TOWNSHIP OF ESQUIMALT STAFF REPORT
MEETING DATE: January 26, 2026 Report No. DEV-26-001
TO: Council
FROM: Jakub Lisowski, Planner II Policy, Development Services
SUBJECT: Deer Fencing Policy Development
RECOMMENDATION:
Recommendation
That Council direct staff to prepare a report and Zoning Bylaw amendment bylaw to regulate deer fencing for Council’s consideration based on feedback received and that Staff Report No. DEV-26-001 be received for information.
Body
EXECUTIVE SUMMARY:
In 2021, Council directed staff to prepare a report on deer fencing (Appendix “A”). The report (Staff Report DEV-21-070) was presented to the Committee of Whole on October 18, 2021. Following the Committee’s discussion, no clear guidance was given to staff related to next steps. Consequently, this matter was set aside as other priorities took precedence. Council has subsequently added “front yard deer fencing” to its 2023 - 2026 Priorities Plan. In response, staff have updated the 2021 staff report on deer fencing
BACKGROUND:
On June 28, 2021, Council passed a motion directing staff to draft a report on the regulation of fence heights and design that “should briefly explore ways to increase fence heights along with guidelines to allow for esthetics of the neighbourhood” (Appendix “A”). On October 18, 2021, the Committee of the Whole received a report for information outlining the potential changes to the Zoning Bylaw regarding deer fencing. As staff did not receive clear direction about the Committee’s desired next steps, the issue was set aside given that there were more pressing priorities. Recently, Council has expressed a desire to reexamine the issue. This report updates the 2021 report with the latest research and information.
The deer feeding in Esquimalt gardens are Columbia Black Tailed Deer (Odecoileous hemionus columbianus). They are native to Vancouver Island and are very adaptable to human dominated environments. They are considered a mid-sized deer with the ability to jump up to 2 metres and occasionally a little higher.
Deer are creatures of habit and will return to the same areas regularly. Acting early to discourage their browsing of valued vegetation will reduce damage. There are various ways of lessening the impact of feeding, including protective structures (including fencing), habitat modification (providing more native vegetation for feeding), repellents, and planting deer resistant plants. In mid to late summer bucks will also rub their antlers on tree trucks, which is not a problem for larger trees but can cause severe damage to young trees. As shown in Appendix “B”, Esquimalt residents have employed various creative ways to use protective material to protect their favoured plants and garden areas.
Fencing is considered the most effective measure for property owners to protect gardens, where the fence encloses an entire area, leaves no holes, or gaps, and extends flush to the ground. Deer have been recorded passing through openings as small as 0.19 m and will travel along a fence-line to seek an opening. Erecting a fence around a new garden area has been shown to be more effective than trying to deter established behavior.
Esquimalt Zoning Bylaw
The Zoning Bylaw, 1992, No. 2050 defines a Fence as:
A vertical barrier which accomplishes any one or more of the following:
(1) prevents access
(2) provides physical separation
(3) provides visual separation
(4) provides enclosure of a Parcel or portion of a Parcel; but does not include a Retaining Wall, Guard or a hedge.
Fencing is governed by Section 22 Fences and Retaining Walls of the General Regulations (Appendix “C”). In addition, most zones contain provisions to regulate fence height in the zone. In most residential zones no fence shall exceed the following Heights:
• 1.2 metres in front of the front face of the Principal Building
• 1.2 metres between the Principal Building and an exterior side yard
• 2 metres behind the front face of the Principal Building
Fence construction that complies with zoning regulations does not require a building permit. In addition, a development permit is not required to erect a fence although fence details are often included within landscape plans for development permit applications.
It is interesting to note that there have been very few bylaw complaints regarding deer fences over the last 3 years.
Regulations From Area Municipalities:
Typical allowable heights for backyard fences in most municipalities in BC is 2 metres. The Town of View Royal has regulations similar to Esquimalt. The City of Victoria allows backyard fences up to 1.83 metres in height for residential properties. The District of Saanich and the District of Oak Bay allow higher fences with certain restrictions.
Saanich Zoning Bylaw
• Deer fences and deer fence extensions are allowed to be a combined height of 2.5 metres, provided that they do not border a street or a street corner
• Deer fence definition:
o “a fence constructed of woven wire mesh, horizontal wires or similar material that is non-opaque except for posts and intended to prohibit deer from accessing farm fields, gardens, and other sensitive areas.”
• Deer Fence Extension definition:
o “woven wire mesh, horizontal wire or similar material that is non-opaque except for posts and used to increase the height of a fence primarily to prohibit deer from accessing farm fields, gardens, and other sensitive areas.”
