Gaithersburg vs Rockville
How do home daycare rules compare between Gaithersburg, MD and Rockville, MD?
Gaithersburg and Rockville have similar restriction levels.
Gaithersburg, MD
Montgomery County
Home daycare operations in Gaithersburg are regulated by the Maryland State Department of Education (MSDE) Office of Child Care, not by the standard home occupation provisions that govern other home businesses. A Family Child Care Home may care for up to 8 children (including the provider's own children under age 6) with MSDE registration. A Large Family Child Care Home may care for 9 to 12 children and requires a full MSDE license plus at least one additional adult caregiver. All providers must pass comprehensive background checks at both the state and federal level, complete pre-service training hours before accepting children, and maintain ongoing professional development credits. Montgomery County Zoning Ordinance Chapter 59 treats family daycare as a separate permitted use in residential zones, distinct from the three-tier home occupation system. This means the No-Impact, Low-Impact, and Major home occupation restrictions on client visits, employees, and signage do not apply to licensed daycare operations, but daycare-specific zoning conditions regarding outdoor play area, drop-off and pick-up safety, and building code compliance do apply.
View full Gaithersburg rules →Rockville, MD
Montgomery County
Family child care homes in Rockville must obtain state licensing or registration through the Maryland Office of Child Care and comply with Montgomery County zoning requirements. Rockville's zoning ordinance specifically excludes day care facilities from the home-based business enterprise classification, meaning home daycare operations are subject to separate zoning review and approval.
View full Rockville rules →Key Facts Comparison
| Fact | Gaithersburg | Rockville |
|---|---|---|
| Family Home (1-8 kids) | MSDE registration required | - |
| Large Home (9-12 kids) | Full MSDE license + additional caregiver | - |
| Zoning | Separate permitted use -- not a home occupation | - |
| Background Checks | State CJIS + FBI fingerprint required | - |
| Training | 24-hour pre-service + annual continuing education | - |
| Zoning Classification | - | Excluded from home-based business enterprise |
| State Registration | - | Required through MD Office of Child Care |
| Small Family (up to 8) | - | Registration required |
| Large Family (9+) | - | State license required |
| County Conditional Use | - | 13-30 persons under Section 7.3.1 |
Highlighted rows indicate differences between cities.
Gaithersburg FAQ
How many children can I watch in my home daycare in Gaithersburg?
A registered Family Child Care Home can care for up to 8 children (including your own children under age 6). A licensed Large Family Child Care Home can care for 9 to 12 children but requires at least one additional adult caregiver and enhanced credentials. Contact MSDE Office of Child Care at 410-767-7805 for the registration process.
Do I need a home occupation permit for a home daycare in Gaithersburg?
No. Montgomery County zoning treats family child care as a separate permitted use in residential zones, not as a home occupation under the three-tier system. You need MSDE registration or licensing rather than a DPS home occupation registration. The zoning and licensing processes are separate from each other.
Rockville FAQ
Can I run a daycare from my home in Rockville?
Yes, but it requires separate approval. Rockville's zoning ordinance excludes daycare from the home-based business classification, so you need specific zoning approval plus state registration (up to 8 children) or licensing (9+ children) through the Maryland Office of Child Care.
What permits do I need for a home daycare?
You need state registration or licensing from the Maryland Office of Child Care, zoning approval from Rockville, a Use and Occupancy Certificate, and compliance with fire safety and building code requirements. Contact the Office of Child Care Region 5 at 240-314-1400 for guidance.
How many children can I care for in a home daycare?
Family child care registration covers up to 8 children. Caring for 9 or more children requires a full state license. Operations serving 13-30 persons are classified as child care centers and require a conditional use approval under Montgomery County Section 7.3.1.
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