Oakland County, MI Home Business: Home Daycare (2026)
Key Facts
- Family child care home
- 1 to 6 children: permitted in all residential zones (no SUP)
- Group child care home
- 7 to 12 children: local zoning can review with limits
- Preemption
- MCL 125.3206(3): local rules cannot be more restrictive
- State license
- MiLEAP/LARA under 1973 PA 116
Summary
Michigan law (MCL 125.3206) requires every Oakland County township and county zoning ordinance to treat a state-licensed family child care home (1-6 children) as a permitted residential use in all residential zones: no special use permit allowed. A group child care home (7-12 children) may be subject to a special-use review but cannot be banned outright. Licensing is handled by MiLEAP/LARA.
For a county or township, a family child care home is a residential use of property for the purposes of zoning and a permitted use in all residential zones and is not subject to a special use or conditional use permit or procedure different from those required for other dwellings of similar density in the same zone.
Full Breakdown
Michigan Zoning Enabling Act §125.3206(3) preempts local zoning: 'For a county or township, a family child care home is a residential use of property for the purposes of zoning and a permitted use in all residential zones and is not subject to a special use or conditional use permit or procedure different from those required for other dwellings of similar density in the same zone.' This means Royal Oak Twp, Bloomfield Twp, Independence Twp, and other Oakland County townships cannot require a conditional use permit for a 1-6 child family day care home. Group child care homes (7-12 children) may be subject to reasonable special-use standards. State licensure under 1973 PA 116 (MCL 722.111 et seq.) is required regardless of zoning. The state license fee is $25-$300 depending on facility type and capacity, and includes background checks, training, and inspection requirements.
Violations & Fines
Operating an unlicensed family child care home (caring for more than the threshold number of unrelated children for compensation) is a violation of the Michigan Child Care Organizations Act and may result in cease orders and criminal penalties. Zoning enforcement against a properly licensed family child care home that exceeds local standards (e.g., a township trying to require a special use permit for a 4-child home) would be preempted by state law.
Frequently Asked Questions
Can my township require a special use permit for my 4-child home daycare?
Do I need a state license to watch up to 6 kids in my home?
What about HOA covenants that prohibit home businesses?
Sources & Official References
Other rules in Oakland County
Compare Oakland County to another location·View the Michigan home business overview
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