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

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

Key Facts

Max enrollment
8 children under 13
Infant cap
2 children under age 2
Provider's own kids
Counted in the 8-child cap
Zoning permit
Not required; allowed by right
State registration
Maryland Office of Child Care Licensing
Governing section
Zoning Ordinance § 4.15

Summary

Washington County, Maryland lets any residence operate as a registered Family Day Care Home without a separate zoning permit under Zoning Ordinance Section 4.15. The home must register with the Maryland Office of Child Care Licensing and Regulation and cap enrollment at eight children under 13, counting the provider's own kids under six, with no more than two children under age two at once.

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

Nothing in this Ordinance shall prohibit the use of any residence to be used as a registered Family Day Care Home. Family Day Care Homes shall be registered with and meet all of the requirements of the Maryland Office of Child Care Licensing and Regulation. Family Day Care is care given for compensation in lieu of parental care in a residence other than the child's residence for part of a twenty-four (24) hour day for: (a) Not more than eight (8) children under the age of thirteen (13) or to a developmentally disabled person younger than twenty-one (21) years; and (b) The provider's own child or children under the age of six (6) shall be included in the total number of eight (8) children allowed; and (c) At no time may the provider care for more than two (2) children under the age two (2) years.

Full Breakdown

15 of the Washington County Zoning Ordinance opens by stating that nothing in the Ordinance prohibits any residence in the county from being used as a registered Family Day Care Home, so the use is allowed by right in every zoning district without a separate zoning permit or site plan. The tradeoff is that the operator must register with, and meet all the requirements of, the Maryland Office of Child Care Licensing and Regulation before opening. The Ordinance defines Family Day Care as care given for compensation in a residence other than the child's own home for part of a 24-hour day, and it sets the enrollment ceiling: no more than eight children under age 13 (or one developmentally disabled person under 21) at a time.

The provider's own children under age six count toward that cap of eight, so a provider with two young children of her own can enroll only six others. Within the group, the Ordinance further limits infant care: at no time may the provider have more than two children under age two in care, regardless of total enrollment. Because the use is zoning-permitted by right, Washington County's Division of Plan Review and Permitting does not require a separate application; the real constraint is the state license. 2(d), including a written notice by certified mail ordering the owner to correct or discontinue the violation.

Violations & Fines

The Zoning Administrator enforces Section 4.15 through the general zoning violation process in Section 24.2(d): a certified-mail notice describing the violation and ordering it corrected, followed by an order to discontinue the illegal use if the operator does not comply. Operating above the eight-child cap, exceeding two children under age two, or running an unregistered home daycare exposes the property to a notice of violation and a possible discontinuance order.

Frequently Asked Questions

Do I need a Washington County zoning permit to run a home daycare?
No. Section 4.15 of the Zoning Ordinance says nothing in the Ordinance prohibits using any residence as a registered Family Day Care Home, so the use is allowed by right in every zoning district. You still must register the home with the Maryland Office of Child Care Licensing and Regulation and meet all of its licensing requirements before caring for children there.
How many children can a Washington County family day care home serve?
Up to eight children under age 13, or a developmentally disabled person younger than 21. The provider's own children under six are included in that count of eight, and no more than two children under age two may be in care at any single time, regardless of total enrollment.
Does the county zoning code cover licensing, or just where daycares can operate?
Just where. Section 4.15 addresses zoning: it clears family day care homes to operate in any residence without a special exception or site plan. Actual licensing, inspections, and staff-training requirements come from the Maryland Office of Child Care Licensing and Regulation, not the county zoning office.

Sources & Official References

Other rules in Washington County

All Washington County rules

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