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Mason County, WA Building Safety: Childcare Center Rules (2026)

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

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

(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?
No. Section 17.04.212(c) lists a commercial day care center as a Special Permit Required Use in the RR 2.5 district, and the same listing applies in RR 5 and RR 10, so a special use permit from the hearing examiner is required before the center may operate.
What has to be in the special use permit application?
Section 17.04.217(c) requires the applicant to submit the lot's location and size, 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 sources of noise, glare or odor.
Can an existing day care center expand without getting a new permit?
Only if it was operating before June 17, 1996 without a prior special use permit. Section 17.04.217(d) allows those centers to expand up to fifteen percent cumulatively from their 1996 size with no new permit; anything beyond fifteen percent needs one.
What happens if I run a day care center without the required permit?
Mason County Code Chapter 15.13 applies. The county can issue a civil infraction of up to five hundred dollars for a repeat violation, and an intentional or negligent violation is a misdemeanor carrying up to a five hundred dollar fine or ninety days in jail.

Sources & Official References

Other rules in Mason County

All Mason County rules

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