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Benton County, WA Home Business: Home Daycare (2026)

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

Key Facts

Type A definition
Dwelling unit caring for 12 or fewer children
Approval type
Planning Administrator registration, not a conditional use permit
Application fee
Non-refundable fee set by the County Commissioners
Sign limit
One sign, 4 square feet, 6 feet tall max
Play-area fence
At least 4 feet high
Neighbor notice radius
300 feet, with a 14-day appeal window

Summary

A home-based day care in unincorporated Benton County caring for 12 or fewer children is a Child Day Care Facility, Type A, and needs a Planning Administrator registration, not a conditional use permit, under BCC 11.42.050. The county reviews signage, play-area fencing, parking and neighbor notice before approving it.

City-specific rules exist: Kennewick has its own home daycare rules that differ from Benton County's county-level regulations. If you live in Kennewick, check the city-specific page instead.

11.42.050 CHILD DAY CARE FACILITY, TYPE A. No Child Day Care Facility, Type A, shall be permitted until a Child Day Care Facility Registration has been approved by the Planning Administrator upon compliance with this section... (4) Signage is limited to no more than one non-illuminating sign, with a maximum area of four (4) square feet, and a maximum sign height of six (6) feet above grade. The posting of such signs is limited to the parcel on which the approved child day care facility is located... (5) The outdoor play area is fenced to a height of not less than four (4) feet. (6) Off-street parking areas shall be provided so as to allow one space for every employee... written notification of the proposed use shall be sent by first class U. S. Mail to owners of real property... located within three-hundred (300) feet of any portion of the boundary of the proposed use... The notification shall contain a statement that the proposed use shall be approved without holding an open record hearing if no appeal is submitted to the Planning Administrator within fourteen (14) calendar days following date of mailing of notification.

Source: Revised Code of WashingtonView official code

Full Breakdown

020(35)-(36): a Child Day Care Facility, Type A, is a dwelling unit where a provider cares for 12 or fewer children for less than 24 hours a day, which covers most in-home day cares; 13 or more children, or any facility in a building other than a dwelling, is a Type B facility that needs a conditional use permit instead. 050(a). 050(b): it needs state child-care licensing approval, must comply with Benton-Franklin District Health Department and water/sewer provider requirements, and is limited to one non-illuminating sign of no more than 4 square feet, mounted no higher than 6 feet, with no on-street or sightline-blocking placement.

The outdoor play area must be fenced to at least 4 feet high, one parking space is required per employee plus a loading/unloading area, and the facility must keep the residential character of the neighborhood. Before approval, the county mails notice to every property owner within 300 feet of the site; neighbors get 14 calendar days to appeal to the Planning Administrator before the registration is deemed approved. A registration can be revoked if the county finds the operator out of compliance, with day care activity required to stop within 20 days of a final revocation unless an appeal is pending.

Violations & Fines

If a Type A day care operates without an approved registration, or violates its terms, the Planning Administrator can revoke the registration after notice; the operator has 7 days to show compliance before revocation becomes final, and day care activity must stop within 20 days after that unless an appeal is pending. Continuing to operate afterward can be referred to code enforcement under BCC 11.43, where a first violation is an infraction carrying up to a $500 civil penalty and a repeat violation is a misdemeanor.

Frequently Asked Questions

How many kids can I watch in my Benton County home without a conditional use permit?
Up to 12. BCC 11.04.020(35) defines a Child Day Care Facility, Type A, as a dwelling unit where a provider cares for 12 or fewer children for less than 24 hours a day; that only needs a Planning Administrator registration under BCC 11.42.050, not the conditional use permit required for 13 or more children.
Do my neighbors get a say before I open a home day care?
Yes. Under BCC 11.42.050(c), the county mails notice to every property owner within 300 feet of the site once the application is reviewed, and neighbors have 14 calendar days to appeal to the Planning Administrator. If nobody appeals in that window, the registration is approved automatically.
What sign can I put up for my home day care?
BCC 11.42.050(b)(4) limits you to one non-illuminating sign no larger than 4 square feet and no taller than 6 feet, posted only on the parcel where the day care operates. You cannot post it in the road right-of-way or anywhere it blocks sightlines at an intersection.

Sources & Official References

Other rules in Benton County

All Benton County rules

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