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Bannock County, ID Home Business: Home Daycare (2026)

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

Key Facts

Permitted by right
Up to 6 children, licensed home day care
Conditional use tier
7 to 20 children in operator's residence
Over 20 children
Requires a non-residential structure, conditional use
Governing sections
Bannock County Code §§ 17.20.030(I), 17.20.040(B)
License required
Operator must hold a state day care license

Summary

In the Residential Suburban district of unincorporated Bannock County, a state-licensed day care home caring for up to six client children is a permitted use by right. Caring for seven to twenty children needs a conditional use permit in the operator's primary residence, and licensed care for more than twenty children requires a non-residential structure.

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

I.State licensed day care for up to six client children at any one time in the day care operator's primary residence or a day care center. ... B.State-licensed day care for more than six client children at any one time to a maximum of twenty (20) children in the day care operator's primary residence; licensed day care for over twenty (20) children may be conditionally permitted in a structure which was not initially constructed for residential purposes;

Full Breakdown

Bannock County's zoning ordinance ties home daycare rules to how many state-licensed children a home cares for at one time. Under Section 17.20.030(I), governing permitted uses in the Residential Suburban (RS) district, a state-licensed day care for up to six client children in the operator's primary residence, or a day care center, is permitted outright with staff review of the site plan, no conditional use permit needed. Once the count rises above six, Section 17.20.040(B) shifts the use into conditional territory: a state-licensed day care for more than six children up to a maximum of twenty children in the operator's primary residence needs a conditional use permit from the Planning and Development Council, and licensed care for more than twenty children can only be conditionally permitted in a structure that was not originally built as a residence.

The Agricultural (A) and Residential Rural (RR) districts track the same six-child line: Section 17.12.030(G) permits day care homes with up to six client children outright in the A district, Section 17.12.040(H) makes seven-or-more-child day care homes or centers conditional there, and Section 17.16.030(C) permits up to six children in the RR district while Section 17.16.040 pulls in the RS district's conditional use list, including its day care tiers, for anything larger. In every district, the operator still needs the underlying state day care license before the zoning classification matters, and Planning and Development Services reviews the site plan or conditional use application before the higher tiers can operate.

Violations & Fines

Operating a state-licensed day care for more than six children in a Bannock County residential district without first obtaining the required conditional use permit is a zoning violation Planning and Development Services can act on, as is running a day care for more than twenty children in a building that was originally constructed as a residence rather than a nonresidential structure as Section 17.20.040(B) requires.

Frequently Asked Questions

How many kids can I watch in my Bannock County home without a permit?
Up to six state-licensed client children at one time, under Section 17.20.030(I) for the Residential Suburban district and the matching six-child threshold in the Agricultural and Residential Rural districts. Above six, you need a conditional use permit before you can legally operate.
Can I run a 15-child day care out of my house?
Yes, but only with a conditional use permit. Section 17.20.040(B) allows a state-licensed day care for more than six and up to twenty client children in the operator's primary residence once the Planning and Development Council approves the conditional use application.
What if I want to care for more than twenty children?
You can't do that from an ordinary house. Section 17.20.040(B) requires day cares over twenty children to operate in a structure that was not originally built as a residence, and that use still needs conditional use approval regardless of the building type.

Sources & Official References

Other rules in Bannock County

All Bannock County rules

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