Gaithersburg vs Takoma Park

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.

Takoma Park home daycares require MSDE registration (1-8 children) or full license (9-12 children). Montgomery County zoning permits family child care as a residential accessory use.