Montgomery County, MD Home Business: Home Daycare (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.
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
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?
Can I run a home day care if I'm not a resident there?
Does this zoning rule apply in Rockville or Gaithersburg?
Sources & Official References
Other rules in Montgomery County
Compare Montgomery County to another location·View the Maryland home business overview
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