Lakeway council debates building-code update on landscaping, mulch and tree rules; staff to revise language

Lakeway City Council members spent substantial time on July 7 discussing proposed changes to Title 2 (Building and Development Regulations) intended to clarify landscaping, defensible-space and tree provisions in Ordinance No. 2025-5771.

Senior planner Charlie (presenting the staff report) told the council the draft corrects a typo that had removed a requirement for landscaping buffers at the front and sides of houses and adds language referencing the principles embodied by widely used third-party wildfire‑mitigation guidance rather than binding the city to a specific outside code. Charlie said the update seeks a balance between providing homeowners useful examples and avoiding permanently tying city rules to a commercial product or a third party that could later change its standards.

Council discussion centered on three issues: whether referencing third-party guidance such as Firewise should be phrased as "consistent with" or "including but not limited to" to avoid being legally bound to future changes; whether requirements about fire-resistant mulch should be mandatory or encouraged; and how the city should treat removal of dead or diseased trees and protected trees.

Several council members urged caution about making mulch a mandatory code requirement. Councilmember Sherman said he understood the public safety goal of fire‑resistant mulch but asked whether a strict code could expose homeowners to insurance claims for inadvertent noncompliance; he favored weaker mandatory language or encouragement instead. Councilmember O—Brien, Councilmember Brinson and the Mayor Pro Tem likewise said they preferred encouragement rather than strict enforcement, saying they did not want to create an enforcement burden for code officers or unexpected liability for homeowners.

Planner Charlie and staff said new‑landscape requirements would apply to new construction and to submitted landscape plans, and that existing landscaping generally would be grandfathered. Charlie explained the code would allow 18 inches of cleared zone with a requirement to mulch within 48 hours for some construction-clearance situations and that the code official would have authority to impose additional reasonable restrictions as needed. On dead or diseased trees, staff noted that Texas state law prevents the city from requiring a permit for removal of a dead or diseased tree; council and staff agreed the usual practice is that tree companies or arborists provide documentation when they remove trees, and that removal of protected trees would remain subject to penalties if done improperly.

Council provided direction to staff to make the ordinance language consistent across chapters, to revise third‑party references to a "best practices" or "including but not limited to" formulation, and to change mulch provisions from a strict requirement to an encouragement. Senior Planner Sullivan—s prior email was cited as part of staff—s analysis. The council asked staff to return the cleaned-up ordinance on the consent agenda at the next regular meeting rather than finalize it at the special meeting.

No formal vote was taken on Ordinance No. 2025-5771 at the July 7 special meeting; council members agreed to further ministerial edits and a future placement on a regular-meeting consent agenda.