.  As‐builts must be provided within 180 days of construction completion.

(c) Operations and Maintenance (O&M) Manual Updates.  The Section 408 permittee and/or non‐federal sponsor is required to provide an update/supplemental appendix for the O&M manual.  At a minimum, the update should include a description of the new features, reference to the Section 408 approvals, as‐builts, and instructions regarding O&M of any new features not included in the existing manual.  

(d) Post Construction Closeout.  Upon construction completion, the Requester shall notify the USACE in writing that all construction is complete.  The Requester shall also provide electronic copies of the as‐built plans to the USACE, as well as any of the other required documents as required by the Section 408 approval.

When To Submit:
As early as possible in the project planning process, ideally during the initial design phase, to allow sufficient time for review and coordination.

Who Submits:
Project developer or property owner.

**Who Receives:**
Los Angeles District USACE