• Updated in 2025 with specific rules for deer fencing
Oak Bay Screens and Fences Bylaw
• An additional trellis of 0.46 metres is allowed on top of a backyard fence, for a total height of 2.46 metres
• Trellis definition:
o “Must be of substantially uniform density, with the openings between the laths evenly distributed in all directions and representing not less than 25% of the total area of the vertical plane, including the top rail and cap”
Chronology:
• June 28, 2021: Council directed staff to draft a report for regulating deer fencing heights and design.
• October 18, 2021: Committee of the Whole received a report for information outlining the potential changes to the Zoning Bylaw regarding deer fencing.
• December 2025: Staff updated research of current bylaw practices from other municipalities.
ANALYSIS:
Currently, deer fences are not regulated in Esquimalt. Deer fences that do exist in front and side yards are usually built in contravention of the Zoning Bylaw; however, enforcement is rarely carried out except in the case of a complaint. This situation creates an uncomfortable degree of uncertainty for both residents and staff. Good governance requires that citizens understand regulations clearly and have a reasonable expectation of when and how enforcement of regulations will take place. This is not currently the case for deer fences. To rectify this situation, staff recommend that the Zoning Bylaw be amended by adding deer fencing regulations. This will help create greater certainty for residents who erect deer fences and their neighbours. Below is a list of items for consideration when drafting deer fencing regulations. Council may wish to recommend certain considerations that they would like to see incorporated into draft regulations, or alternatively, they can request that staff use their best professional judgement when crafting draft regulations for Council’s consideration.
For Consideration
• In a front yard and exterior side yard, taller fences could be restricted to enclosing only a percentage of that yard. Many gardeners only fence the garden bed that is used to grow produce or treasured plants. This would continue to allow deer some opportunity to feed in neighbourhoods.
• That portion of a fence that exceeds existing height limits could be required to be visually open and transparent, possibly requiring use of a different material than the lower portion of the fence. Several examples of this can be seen in Appendix “B”.
• Fences are currently not required to be setback from lot lines. Over-height fence sections could be required to be setback 1-2 metres from front and exterior side lot lines.
• Fencing with a top rail provides stability for the fence but allows deer to judge the height more easily.
• Netting has been known to get caught in deer antlers and traps other creatures, primarily birds but also bats and herptiles.
• Chain-link fencing could meet a 75% open space design requirement but has an industrial appearance.
• Modern deer fencing examples (see Appendix “B”) have a nearly transparent design without appearing industrial in appearance.
• Post height does not need to be included in the fence height calculation.
• A maximum height should be considered even for wire and pole extensions. A height of 2.5 metres would exceed the height Black Tailed Deer can jump.
• A development variance permit could be considered when a homeowner desires a fence exceeding height maximum.
• Homeowners could be encouraged to plant a variety of native plants outside of fenced areas that could tolerate some deer feeding.
• A solid fence can be attractively constructed and may increase privacy between neighbours. However, taller solid fences may prevent the sun from entering garden areas, block valued views in hilly areas and can hinder protective neighbourhood surveillance.
• Continuous fencing that extends above eye level can deter pedestrians from walking in an area and can impact the character of an established neighbourhood.
• Excessive fencing creates a fortress appearance that can damage the public’s perception of an area and reduce the aesthetic appeal of a streetscape.
OPTIONS:
1. That Council direct staff to prepare a report and Zoning Bylaw amendment bylaw to regulate deer fencing for Council’s consideration based on feedback received and that Staff Report No. DEV-26-001 be received for information.
2. That Council provide alternative direction to staff.
COUNCIL PRIORITY:
Deer Fencing Policy Development is identified as a project under the “Engaged & Healthy Community” priority in the Council Priorities Plan 2023-2026.
FINANCIAL IMPACT:
There is no financial impact for this project.
COMMUNICATIONS/ENGAGEMENT:
The public was informed about the deer fencing project through the Council meeting on June 28, 2021, and the Committee of the Whole meeting on October 18, 2021. At that time, Council received several emails from residents which are summarized in Appendix “D”. Staff suggest that the new draft regulations be posted on-line for 30 days for public comments before being presented to Council. Alternatively, the draft regulations could be presented to a future Committee of the Whole meeting for review prior to being presented to the public and then Council.
TIMELINES & NEXT STEPS:
April 2026: Prepare report to Council (alternatively the Committee of the Whole) regarding a Zoning Bylaw amendment to regulate deer fencing.
REPORT REVIEWED BY:
1. Sarah Holloway, Manager of Corporate Services, Reviewed
2. Ian Irvine, Director of Finance, Reviewed
3. Dan Horan, Chief Administrative Officer, Concurrence
LIST OF ATTACHMENTS:
1. Appendix “A” Council Motion, June 28, 2021
2. Appendix “B” Pictures of Fencing, Netting, and other Defensive Approaches
3. Appendix “C” Zoning Bylaw,1992, No. 2050, Section 22. Fences and Retaining Walls
4. Appendix “D” Public Comments from the 2021 deer fencing initiative.