Drainage Code Modernization

[Paul Roberts]

Colleagues,

As many of you are aware, the heavy rains on May 6 highlighted long-standing drainage deficiencies in multiple areas of Lago Vista—particularly in older neighborhoods like “Old Lago” where topography and lot-by-lot development often bypass engineered stormwater planning.

Yesterday’s numerous flooding videos revealed significant sheet flow runoff into residential properties, raising valid concerns from residents. In response, I worked with staff to evaluate whether current city procedures and code adequately address these risks. Based on that review—and in alignment with past concerns raised by staff and residents—I have submitted an agenda item for May 15 that proposes referral of draft drainage ordinance amendments to the appropriate Commissions (P&Z and BSC) for fine-tuning and recommendation.

The proposed amendments aim to:

• Require lot-level drainage and grading plans for all new residential construction,
• Prohibit unpermitted topographic alterations that alter flow,
• Establish a formal complaint review and enforcement process with timelines,
• Clarify when builders or property owners must take corrective action for offsite drainage impacts,
• And close current gaps between Chapters 3, 3.5, 10, and 14—ensuring consistent application across subdivisions, infill lots, and PDDs.

These updates are long overdue. Past staff proposals to fix this administratively were never codified. Referring this draft to our Commissions will allow for public vetting, expert review, and needed customization before anything comes back to Council for adoption.

I respectfully ask for your support in referring this to P&Z and BSC so the process can move forward. This is not a final ordinance—it's a policy framework in need of refinement. I’ve also posted a copy of the referral packet and Council cover sheet with the agenda item for your review.

 

[Norma Owen]

Thank you, Councilor Roberts, for putting a starting framework together. This is a notable start.

 

[Adam Benefield]

Look forward to reading the packet but from an aerial view, looks like it's needed.

 

[Shane Saum]

Thank you Councilman Roberts, I have continued to see citizens express concern with this on social media and I am happy that we will be able to have a conversation about it next week.

 

[Paul Roberts]

Last night during our City Council meeting, I introduced the Drainage Code Modernization Ordinance and formally moved to refer the draft to both the Planning & Zoning Commission and the Building & Standards Commission for review and recommendation. Thank you to everyone who has expressed support for this effort.

This referral was made in direct response to public drainage concerns raised in recent weeks. I also took the opportunity to address a memo circulated to Councilmembers earlier this week by BSC Chair Frank Robbins, with whom I respectfully disagree. For the benefit of any citizens following this issue, I read the following statement from the dais in response to that memo before making my motion:

“Fellow Councilmembers,

First, I appreciate the time and thought put into Frank’s comments. The Building and Standards Commission plays an important role in helping Council identify policy gaps, and I fully support the Commission’s authority to monitor not just the language of our code, but how effectively it is being implemented.

That said, I would like to respectfully clarify several points raised in your memo and explain why I believe a formal ordinance revision is still needed.

1. Enforcement Cannot Be Discretionary in High-Risk Areas
Current ordinance provisions rely on discretionary language—for example, that the City Manager or designee “may require” a drainage study. In practice, this has resulted in inconsistent enforcement, especially in residential areas with steep slopes or culverts. My proposed ordinance would make engineered drainage and grading plan review mandatory for all new residential builds, ensuring uniform standards and proactive oversight.

2. Site Plans Are Often Handled Without Engineering Oversight
While site plans are technically required, they are often reviewed by ATS or the Building Official—not Public Works or the City Engineer. In the recent case at 21205 Santa Carlo Ave, no engineered drainage plan was reviewed because the lot was not flagged during permitting. The ordinance is intended to prevent that type of oversight.

3. This Ordinance Clarifies and Standardizes Application
The existing framework can work—when applied fully. But that application has proven inconsistent. This ordinance does not discard our current standards. Rather, it clarifies when they apply and ensures issues like culverts, slopes, and offsite flow impacts are reviewed at the permit stage.

4. Drainage Complaint Procedures Belong in Code
Codifying drainage complaint intake, inspection timelines, and response procedures creates transparency and accountability. While some of these measures could be handled administratively, having them in code reinforces their importance and ensures that residents have a clear process they can rely on.

5. Referral Is the Correct Process
The ordinance before Council is a draft—intended for referral to both the Building and Standards Commission and the Planning & Zoning Commission for refinement, technical feedback, and recommendation. I welcome suggested edits, restructuring, or alternative provisions from the BSC. But given the scope of the enforcement challenges, I believe a code-based solution is warranted alongside any administrative improvements.

Finally, I welcome and support the Chair’s suggestion that the BSC take a broader look at drainage-related issues in light of recent events. That would be a valuable charge, and one I will recommend that Council formally assign to the Commission as part of my motion.”

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If any citizens reading this would like to read the full draft ordinance or referral packet, feel free to email me at councilplace5@lagovistatexas.gov. I’m happy to provide copies.

This ordinance is about moving from discretionary enforcement to consistent protection—ensuring that downstream property owners are not left vulnerable due to oversights in grading, culvert sizing, or unpermitted topographic changes. I welcome input as this moves through the commissions.

—Councilman Paul Roberts

Place 5, Lago Vista City Council
512-431-5187