Washington County, UT Home Business: Home Daycare (2026)
Key Facts
- Governing section
- § 10-26-3(E) and (F)(2)(d)
- Minor daycare cap
- 8 children at a time
- Major daycare band
- 9 to 16 children, § 10-26-4(K)(5)
- Floor-area exclusion
- Daycare play area excluded from 25% cap
- License needed at minor tier
- None required
- Last rewritten
- Ord. 2026-1321-O, May 19, 2026
Summary
Washington County treats home daycare as a home occupation under Code § 10-26-3. A minor home occupation daycare, capped at eight children at a time, needs no business license, and its play area does not count against the 25 percent floor-area cap that otherwise limits every home occupation.
E. The home occupation shall not result in a noticeable increase in clientele or employees to the site. No more than one employee at a time. No more than one client at a time. For lessons or a daycare, no more than eight students or children at a time. ... F. Minor home occupations additionally shall meet the following criteria: ... 2. If the above requirements are met, the following are examples of minor home occupations: ... d. Daycares with no more than eight children at a time;
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-17: Code current through: Ord. 2026-1329-O, passed 8-18-2026).
Full Breakdown
d lists "Daycares with no more than eight children at a time" among the named examples of a minor home occupation that needs no business license under subsection B. , pool) or a daycare play area" from that calculation, so a fenced outdoor play yard does not eat into the 25 percent limit. A daycare that grows past eight children at a time no longer qualifies as a minor home occupation; Section 10-26-4(K)(5) lists "Daycares with more than eight but 16 or less in a 24 hour period" as a major home occupation example, which requires a Community Development application, a business license, and compliance with the noise, parking, and traffic limits in § 10-26-4. Chapter 26 was rewritten by Ordinance 2026-1321-O, adopted May 19, 2026.
Violations & Fines
A home daycare that exceeds eight children without moving up to a major home occupation license, or that fails to meet the low-impact standards in § 10-26-2(C), is subject to code enforcement, business license revocation, and the civil and criminal penalties in County Ord. § 10-1-22, including a $250-per-day civil fine after a 10-day cure notice.
Frequently Asked Questions
How many children can I watch in a Washington County home daycare without a license?
Does my daycare's outdoor play area count against the home occupation floor-area limit?
What happens once my home daycare grows past eight children?
Sources & Official References
Other rules in Washington County
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