---
kind: "section"
citation: "33 C.F.R. § 234.8"
title: "33"
number: "234.8"
heading: "Final array of alternatives."
url: "https://uscodex.org/cfr/33/234.8"
---

# §234.8. Final array of alternatives.

- (a) Except as provided in paragraphs [(c)](#c) and [(f)](#f) of this section, the final array of alternatives shall include, at a minimum, the following six alternatives:
  - (1) **A No Action alternative.**
  - (2) **A nonstructural alternative—** An alternative that can effectively address the problem through the feasible use of nonstructural approaches.
  - (3) **A nature-based solution alternative—** An alternative that can effectively address the problem through the feasible use of nature-based solutions (including natural systems and ecosystem processes).
  - (4) **An environmentally preferred alternative.**
  - (5) **An alternative that seeks to maximize net public benefits to society.** In developing this alternative, the Corps shall not consider regional economic development effects.
  - (6) **An alternative that is locally preferred.** If this alternative differs from the net public benefits alternative, it will be required to have a comparable level of detail and analyzed using the same analytical framework as the net public benefits alternative.
- (b) The nonstructural and nature-based alternatives do not preclude consideration of these elements in other alternatives. Nonstructural measures and nature-based solutions shall be considered as components of the other alternatives in the final array, essentially providing an integrated or “hybrid” of gray (hard) infrastructure with these other measures.
- (c) The same alternative may be identified as more than one of these required alternatives.
- (d) Mitigation of unavoidable adverse effects associated with each alternative must be included in the alternative and in the analyses.
- (e) If an alternative requires changes in existing laws, regulations, or policies, those changes must be clearly identified and explained.
- (f) If one or more of the required alternatives is not included because the Corps was not able to identify a potential solution that is feasible and consistent with the purpose of the study, the study must document that decision.
- (g) The discussion of the final array of alternatives should include the primary purpose of the analysis; the geographic size of the study area; the types of impacts; the number of people potentially affected and anticipated degree of impact; environmental justice considerations; the size and location of communities potentially affected including the presence of Federally-recognized Tribes or Tribal members; and the type of data and information available from Indigenous Knowledge, collaboration, public involvement, and previous studies.

## Notes

### Authority

Authority: 42 U.S.C. 1962-3.

### Source

Source: 89 FR 104021, Dec. 19, 2024, unless otherwise noted.