Deer Fencing Law Passes 2nd Approval Step

Hopatcong moved a step closer to allowing deer fencing Wednesday night.

The borough council voted, 5-1, during a meeting at the to pass the second reading of a law that would legalize temporary deer fencing in rear and side yards. Councilman John Young was the only "no" vote.

The law would let homeowners install mesh fencing no taller than 8 feet to keep out deer, which have exploded in population in Hopatcong in recent years, Councilman Michael Francis said. Deer caused 114 motor vehicle accidents in 2011 compared to 53 in 2010 and 114 in 2011, .

"Over the last number of years, our deer problem has been significant," resident Louise Bagby said during public comment.

Residents would have to follow several guidelines to install the fencing, however. The fencing could only be constructed of a polypropopylne material; must be supported by posts or attached to existing fencing; must be staked at ground level and couldn't include caps or decorations; must either be black, brown or green to "harmonize with the surrounding landscape of the area"; and must be kept in good condition.

Homeowners would also have to apply for the fencing through Zoning Officer William Donegan.

While most of the council agreed deer fencing should be allowed in rear and side yards, whether to allow it in front yards dominated the majority of the almost half-hour discussion for the second time this month.

The land-use board could be asked to explore whether allowing special properties, such as lakefront homes, permission to skip obtaining costly variances to install fencing in their front yards.

"There are place in town where we have 1- and 2-acre lakefront lots where this would be perfectly appropriate," Borough Attorney John Ursin said. "But you would not want this in a Northwood neighborhood where the lots are very small, not very deep, and there's not much foliage on the road frontage."

Councilman Howard Baker said allowing fully-fenced properties "really just moves the [deer] problem from their property to somebody else's property."

Mayor Sylvia Petillo said the land-use board could consider lowering the costs for residents who present a strong case for front-yard deer fencing.

"We don't want someone to come in and pay thousands of dollars to have to put in a very expensive fence," she said. We could reduce that escrow and make it easier for them to come in. The land-use board would have the opportunity to look at each property."

Talk of a potential pilot program, in which a handful of home would install deer fencing for a period while the council studied its effects, was mostly ended when Ursin and borough engineer John Ruschke each said it pose too many legal challenges.

Resident Sheldon Pressler lives on Lakeside Boulevard. He said he would immediately apply for a variance allowing him to install deer fencing around his entire property.

Pressler said deer had ravaged foliage around a "Welcome to Hopatcong" sign near his home.

"You put a sign up there," he said. "The town wants to be proud of it. But I have pictures here. You should be ashamed. Everything is eaten."

The law comes as Francis heads a deer management task force, comprised of borough residents, to explore methods of managing Hopatcong's growing deer population. There about 110,000 deer in the state, according to nj.com.

Hopatcong law already allows for 4-foot front yard fencing and 6 1/2-foot rear- and side-yard fencing. Click here for more on the borough's fencing law.