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La Plata County, CO Building Safety: Childcare Center Rules (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

5 to 15 individuals
Minor land use permit, § 66-6.I
16 or more individuals
Major land use permit, § 66-7.I
AgPlus path
Administrative permit on agricultural parcels of at least fifteen (15) acres
Gem Village
Large childcare centers qualify for an administrative land use permit
Building permit
Separate from the land use permit, § 66-1.VI
Animas Valley 15 and 10-acre districts
Day care centers are special uses by land use permit

Summary

In unincorporated La Plata County, Colorado, a day care facility serving five (5) to fifteen (15) individuals needs a minor land use permit under section 66-6, and one serving sixteen (16) or more needs a major land use permit under section 66-7. The land use permit does not replace the county building permit for the structure.

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

I. Minor land use permits required. ... A minor land use permit shall be required for any of the following developments: ... ... O. Day care facility serving five (5) to fifteen (15) individuals; ... ... I. Major land use permits required. A major land use permit shall be required for any of the following developments: ... ... J. Day care facility serving sixteen (16) or more individuals;

Full Breakdown

Chapter 66 of the La Plata County Land Use Code sorts day care facilities by the number of people served. Under section 66-6.I, a minor land use permit is required for a day care facility serving five (5) to fifteen (15) individuals. Under section 66-7.I, a major land use permit is required for a day care facility serving sixteen (16) or more individuals. This code governs the unincorporated area under the Board of County Commissioners only.

Two paths lead to a lighter permit. Section 66-5.II lists day care facility among the AgPlus uses that need an administrative land use permit, but only on a single agricultural parcel that the county assessor classified as agricultural in the previous two (2) years, that is a minimum of fifteen (15) acres, and that is not in violation of the code or the building code. Section 65-5 lists large childcare centers as defined and regulated by the state department of human services among the qualifying development in the Gem Village economic development area, which receives an administrative land use permit instead of a minor or major one.

Animas Valley zoning adds a district filter. Section 65-3 lists day care centers as special uses permitted by land use permit in the fifteen-acre and ten-acre minimum single-family residential districts, and family day care centers in the five-acre district.

Building safety runs on a separate track. Section 66-1.VI says county land use permits are separate and distinct from building permits, and issuing one does not affect or supersede the requirement to obtain a building permit for structures under the county building code. Section 66-3.IV sends building permit applications to the CDD, which reviews compliance with the land use permit and division of land requirements of Chapters 66 and 67, development on a legal lot of record, setbacks within section 70-6, and height requirements. Applications must include a site plan and any other documentation needed to show compliance with applicable standards.

Violations & Fines

Section 66-1.IV directs the decision-making body to deny and withhold permits or permissions on any new project where the applicant or the applicant's agent has failed or refused to comply with the code. Under section 66-1.VII, false or inaccurate information in an application can lead to denial, suspension or withdrawal of approval, or to corrective measures described in chapter 80. Chapter 66 prints no separate fine for an unpermitted center.

Frequently Asked Questions

What permit does a small day care facility need in unincorporated La Plata County?
Section 66-6.I requires a minor land use permit for a day care facility serving five (5) to fifteen (15) individuals. The requirement sits in the list of developments classified as minor land use permits in Chapter 66. A separate building permit for the structure is still required under the county building code.
What permit does a larger childcare center need?
Section 66-7.I requires a major land use permit for a day care facility serving sixteen (16) or more individuals. Major land use permits are the highest permit level in Chapter 66, and the director can also increase the level of required permit under section 66-1.V where outstanding issues about code compliance or public health, safety or welfare appear.
Does a land use permit replace the building permit for a childcare center?
No. Section 66-1.VI states that county land use permits are separate and distinct from building permits, and that issuing a land use permit does not supersede the requirement to obtain a building permit for structures under the county building code. Under section 66-3.IV, building permit applications go to the CDD for land use compliance review.
Is there a lighter permit for a childcare center on farmland or in Gem Village?
Section 66-5.II puts day care facility on the AgPlus list for an administrative land use permit, on an agricultural parcel of at least fifteen (15) acres that the assessor classified as agricultural in the previous two (2) years. Section 65-5 lists large childcare centers among the Gem Village development that qualifies for an administrative permit.

Sources & Official References

Other rules in La Plata County

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