Skip to main content
CityRuleLookup

Montgomery County, MD Home Business: Home Daycare (2026)

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

Key Facts

Max in-home capacity
12 people
Provider requirement
must be resident, or majority-resident children
Non-resident staff allowed
up to 3
Over the cap
needs Hearing Examiner conditional use
Not covered here
Rockville, Gaithersburg, 5 other towns

Summary

Montgomery County zoning caps in-home family day care at 12 people and requires the provider to live on-site (or that most children cared for are residents); a non-resident provider must instead get Hearing Examiner conditional-use approval.

City-specific rules exist: Gaithersburg, and Rockville have their own home daycare rules that differ from Montgomery County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

Family Day Care (Up to 12 Persons) means a Day Care Facility for a maximum of 12 people in a dwelling where for child day care the registrant is the provider and a resident, or the registrant is not a resident but more than half the children cared for are residents. The provider's own children under the age of 6 are counted toward the maximum number of people allowed. For care of senior adults or persons with disabilities the registrant is the provider. Family Day Care (Up to 12 Persons) does not include more than 2 non-resident staff members on-site at any time or a provider that is not a resident and does not meet the requirement for a non-resident provider (see Section 3.4.4.D., Day Care Center (13-30 Persons)).

1.   The registrant must be the provider and a resident. If the provider is not a resident, the provider may file a conditional use application for a Day Care Center (13-30 Persons) (see Section 3.4.4.D).

2.   No more than 3 non-resident staff members may be on-site at any time.

D.   Day Care Center (13 - 30 Persons)

1.   Defined Day Care Center (13-30 Persons) means a Day Care Facility for 13 to 30 people where staffing, operations, and structures satisfy State and local regulations. A Day Care Center (13-30 Persons) includes a Family Day Care (Up to 12 Persons) where the provider is not a resident and cannot meet the non-resident provider requirement.

2.   Use Standards Where a Day Care Center (13-30 Persons) is allowed as a conditional use, it may

Source: MSDE Office of Child Care — Family Child CareView official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-90: Montgomery County Code contains legislation effective through May 7, 2026 | Zoning Updated Effective: April 13, 2026 | COMCOR Regulations effective as of July 1, 2026).

Full Breakdown

Under Chapter 59, the Zoning Ordinance, caring for up to 12 people in a dwelling is a 'Family Day Care' permitted use if the registrant is the provider and a resident, or is not a resident but more than half the children cared for are residents; no more than 3 non-resident staff may be on-site at once. A provider who cannot meet that residency test must instead seek conditional-use approval from the Hearing Examiner as a Day Care Center (13-30 Persons). Chapter 59 does not apply in Rockville, Gaithersburg, Poolesville, Barnesville, Brookeville, Laytonsville, or Washington Grove, which zone day care under their own municipal codes.

Violations & Fines

Exceeding the 12-person cap, exceeding the 3 non-resident-staff limit, or operating with a non-resident provider that doesn't meet the residency test without Hearing Examiner conditional-use approval is a zoning violation subject to enforcement by the Department of Permitting Services.

Frequently Asked Questions

Does Montgomery County require a zoning permit for in-home day care?
No separate zoning permit if you stay under 12 people and the registered provider lives on-site; state child-care licensing rules apply separately.
Can I run a home day care if I'm not a resident there?
Only with Hearing Examiner conditional-use approval as a Day Care Center (13-30 Persons); Family Day Care zoning requires provider residency or majority-resident children.
Does this zoning rule apply in Rockville or Gaithersburg?
No. Chapter 59 doesn't apply in Rockville, Gaithersburg, Poolesville, Barnesville, Brookeville, Laytonsville, or Washington Grove: each has its own municipal zoning code.

Sources & Official References

Other rules in Montgomery County

All Montgomery County rules

Compare Montgomery County to another location·View the Maryland home business overview

Get notified when Home Daycare in Montgomery County, MD changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.

Home Daycare in Cities Across Montgomery County