Wicomico County, MD Building Safety: Childcare Center Rules (2026)
Key Facts
- Center threshold
- 9 or more unrelated children
- Family day-care cap
- Up to 8 children
- R-20 zoning
- Special exception, 5-acre lot
- Setback
- 50 feet from all property lines
- R-30 zoning
- Permitted on 1-acre lot
- Inspection fee
- $75 family day-care, $100 center
- Civil fine
- Up to $500 per day
Summary
Unincorporated Wicomico County classifies child care by headcount: a 'center' serves nine or more unrelated children under § 225-25, while family day-care tops out at eight. A day-care center in the R-20 Residential District needs a Board of Appeals special exception, a five-acre lot, 50-foot setbacks and buffered play areas under § 225-82, and Fire Marshal inspections carry their own fee under § 141-3.
CENTER An agency, institution or establishment licensed/registered by the appropriate state agency, that for part of a twenty-four-hour day, on a regular basis, offers or provides child care to nine or more children who do not have the same parentage. ... § 141-3. Department of Planning, Zoning and Community Development. ... A. Fees enumerated. ... Firesafety inspections: ... Education occupancies: ... Family and group day-care homes (family day-care inspected every two years): $75. [4] Nursery or day-care centers: $100. ... § 225-82. Daycare. A. In a R-20 Residential District, day-care centers may be allowed by special exception, provided: (1) All buildings and play areas shall be set back a minimum of 50 feet from all property lines. (2) Such use is located on a lot of a minimum of five acres.
Full Breakdown
Wicomico County's zoning code sorts child care into three tiers by headcount and licensing status. Under § 225-25's definitions, an ELDERLY day-care home or facility, licensed or registered by the state or county, serves up to 15 elderly or disabled people; a FAMILY day-care home serves up to eight children outside the caregiver's own home; and a CENTER is any licensed agency, institution or establishment that provides care to nine or more children who are not siblings, for part of a 24-hour day on a regular basis.
Siting a day-care center in the R-20 Residential District requires a special exception from the Board of Appeals under § 225-82, and the county attaches real site conditions: the lot must be at least five acres, every building and play area must sit back a minimum of 50 feet from all property lines, and landscaping, fencing or another buffer has to screen the play area from neighboring properties. In the lower-density R-30 Residential District, a family day-care is a permitted use outright on a lot of at least one acre, without the special-exception step required of a center.
Beyond zoning, the Fire Marshal charges its own inspection fee under the Chapter 141 fee schedule: a family or group day-care home pays $75, inspected every two years, while a nursery or day-care center pays $100 per inspection, both billed through the Department of Planning, Zoning and Community Development alongside the county's other education-occupancy firesafety fees.
Violations & Fines
Operating a day-care center in the R-20 District without Board of Appeals approval, or without meeting the five-acre, setback and buffering standards of § 225-82, is enforced as a civil zoning violation under § 225-23, punishable by a fine of up to $500 per violation with each day counted separately. Failure to pay the § 141-3 firesafety inspection fee can block scheduling of the required inspection and hold up permit or license renewal.
Frequently Asked Questions
How many children can a home-based day-care serve before it's a 'center' under Wicomico County's code?
Can I open a day-care center in an R-20 neighborhood?
Does a family day-care home need a special exception too?
What does the county charge to inspect a day-care facility?
Sources & Official References
Other rules in Wicomico County
Compare Wicomico County to another location·View the Maryland building safety overview
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