On September 17, 2026, Wyoming issued Executive Order (EO) 2026-07 and Appendix A, replacing Executive Order 2019-3 and updating the state’s approach to Greater Sage-Grouse Core Area Protection. The order and its appendices address mapped habitat areas, project-level habitat definitions, reclamation and monitoring, valid existing rights, permitting, development stipulations, and adaptive management.
Beyond introducing new habitat definitions, these changes have practical implications for mining and oil and gas operators. Existing and planned activities in sage-grouse habitat may require greater coordination among project planning, habitat condition assessments, monitoring, and future disturbance management. Because habitat conditions and the documented trajectory of reclaimed acreage can influence habitat classification, they may also affect how disturbance is evaluated using the Density Disturbance Calculation Tool (DDCT).
Five Considerations for Projects in Sage-Grouse Habitat
The effect of Executive Order 2026-07 will depend on a project’s location, existing authorizations, disturbance history, habitat condition, and future plans. For operators evaluating current or planned activities in sage-grouse habitat, five considerations can help identify where the updated framework may affect project planning and permitting.
1) Habitat classification can affect DDCT disturbance accounting
The framework distinguishes suitable, transitional, disturbed, and unsuitable habitat. The EO also distinguishes between short- and long-term disturbance, making the type, duration, and eventual condition of disturbed acreage important considerations when evaluating a project’s DDCT profile.
Transitional habitat is previously disturbed or burned land with less than 5% sagebrush cover that is actively managed to provide functional habitat within 10 years. A valid, reliable, and repeatable trend toward suitable habitat, supported by at least five years of data and a management plan, is required. Transitional habitat does not count toward the Executive Order’s 5% DDCT disturbance threshold, but a site that does not become suitable within 10 years is considered disturbed.
2) Reclamation outcomes can affect sage-grouse habitat classification
Reclaimed or restored areas with at least 5% sagebrush canopy cover and appropriate grass and forb communities may qualify as suitable habitat. Certain reclaimed areas with less than 5% sagebrush cover may also qualify when they are within 60 meters of suitable habitat and meet specified vegetation criteria. Otherwise, transitional status may be considered with a reclamation management plan and Wyoming Game and Fish Department approval.
These designations invite another look at legacy reclamation and the potential for qualifying habitat. Restoration or enhancement does not automatically reduce disturbance counted through the DDCT, so the potential benefit should be evaluated based on the resulting habitat condition, applicable classification criteria, and agency coordination.
3) Monitoring should be designed for future Habitat Classification determinations
Basic reclamation monitoring may not provide the information needed for a later habitat-classification determination. Monitoring programs should connect baseline conditions, reclamation objectives, applicable vegetation criteria, methods, locations, trend evaluation, and corrective actions. This is especially important where a project may seek transitional or suitable classification.
4) Valid Existing Rights Matter, but New Surface Disturbance Requires Review
The Executive Order recognizes qualifying valid existing rights for activities such as mining, oil and gas, processing facilities, transportation, and utilities. The application of valid existing rights varies by activity and authorization. The EO contains separate provisions for pre-existing oil and gas units and qualifying coal and non-coal mining activities, making project-specific review important when evaluating expansions, permit revisions or modifications, and new surface disturbance. New activities within an existing project boundary still require DDCT disturbance tracking. Project-specific review is particularly important for expansions, permit modifications, new surface disturbance, and work outside an authorized boundary.
5) Early WGFD and DDCT coordination can Help Inform Project Planning
For state permit applications involving Core Population Area issues, WGFD is identified as the first point of contact. Project proponents should contact WGFD at least 45 to 60 days before application submittal. Early coordination allows the project footprint, existing disturbance, habitat classification, reclamation status, and potential avoidance or minimization measures to be considered before design decisions are fixed.
