Lakeway Residents Fight to Preserve View Protection Ordinance

Proposed height increase and tree-trimming dispute spark neighborhood showdown over 2011 law

Published on Mar. 9, 2026

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Residents in Lakeway, Texas are engaged in a heated debate with city leaders over a 2011 ordinance meant to protect views of Lake Travis. The dispute was sparked by a homeowner's request to increase their roof height by 1.5 feet, as well as a separate request to establish rules for mandatory tree trimming to preserve neighbors' views. While the city council initially considered repealing the ordinance, they have now voted to revise it, forming a committee with residents to help define what constitutes a protected "view" under the law.

Why it matters

The View Protection Conditional Overlay ordinance has been a key part of Lakeway's character and identity for over a decade, helping maintain property values and the community's scenic lakeside views. However, the lack of clear definitions in the law has made it vulnerable to legal challenges, prompting the city to reconsider its approach. The outcome of this debate will have lasting impacts on Lakeway's development and the ability of residents to protect their prized views.

The details

The dispute began when a homeowner sought to increase their roof height from 16 feet to 17.5 feet during a rebuild, sparking an objection from a neighboring resident. Around the same time, another resident requested the city establish rules requiring homeowners to trim trees to preserve views for adjacent properties. These two events pushed the city to re-examine the 2011 View Protection Conditional Overlay ordinance, which regulates building heights to prevent "unreasonable obstruction" of existing views, but lacks clear definitions of what constitutes a protected view.

  • In the fall of 2022, a Lakeway resident requested the city explore a rule requiring tree trimming to preserve neighboring views.
  • Around the same time, another homeowner began rebuilding after a fire and increased their planned roof height from 16 feet to 17.5 feet.
  • In February 2023, the Lakeway City Council took up the issue of the View Protection Conditional Overlay ordinance.

The players

Tom Kilgore

The mayor of Lakeway, who argues the view protection ordinance is "constitutionally vulnerable" and should be repealed.

Jean Hennagin

A former Lakeway City Council member who urged the council to revise rather than repeal the ordinance, arguing it is "foundational to the Lakeway character" and property values.

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What’s next

The Lakeway City Council has voted to revise the View Protection Conditional Overlay ordinance rather than repeal it. A committee of seven residents, two zoning commissioners, and two city council members will be formed to help define what constitutes a protected "view" under the law.

The takeaway

This debate highlights the challenges cities face in balancing private property rights with community-wide interests in preserving scenic views and neighborhood character. Lakeway's experience shows the importance of clear, defensible ordinances that can withstand legal scrutiny, while also reflecting the values and priorities of local residents.