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Washington County, MD Building Safety: Childcare Center Rules (2026)

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

Key Facts

Use classification
Accessory use only, not stand-alone
Eligible districts
BL, BG, IR, IG, AP, PB, PI, MX, HI
Business-based centers
Limited to employees' families
Church-based centers
Must be inside primary worship building
Required filing
Affidavit with zoning certification (churches)
Governing section
Zoning Ordinance § 4.18

Summary

Washington County, Maryland zoning treats a registered nursery school or child care center as only an incidental accessory use, never a stand-alone use, under Zoning Ordinance Section 4.18. A center tied to a business must serve that business's own employees and families, and a church-run center must stay inside the place of worship's primary building.

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

(a) Registered nursery schools or child care centers shall be considered an incidental accessory use for any business located in the BL, BG, IR, IG, AP, PB, PI, "MX" and HI districts. Nursery schools and child care centers permitted as accessory uses under this section shall be for the use of employees and their families of the business. When it is necessary to construct additional buildings to house accessory day care facilities, the Zoning Administrator shall determine, based on the impact on the entire site, whether a site plan meeting the requirements of Section 4.11 of the Washington County Zoning Ordinance shall be submitted. (b) Registered nursery or child care centers that are operated by a church or other place of worship shall be considered an incidental accessory use provided the child care service is housed within the primary structure related to the place of worship. An affidavit attesting to the location, hours of operation, location of signage, and meeting the parking requirements for the day care facility shall be submitted by the applicant as part of the zoning certification application.

Full Breakdown

18 of the Washington County Zoning Ordinance does not let a nursery school or child care center stand on its own; it exists in the code only as an accessory use riding on another permitted use. Subsection (a) allows a registered nursery school or child care center as an incidental accessory use for a business located in the BL, BG, IR, IG, AP, PB, PI, "MX" or HI zoning district, but restricts it functionally: centers permitted under this subsection must serve the employees and families of that business, not the general public.

11's requirements. Subsection (b) gives churches and other places of worship a separate, narrower path: a registered nursery or child care center run by a congregation is an incidental accessory use only if the child care service is housed inside the primary worship structure itself, not in a freestanding building on the church campus. To use that path, the applicant must file an affidavit with the zoning certification application attesting to the center's location, its hours of operation, the location of any signage, and that the facility meets the site's parking requirements.

18 governs zoning classification rather than construction, physical building and fire-code compliance for the space is handled through separate permitting, but the zoning certification itself is refused without the required affidavit.

Violations & Fines

A nursery school or child care center that operates without being registered with the state, that opens to the general public rather than a business's own employees, or a church-based center located outside the primary worship building violates Section 4.18's accessory-use conditions. The Zoning Administrator can deny or revoke the zoning certification and pursue the same certified-mail notice and discontinuance process used for other zoning violations under Section 24.2(d).

Frequently Asked Questions

Can a Washington County business open a child care center for the public?
Not under Section 4.18. In the BL, BG, IR, IG, AP, PB, PI, MX and HI districts, a registered nursery school or child care center is only allowed as an incidental accessory use for the employees and families of that specific business, not as a stand-alone commercial center serving the general public.
Does a church need a site plan to add a day care wing?
Only if the Zoning Administrator decides one is needed. Section 4.18 requires new construction for accessory day care to go through the Administrator's site-impact review, and the Administrator decides case by case whether a full Section 4.11 site plan must be submitted before building.
What must a church submit to run a day care under Section 4.18?
An affidavit filed with the zoning certification application. It must attest to the center's location inside the primary worship structure, its hours of operation, where any signage will be placed, and that the site meets the day care facility's parking requirements.

Sources & Official References

Other rules in Washington County

All Washington County rules

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