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Council grants consent for private family cemetery, imposes 75‑foot buffer from existing road rights‑of‑way

3335255 · May 15, 2025
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Summary

Council approved a resolution authorizing a private family cemetery at 3421 Lomansport Road in the city’s extraterritorial jurisdiction, with an amendment that the cemetery be located no closer than 75 feet from the edge of the right‑of‑way for adjacent roads.

Lago Vista City Council on Thursday approved Resolution 25‑2125 granting consent for the establishment of a private family cemetery at 3421 Lomansport Road, in the city’s extraterritorial jurisdiction (ETJ), subject to a condition that the burial plots be located no closer than 75 feet from the edge of the right‑of‑way of adjacent roadways, including Lohman Ford and Sylvester Ford.

Background: The application requested consent for the establishment of a private family cemetery under Texas Health & Safety Code §711.008(c)(2). Staff and several councilmembers discussed concerns that future road expansion — especially planned Lohman Ford improvements — might conflict with burial placements unless a buffer was required.

Council action: Councilmember Roberts moved to adopt the resolution with a specific added condition under Section 2 that the cemetery not be platted within 75 feet of the edge of the right‑of‑way of adjacent existing roadways; Councilmember Som seconded. The motion passed unanimously. Staff and council clarified the property sits in the city’s ETJ and not inside city limits; county road maintenance and possible future road widening were cited as reasons for the protective buffer.

Why it matters: Establishing a private cemetery in the ETJ requires council consent under state law. The buffer condition seeks to preserve options for future roadway improvements and to avoid situations where a later road expansion could be legally or practically prevented by in‑ground burials.

Next steps: Staff will transmit the authorized resolution with the 75‑foot buffer condition to the county as part of the consent package for the cemetery application, and will note the condition in the city record.