Mason County, WA Building Safety: Childcare Center Rules (2026)
Key Facts
- Zoning status
- Special Permit Required Use
- Permitting authority
- Hearing examiner special use permit
- Applies in
- RR 2.5, RR 5, RR 10 districts
- Pre-1996 grandfather expansion
- Up to 15% cumulative, no new permit
- Max civil fine
- $1,000 per violation
- Misdemeanor penalty
- Up to $500 fine or 90 days jail
Summary
In unincorporated Mason County, a commercial day care center is not a by-right use in rural residential zones. Mason County Code Section 17.04.212 lists "commercial day care center" as a Special Permit Required Use in the RR 2.5 district (the same rule repeats for RR 5 and RR 10), so an operator needs a special use permit from the hearing examiner before opening. Section 17.04.217 sets the application requirements and a size threshold for expansions.
(c)Special Permit Required Uses. Cemetery, commercial day care center, essential public facility, schools, and community and recreation centers. ... (c)Government operated day care centers, essential public facilities, churches, community centers, and schools may exceed three thousand sq. ft. as approved by a special use permit. ... (d)Essential public facilities, commercial day care centers, and schools which were in existence prior to June 17, 1996 and without a prior special use permit, may expand up to fifteen percent cumulatively from their size prior to June 17, 1996, without a special use permit. Expansions over fifteen percent will require a special use permit.
Full Breakdown
Mason County Code Section 17.04.212(c) classifies "commercial day care center" as a Special Permit Required Use in the Rural Residential 2.5 district, alongside cemeteries, essential public facilities, schools and recreation centers; the identical listing repeats at Section 17.04.222(c) for RR 5 and Section 17.04.232(c) for RR 10, so the special use permit requirement follows the property no matter which rural residential zone it sits in. Section 17.04.217(c) sets what an applicant for a commercial day care center must submit to Mason County Community Development: the location and size of the lot, a site plan showing the proposed use, access to state and county roads, the impact on adjacent land uses, parking and stormwater facilities, hours of operation, and anticipated noise, glare or odor sources.
That same section lets government-operated day care centers and other listed uses exceed three thousand square feet only with an approved special use permit. Section 17.04.217(d) grandfathers commercial day care centers that were already operating before June 17, 1996 without a prior special use permit: those can expand up to fifteen percent cumulatively from their pre-1996 size with no new permit, but any expansion beyond fifteen percent requires one. Front, side and rear yard setbacks in Section 17.04.213 and the 35-foot height cap in Section 17.04.214 apply to any structure built to house the center.
Because Title 17 zoning provisions are enforced under Mason County Code Chapter 15.13, operating a commercial day care center without the required special use permit exposes the property owner to the county's civil and criminal enforcement track.
Violations & Fines
Operating a commercial day care center without a special use permit, or breaching its conditions, is enforced under Mason County Code Chapter 15.13. Section 15.13.020(d) authorizes civil infractions up to two hundred fifty dollars for a first violation and up to five hundred dollars for repeats within two years. Section 15.13.020(c) makes an intentional or negligent violation a misdemeanor: up to five hundred dollars, ninety days in jail, or both, each day counted separately. Section 15.13.050 allows civil fines up to one thousand dollars per violation.
Frequently Asked Questions
Can I open a commercial day care center on rural residential land in Mason County by right?
What has to be in the special use permit application?
Can an existing day care center expand without getting a new permit?
What happens if I run a day care center without the required permit?
Sources & Official References
Other rules in Mason County
Compare Mason County to another location·View the Washington building safety overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.