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Douglas County, NE Home Business: Home Daycare (2026)

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

Key Facts

Person cap for "Limited"
6 or fewer people
Zoning status
Permitted by right, all districts
License required
Nebraska DHHS day care license
Geographic reach
Unincorporated county only
Citation
§3.05(G); Table 4.1, §4.10

Summary

Douglas County zoning treats a state-licensed home daycare serving six or fewer people as a permitted-by-right land use in every zoning district, including all residential districts: no special use permit needed. Applies only to unincorporated county land, not Omaha.

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

Use Types AG RR R-1 R-2 R-3 MH MU ID Supplemental Regulations ... Day Care (Limited) P P P P P P P P 5.04 Day Care (General) S S S S P S P P 5.04

Source: Neb. Rev. Stat. §71-1911.02 (Family Child Care Homes)View official code

Full Breakdown

Article 3 § 3.05(G) defines "Day Care Services (Limited)" as any state-licensed day care classification operating for not more than six persons, which covers a typical in-home family child care operation. Table 4.1 in Article 4 (§ 4.10) lists this use type as permitted by right ("P") in every base zoning district, AG, RR, R-1, R-2, R-3, MH, MU and ID, so an operator needs no special use permit or public hearing, only the underlying state childcare license. Add a seventh client and the use reclassifies as "Day Care (General)," which requires a Special Use Permit from the County Board in every district except R-3, MU and ID. These regulations govern only unincorporated Douglas County; Omaha, plus Bennington, Valley, Waterloo and Ralston, enforce their own separate municipal zoning codes.

Violations & Fines

Operating a "General" daycare (more than six people) without the required Special Use Permit, or without the underlying Nebraska DHHS license, is a zoning violation the County can cite and order into compliance.

Frequently Asked Questions

Do I need a special use permit for a small home daycare?
No. Table 4.1 lists "Day Care (Limited)" (six or fewer people) as permitted by right in every district, including RR, R-1, R-2 and R-3 residential zones.
What if I care for more than six children?
It becomes "Day Care (General)," which needs a County Board Special Use Permit everywhere except the R-3, MU and ID districts.
Does this cover my home in Omaha?
No. These are unincorporated-county zoning regulations only; Omaha, Bennington, Valley, Waterloo and Ralston each enforce their own zoning code.

Sources & Official References

Other rules in Douglas County

All Douglas County rules

Compare Douglas County to another location·View the Nebraska home business overview

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