Be the first to like this
Project managers occasionally encounter the need for a 408 review. What is a 408, when is it required and why is it important to know the upcoming changes?
Civil works projects (flood protection levees, hydropower dams, lock systems, etc.) are public undertakings supported by taxpayer dollars. When projects proposed by public or private entities may affect these civil works, the USACE is required by Congress to determine if that effect would impair the functionality of the civil works project. The statute requiring this analysis by the USACE is codified at Title 33 of the United States Code at Section 408, hence the shorthand phrase for the analysis, “408 Review”. This approval is required prior to receiving a USACE permit.
Changes to the 408 Review are a welcome improvement with increased predictability, decision timeliness and elimination of redundant environmental reviews which will assist in planning, funding and building projects. Noteworthy changes include clarification on when a 408 Review is required, options for securing the 408 Review, timelines for 30 and 90 day reviews and a public database to track review progress.