Key Sage-Grouse Habitat, DDCT, and Permitting Thresholds Under EO 2026-07
Several criteria in Executive Order 2026-07 can influence project siting, scheduling, reclamation, and monitoring. The following thresholds provide a starting point for project planning, although project-specific requirements should be confirmed against the EO, its appendices, and agency guidance.
| Project Consideration | Executive Order 2026-07 | Planning implication |
| Core Area disturbance | 5% of suitable habitat within the DDCT assessment area | Reclamation and habitat classification can influence disturbance accounting. |
| Suitable reclaimed habitat | Generally at least 5% sagebrush canopy cover with appropriate grass and forb communities | Vegetation criteria should be incorporated into reclamation objectives and monitoring. |
| Transitional habitat | Less than 5% sagebrush cover; managed toward functional habitat within 10 years; at least five years of trend data | Requires a management plan, defensible trend data, and agency coordination. |
| Occupied lek buffer | 0.6-mile no-surface-occupancy area in Core Population Areas | Site layout and timing should be evaluated early. |
| General seasonal window | Activities generally allowed July 1 through March 14 where specified habitat is present | Seasonal constraints can affect field schedules and construction sequencing. |
| WGFD coordination | Contact at least 45 to 60 days before a state permit application | Build review time into project schedules. |
What Mining and Oil & Gas Operators Should Do Now
Operators do not need to wait for a new permit application to begin evaluating the implications of the updated EO. Existing disturbance inventories, reclamation records, monitoring programs, and anticipated project modifications can provide a useful starting point. Project teams should consider the following actions:
- Review current and planned work against the 2026 habitat maps and applicable habitat designations.
- Reconcile disturbance inventories with permit boundaries, as-built footprints, historical reclamation, and anticipated modifications.
- Assess whether reclamation objectives and monitoring methods can support suitable or transitional habitat determinations.
- Identify legacy areas where targeted restoration or enhancement may improve function, while recognizing that such work does not automatically reduce DDCT disturbance.
- Coordinate DDCT, permitting, reclamation, and monitoring decisions as one project-planning process.
- Document assumptions, agency coordination, and the technical basis for habitat classifications.
Integrating Sage-Grouse Habitat and DDCT Considerations into Project Planning
Executive Order 2026-07 links habitat condition, reclamation performance, monitoring records, and disturbance accounting more closely within project planning. Mining and oil and gas operators should evaluate existing disturbance data, planned work, reclamation outcomes, and monitoring methods early enough to identify potential permitting or design implications.
Project teams should confirm the order’s project-specific application with WGFD and the appropriate permitting agencies before relying on a habitat classification, disturbance calculation, seasonal window, or valid-existing-right determination.
This article is an informational summary and does not replace project-specific review of Executive Order 2026-07, its appendices, permit requirements, or agency guidance.
FAQs About Executive Order 2026-07
Wyoming Executive Order 2026-07 establishes the state’s current framework for Greater Sage-Grouse Core Area Protection, replacing Executive Order 2019-3. The order updates how sage-grouse habitat is classified and managed and addresses topics including habitat designation, surface disturbance, reclamation, monitoring, permitting, valid existing rights, and adaptive management.
Executive Order 2026-07 introduces updated habitat classifications and places greater emphasis on habitat condition, reclamation progress, and monitoring data when evaluating sage-grouse habitat. The order also refines how habitat and disturbance are assessed during project planning and regulatory review.
Under Executive Order 2026-07, reclaimed areas may influence habitat classification based on existing conditions and the documented trajectory of habitat recovery. As reclamation progresses and habitat characteristics improve, those conditions may be considered when evaluating habitat status and development impacts.
The Density Disturbance Calculation Tool (DDCT) is Wyoming’s process for evaluating surface disturbance within sage-grouse habitat. The tool helps regulators and project proponents assess whether proposed activities are consistent with applicable disturbance thresholds and habitat management requirements.
Operators should review how the updated habitat framework may apply to existing and planned projects, particularly in areas where habitat classification, reclamation status, or monitoring results could influence permitting and disturbance evaluations. Early coordination among environmental, permitting, reclamation, and operations teams can help identify potential considerations before project development advances.
