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Brunswick County, NC Building Safety: Childcare Center Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Governing provision
UDO § 5.3.4.C, Day Care Facility standards
Coverage
Unincorporated Brunswick County only, not the towns
Max care period
24 consecutive hours per UDO standard
24-hour care districts
C-LD and N-C zoning districts only
Residential-district hours
6:00 a.m. to midnight
Civil penalty
$100.00 per day under UDO § 9.11.9

Summary

Brunswick County's Unified Development Ordinance sets zoning standards for day care facilities in the unincorporated county, not inside Leland, Southport, Oak Island, Shallotte or the county's other towns. Facilities need Section 5.2 use-table approval, care may run no more than 24 hours, and 24-hour operation is confined to the C-LD and N-C commercial districts under UDO Section 5.3.4.C.

These county ordinances apply to unincorporated areas of Brunswick County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Day care facilities shall be permitted in accordance with the use table in Section 5.2, subject to the following: 1.General i.The facility shall meet all applicable State requirements for standards, licensing and inspections. ii.Day care facilities shall provide for safe and convenient access by patrons of the facility. iii.Care shall be administered for a period not to exceed 24 hours. iv.24-hour day care facilities shall be allowed in the C-LD or N-C districts only. v.When located in a residential district, hours of operation shall be limited to between 6:00 AM and 12:00 PM (midnight). vi.Section 3.5, Special Use Permit, may include a reduction in the maximum number of individuals to be cared for on site, restrictions on the hours of operation to less than that allowed by State or federal regulations, and such other conditions as may be required to address the findings required for the permit. When the facility is located within an industrial area, the Fire Marshall shall review the proposal prior to approval and make a recommendation.

Full Breakdown

S. Chapter 160D, governs day care facilities on unincorporated land, meaning property inside Leland, Southport, Oak Island, Shallotte, Holden Beach, Ocean Isle Beach, Sunset Beach, Calabash or Boiling Spring Lakes falls under that town's own code instead. B) Day Care Facilities,' showing the use is limited-permitted (L) in some districts and requires a Special Use Permit (SUP) in others. Operators must meet all state licensing, standards, and inspection requirements before the county will sign off, and care cannot run past 24 consecutive hours. (midnight). 5 Special Use Permit process, including a cap on the number of children cared for on-site or hours shorter than state or federal rules allow.

If the site sits in an industrial district, the Fire Marshal must review the proposal and issue a recommendation before it can move forward. D, caps home-based care at five preschool children (including the caregiver's own) and/or three school-age children, or three adults, at one time, and requires two extra parking spaces for pickup and drop-off.

Violations & Fines

A day care facility that opens without the required UDO approval, exceeds the 24-hour cap outside the C-LD or N-C districts, or ignores its Special Use Permit conditions is a zoning violation. The Zoning Administrator can issue a correction order, revoke the permit, deny further permits on the site, and under UDO Section 9.11.9 impose a $100.00 civil penalty per day the violation continues, with a misdemeanor referral carrying a fine of up to $500.00 available under G.S. § 14-4 if it isn't corrected.

Frequently Asked Questions

Does Brunswick County's day care ordinance apply inside Oak Island or Southport?
No. The county's Unified Development Ordinance governs only unincorporated Brunswick County. Leland, Southport, Oak Island, Shallotte, Holden Beach, Ocean Isle Beach, Sunset Beach, Calabash and Boiling Spring Lakes each adopt and enforce their own zoning and day care rules, so a facility inside any of those town limits must check that town's code instead of the county UDO.
Can a day care facility in unincorporated Brunswick County operate 24 hours a day?
Only in the C-LD or N-C zoning districts, under UDO Section 5.3.4.C. In every other district, care cannot exceed 24 hours per child and, if the property is zoned residential, the facility's operating hours are limited to 6:00 a.m. through midnight.
What happens if a day care facility violates its Brunswick County zoning approval?
The Zoning Administrator can issue a correction order, revoke or deny permits for the property, and assess a $100.00 civil penalty under UDO Section 9.11.9 for each day the violation continues. An uncorrected violation can also be charged as a misdemeanor carrying a fine up to $500.00 under G.S. § 14-4.

Sources & Official References

Other rules in Brunswick County

All Brunswick County rules

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