Wyoming Sage-Grouse EO: 2026 Draft Changes

The short version: Wyoming's draft 2026 Sage-Grouse Executive Order is not yet signed — the comment period closed July 31, and a final version is expected in roughly four months. The draft expands Core Population Areas to 15.8 million acres, covering about 90% of the state's sage-grouse population (up from 84%), adds a five-year map stability commitment, and tightens habitat definitions. Development stipulations aren't loosening — if anything, the map expansion adds conservatism for projects near existing Core Area edges.

Governor Gordon's office has released a draft revision to Wyoming's Greater Sage-Grouse Core Area Protection strategy, which will replace the current Executive Order 2019-3 once finalized. For operators working in or near Wyoming's Core Population Areas, this is a rulemaking worth watching closely — below, we break down what's actually changing, what's staying the same, and what it means for projects currently in planning.

Draft order source: Wyoming Game & Fish Department – Sage-Grouse Executive Order

Current Status

• The public comment period on the proposed revisions closed July 31, 2026.
• The order remains in draft form — Executive Order 2019-3 is still the controlling authority for all current permitting.
• Based on the timeline for the last major revision in 2019, we anticipate a signed final version in approximately four months, likely around late 2026.
• We're monitoring for the signed version and will update this page as soon as it's finalized.

What's Changing — Substantive Revisions

New Habitat Categories

EO 2019-3 was built primarily around a Core / Non-Core distinction. The draft formalizes three additional categories — Connectivity Areas, Winter Concentration Areas, and a new Stewardship Area designation (fragmented, largely private/mixed-ownership habitat, managed similarly to Non-Core) — each with its own stipulation set.

Core Area Map Expansion

Core Population Areas grow from roughly 15 million acres (~84% of the state's sage-grouse population) to approximately 15.8 million acres, covering roughly 90% of the population. This reflects map revisions that have been in development since 2023–2024, including new acreage in the Powder River Basin and Moneta area, alongside some retractions elsewhere.

Five-Year Map Stability Commitment (New)

The draft adds a provision that core area boundaries and stipulations will not be altered for a minimum of five years from the order's effective date, absent compelling new information. This didn't exist in EO 2019-3 and would be a meaningful certainty gain for operators once in effect.

Valid Existing Rights — Extended Cutoff

EO 2019-3 grandfathered activities permitted before August 1, 2008 (or before July 29, 2015 for areas added by EO 2015-4). The draft adds a third tier: activities permitted before the new EO's effective date are similarly grandfathered within any Core Area newly added by this 2026 order.

Formalized Adaptive Management Process

The draft establishes a structured Adaptive Management Working Group and Technical Team process, with an annual October 1 review deadline and defined escalation steps — continued monitoring, recommendations, and emergency recommendations. This process was referenced more loosely in 2019-3.

Expanded Habitat & Reclamation Definitions

The habitat appendix is substantially more detailed — specific measurement methodology (the Line-Intercept method for sagebrush canopy cover), a 275-meter brood-rearing buffer standard, a 60-meter reclamation-adjacency threshold, and defined "suitable / transitional / disturbed / unsuitable" habitat tiers with numeric triggers. This is a tightened technical standard compared to the shorter 2019-3 version.

Updated Federal Coordination References

The draft incorporates the 2025 BLM Resource Management Plan Amendments and the U.S. Fish & Wildlife Service's 2025 revised Section 10 policy — Conservation Benefit Agreements replacing new CCAAs/CCAs — reflecting the current federal regulatory posture.

Well Pad Density Figure — Needs Confirmation

The draft states oil and gas well pad density should not exceed 12 pads within a 2-mile radius of an occupied lek. This is a different pairing than the commonly cited "11 pads within 1.9 miles" figure under 2019-3. We recommend treating this as unconfirmed until the signed final version is issued.

What's Staying the Same

• Core Area 5% surface disturbance / 1 well pad per 640 acres density threshold
• 0.6-mile No Surface Occupancy (NSO) buffer around occupied leks in Core Areas; 0.25-mile NSO in Non-Core
• July 1 – March 14 seasonal timing limitation window in Core Areas
• 10 dB noise threshold above baseline during breeding season (March 1 – May 15)
• The Density and Disturbance Calculation Tool (DDCT) remains the operative screening and compliance tool
• Wind and solar development continues to be discouraged in Core Population Areas

What This Means for Your Projects

• No immediate action is required — EO 2019-3 governs all current permitting until a final order is signed.
• The draft does not loosen development stipulations; the expanded core area map and tightened habitat definitions, if anything, add conservatism.
• The five-year stability commitment, once in effect, is the clearest planning benefit — it would lock in boundaries and stipulations for a defined window.
• Operators siting projects near existing Core Area edges — particularly in the Powder River Basin and Moneta areas — should factor in a possible boundary shift.

Progressive Consulting is tracking this rulemaking and will update this page when the final Executive Order is signed. Have questions about how this may affect a specific project? Get in touch with our team.