TOWNSHIP OF ESQUIMALT STAFF REPORT
MEETING DATE: July 20, 2026 Report No. DEV-26-035
TO: Council
FROM: Jakub Lisowski, Planner and Bill Brown, Director of Development Services
SUBJECT: Deer Fencing Regulations - Zoning Bylaw Amendment Public Hearing
RECOMMENDATION:
Recommendation
That Council give third reading and adoption to Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2026, No. 3183 to incorporate regulations for Deer Fencing into the Zoning Bylaw.
Body
EXECUTIVE SUMMARY:
In June 2025, Council shifted “Front Yard Deer Fencing” from the Future Projects list to its active projects list in the 2023-2026 Council Priorities Plan. On January 19, 2026, staff presented Council with a report including the most recent research and regulations from area municipalities. Council directed staff to use the District of Saanich Zoning Bylaw as a model, with changes to allow deer fencing and deer fencing extensions in front yards. Following this direction, staff proposed amendments to the Esquimalt Zoning Bylaw to regulate deer fencing. The Advisory Planning Commission recommended approval of the bylaw amendment on April 21, 2026, and Council gave the Bylaw first and second readings on May 25, 2026.
BACKGROUND:
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 (male deer) will also rub their antlers on tree trunks, which is not a problem for larger trees but can cause severe damage to young trees. Esquimalt residents have employed various creative ways to use protective material to protect their favored 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.
On June 28, 2021, Council passed a motion directing staff to draft a report regarding regulation of fence heights and design that “should briefly explore ways to increase fence heights along with guidelines to allow for aesthetics of the neighbourhood”.
On October 18, 2021, staff presented research to the Committee of the Whole on deer fencing including current rules surrounding fencing in Esquimalt, regulations from area municipalities, and issues for consideration for regulating the design and location of deer fencing. The Committee of the Whole received the staff report but did not provide direction to staff.
The matter was set aside as other priorities took precedence. In June 2025, Council moved added “Front Yard Deer Fencing” to its active projects list in the 2023 - 2026 Council Priorities Plan.
On January 26, 2026, staff presented Council with an updated report with the latest research and information, including the most recent regulations from area municipalities. Council directed staff to prepare a Zoning Bylaw amendment to regulate deer fencing using the District of Saanich Zoning Bylaw as a model, with changes to allow deer fencing and deer fencing extensions in front yards. The Advisory Planning Commission recommended approval of the bylaw amendment on April 21, 2026, and Council provided first and second readings to the bylaw amendment on May 25, 2026.
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.
• January 26, 2026: Staff presented Council with an updated report with the latest research and information, including the most recent regulations from area municipalities.
• April 21, 2026: Advisory Planning Commission recommended approval of the bylaw amendment.
• May 25, 2026: Council recommended approval of the bylaw amendment, giving first and second readings.
Advisory Body Recommendations:
The Commission recommended that Council give first, second, and third readings to “Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2026, No. 3183” to incorporate Deer Fencing.
ANALYSIS:
Existing fence heights outlined in the Zoning Bylaw have served the community well for many years and are not out of character with neighbouring municipalities. 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.
A height of 2.5 metres would exceed the height Black Tailed Deer can jump and therefore is the height recommended for deer fences and deer fence extensions. That portion of a deer fence that exceeds existing height limits for fences will be required to be visually open, see-through, and made of a woven wire mesh material. Modern deer fencing in Esquimalt will have a nearly transparent design without appearing industrial in appearance. However, netting or plastic will not be permitted because it has been known to get caught in deer antlers and also traps other creatures such as bats, reptiles, and amphibians. To prevent injury to deer attempting to jump over fences, deer fences and deer fence extensions will not be allowed to have finials, protrusions, or other elements on fences exceeding a height of 1.2 metres.
OPTIONS:
1. That Council give third reading and adoption to “Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2026, No. 3183” to incorporate regulations for Deer Fencing.
2. That Council give third reading and adoption to “Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2026, No. 3183” to incorporate regulations for Deer Fencing, with amendments.
3. The Council request additional information from 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:
No formal engagement activities were conducted. Several letters in support of deer fencing were received in 2021 when Council asked staff to consider regulating deer fencing. An additional letter of support was submitted to the Township on January 2026.
Statutory notice of a public hearing was posted to the Township website and notice boards as well as distributed through the Township’s email subscription service as per “Public Notice Bylaw, 2024, No. 3136”. In addition, the proposed amendments along with supporting materials were made available for public inspection at Municipal Hall.
TIMELINES & NEXT STEPS:
The rezoning process will finish upon adoption of the bylaw.
REPORT REVIEWED BY:
1. Bill Brown, Director of Development Services, Reviewed
2. Deb Hopkins, Director of Corporate Services, Reviewed
3. Ian Irvine, Director of Finance, Reviewed
4. Dan Horan, Chief Administrative Officer, Concurrence
LIST OF ATTACHMENTS:
1. Appendix “A” Council Meeting Minutes of January 26, 2026
2. Appendix “B” Council Meeting Minutes of May 25, 2026
3. Appendix “C” Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2026, No. 3183 to incorporate Deer Fencing
4. Appendix “D” Staff Presentation
5. Appendix “E” Public Input