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Arlington County, VA Home Business: Home Daycare (2026)

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

Key Facts

License required
for 1-12 children, County Manager issues (§59-4)
Application lead time
at least 2 months before opening (§59-5.B)
Conditional license term
6 months for new operators (§59-8.A.1)
Regular license term
1 year (§59-8.B.1)
Operating without license
misdemeanor, up to $300 fine/30 days jail (§59-20)
Change notice required
10 days written notice (§59-10.A)

Summary

Arlington County requires a license from the Department of Human Services to operate a family day care home caring for 1 to 12 children for compensation. Operating without a valid license after notice of violation is a misdemeanor punishable by up to a $300 fine and 30 days in jail under County Code Chapter 59.

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

§ 59-4. License Required, Posting of License. It shall be unlawful to operate a family day care home as defined herein in which more one (1) through 12 children are received, without a valid license issued pursuant to this chapter. Such license shall be posted in a visible location within the licensed premises where it can be easily seen by parents and other visitors of the home.

Full Breakdown

Chapter 59 of the Arlington County Code governs every home-based daycare in the county under authority of Va. 2-741. Section 59-4 makes it unlawful to operate a family day care home receiving between one and 12 children without a license, and the license must be posted where parents and visitors can see it. B), and the Department conducts a pre-licensing inspection and character review before the County Manager issues the license (§59-6, §59-7). C). Every license sets the maximum number and age range of children the home may serve (§59-9). B). A). A). C).

Violations & Fines

Operating a family day care home for one to 12 children without a valid license, after the County Manager has given notice of the violation and the operator has not corrected it, is a Class misdemeanor under §59-20. Conviction carries a fine of up to $300, up to 30 days in jail, or both, and each day the violation continues is a separate offense. The Department may also deny, suspend, or revoke a license for noncompliance under §§59-12 through 59-14, with a right to a hearing and appeal under §59-17.

Frequently Asked Questions

Do I need a license to run a home daycare in Arlington County?
Yes. Section 59-4 makes it unlawful to operate a family day care home where one through 12 children are received without a valid license from the Department of Human Services, and the license must be posted where parents can see it.
How far in advance do I need to apply?
At least two months before the planned opening date under §59-5.B. The Department then conducts a pre-licensing inspection and a character and reputation review before the County Manager issues the license.
What happens if I operate without a license?
Once the County Manager has given notice of the violation and it goes uncorrected, operating unlicensed is a misdemeanor under §59-20, carrying a fine up to $300, up to 30 days in jail, or both, with each day counted as a separate offense.
How is my licensed capacity determined?
The Department sets maximum capacity under §59-23.B based on the indoor and outdoor space available for free movement and active play, and on whether the provider also cares for someone needing special attention, such as an elderly resident.

Sources & Official References

Other rules in Arlington County

All Arlington County rules

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