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Fayetteville, AR Home Business: Home Daycare (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified July 2026

Key Facts

Home Occupation
Up to 6 children
Larger Daycare
Use Unit 25 commercial
State Licensing
Arkansas DHS/DCCECE
Inspections
State conducts

Summary

In Fayetteville, caring for up to six children counts as a home occupation and an allowed residential use under UDC Chapter 151. Larger childcare is a commercial day care (Use Unit 25) needing appropriate zoning, and Arkansas DHS licensing applies once you serve unrelated children.

The term home occupation shall include a child care facility handling not more than six (6) children at one (1) time.

Source: Fayetteville Unified Development CodeView official code

Full Breakdown

Fayetteville ties home childcare to its home occupation rules. The Unified Development Code (Chapter 151) states that a home occupation includes a child care facility handling not more than six children at one time, so small home daycare is a residential home-occupation use. Facilities above that size fall under Use Unit 25 'Day care,' a commercial use that must locate in a district where such uses are allowed. Separately, Arkansas requires child care providers to register or license through the state (Division of Child Care and Early Childhood Education, Ark. Code §20-78-201 et seq.) once they care for unrelated children for compensation, with background checks and inspections.

Violations & Fines

Running an oversized or unlicensed home daycare can bring state closure orders and fines, plus city zoning enforcement of up to $500 per offense under §10.99.

Frequently Asked Questions

How many kids can I watch in my Fayetteville home?
Up to six children at a time qualifies as a home occupation and an allowed residential use. More than six makes it a commercial day care needing appropriate zoning.
Do I need a state license for home daycare?
Yes. Arkansas requires registration or licensing through the Division of Child Care and Early Childhood Education once you care for unrelated children for pay, including background checks.

Sources & Official References

Other rules in Fayetteville

All Fayetteville rules

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