Madera County, CA Home Business: Home Daycare (2026)

Family day care homes in unincorporated Madera County are governed primarily by California state law, which preempts local zoning. Under Health and Safety Code Section 1597.45(a) - as amended by SB 234, effective January 1, 2020 - the use of a home as a small or large family day care home is considered a residential use of property and a use by right for the purposes of all local ordinances, including zoning ordinances. As a result, the County cannot require a conditional use permit for a family day care home and must treat it like any other residence in its zoning designation. Health and Safety Code Section 1597.40 reinforces this, providing that family day care homes should operate in normal residential surroundings and that local laws, regulations, or rules shall not directly or indirectly prohibit or restrict the use of a facility as a family day care home; the Act, state building code, and fire code preempt local rules governing the use and occupancy of family day care homes. Operators are licensed by the California Department of Social Services, Community Care Licensing Division (small homes serve up to a state-set number of children and large homes more), and must meet state fire and life-safety standards in Section 1597.46. Because this is state-controlled, the County's role is limited - it cannot impose zoning permits beyond what state law allows, though generally applicable building, fire, and business-license requirements that apply to all residences in the same zone may still apply.