Yellowstone County, MT Building Safety: Childcare Center Rules (2026)
Key Facts
- Governing section
- Yellowstone County Zoning Code § 27-1005.A
- Day-care center threshold
- 13+ children, DPHHS-licensed (§ 27-1803)
- Family day-care home
- 3-6 children, DPHHS-licensed
- Group day-care home
- 7-12 children, DPHHS-licensed
- Zoning review
- Special Review in A, RR1, RR3, N4 districts
- Enforcing agency
- County zoning coordinator, § 27-1704
- Penalty
- Misdemeanor, fine or up to 6 months jail
Summary
In unincorporated Yellowstone County, a day care center, family day care home, or group day care home must comply with all applicable Montana statutory licensing requirements before it can operate, and its site development must meet the design standards of the underlying zone district. The county Zoning Code table also requires Special Review approval for a stand-alone Day Care Center in the county's agricultural and lower-density residential districts.
Day care facilities, including day care centers, family day care homes, and group day care homes both for adults and children, shall comply with all applicable Montana statutory requirements. Site development shall comply with the design requirements in the zone districts.
Full Breakdown
A). C, spells out where each type is allowed: a stand-alone Day Care Center needs Special Review approval, marked "SR," in the county's Agricultural, RR1, RR3, and N4 districts, while it is permitted outright in the CX heavy commercial district and other higher-intensity districts; a Family Day Care Home or Group Day Care Home is permitted by right, marked "P," in those same residential districts. The Zoning Code's definitions section, § 27-1803, ties the use categories to state licensing thresholds: a "day-care center" serves 13 or more children and must be licensed by the Montana Department of Public Health and Human Services; a "family day-care home" is a private residence serving three to six children under a DPHHS license; and a "group day-care home" is a residence or structure serving seven to twelve children, also DPHHS-licensed.
A cross-references "all applicable Montana statutory requirements," an operator must hold the correct state DPHHS license for the facility's size class in addition to clearing whatever zoning review the district requires. F, Accessory Day Care Facility, a separate provision from the stand-alone use standard.
Violations & Fines
Operating a day care use in the wrong zone, or without the Special Review approval a district's use table requires, is a violation of the county Zoning Code. Under § 27-1704.G, violating any Zoning Code provision, including conditions attached to a special review approval, is a misdemeanor punishable by a fine up to the state statutory limit or up to six months in the county jail, or both, plus costs; each day the violation continues is a separate offense. The zoning coordinator may also issue a stop-use order under § 27-1704.E, or revoke the underlying approval under § 27-1704.C.
Frequently Asked Questions
Do I need a permit to run a home day care in unincorporated Yellowstone County?
Is a Yellowstone County day care license issued by the county or the state?
What happens if I operate a day care center without the required Special Review approval?
Sources & Official References
Other rules in Yellowstone County
Compare Yellowstone County to another location·View the Montana building safety overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.