State law protects home child care across Atlantic County. A family day care home is a permitted use in every residential district that no municipality may zone out, and providers caring for three to five children register under the Family Day Care Provider Registration Act.
Two rules govern home daycare, and neither is a county rule. First, the Municipal Land Use Law, N.J.S.A. 40:55D-66.5b, makes a family day care home a permitted use in all residential districts, held to the same requirements as a single-family dwelling, so no Atlantic County municipality may bar one or force a variance. Second, the Family Day Care Provider Registration Act, N.J.S.A. 30:5B-16 et seq., governs providers caring for three to five children in their own home; registration through a state-approved agency brings background checks, home inspection, and training. Atlantic City, Brigantine, Egg Harbor Township, Galloway, and Hammonton must all treat the use as residential.
A municipality that tries to prohibit or specially permit a family day care home acts contrary to N.J.S.A. 40:55D-66.5b. Operating an unregistered home while receiving state child-care subsidy violates the Registration Act and risks loss of funding.
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