Valencia County, NM Building Safety: Childcare Center Rules (2026)
Key Facts
- Day care facility threshold
- 7 or more children
- Care limit
- Not more than 24 hours per day
- Requires
- All applicable licenses
- Application must show
- Max patrons, staff, hours, site plan
- Review track
- Type B + conditional-use criteria
Summary
A childcare center serving 7 or more children in unincorporated Valencia County meets the county's definition of a 'day care facility' under § 154.006, and § 154.169 requires it to hold all required licenses and go through site-design review with a detailed application before the county will approve it.
DAY CARE FACILITY. An establishment or facility which has the primary function of providing care, services and supervision to 7 or more children for a period not exceeding 24 hours of any day; or any facility, as defined in the Public Health Act, NMSA § 24-1-1 et seq., as the same may be from time to time amended; or a facility that provides child care to children in a place other than the child's home, with or without compensation, except the home of a family day care provider. ... (A) Standards and requirements. Day care facilities shall be subject to the following minimum requirements. (1) The proposed facility shall maintain all applicable licenses required by the appropriate agencies for the use described in the application. ... (1) A description of the proposed use, including the maximum number of day care patrons to be served, the number of staff, and estimated days and hours of operation; and (2) A site plan showing existing or proposed structures and improvements, including landscaping, play yards, parking areas, and the location of structures and improvements on adjacent properties.
Full Breakdown
006 defines a day care facility as an establishment with the primary function of providing care, services and supervision to 7 or more children for up to 24 hours a day, any facility covered by New Mexico's Public Health Act, or any operation that cares for children outside the child's home other than the home of a family day care provider, a threshold that separates a center-scale operation from the smaller family day care business definition in the same section. , with the Department weighing the facility's compatibility with the surrounding area, usable on-site open space appropriate to the children served, and clearly defined property boundaries.
169(B) requires the application itself to describe the proposed use, including the maximum number of day care patrons to be served, the number of staff, and estimated days and hours of operation, along with a site plan showing existing or proposed structures and improvements, landscaping, play yards, parking areas, and structures on adjacent properties, so the county can evaluate the center's footprint before it opens.
Violations & Fines
Operating a day care facility for 7 or more children in unincorporated Valencia County without the licenses required by § 154.169(A)(1), or without the site-plan and conditional-use approval required by § 154.169(B), violates Chapter 154. Under § 154.999, each day the violation continues is a separate petty misdemeanor, carrying a fine up to $300, up to 90 days in jail, or both, and the Department can cite the operator with 30 days to fix the problem before a court appearance is required.
Frequently Asked Questions
What counts as a 'day care facility' rather than a home daycare in unincorporated Valencia County?
What does a childcare center have to submit to open in unincorporated Valencia County?
Does the county check whether a childcare center is licensed?
Sources & Official References
Other rules in Valencia County
Compare Valencia County to another location·View the New Mexico building safety overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.