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Forsyth County, GA Home Business: Home Daycare (2026)

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

Key Facts

Care capacity
3 to 6 children or adults, state-licensed
Zoning status
Permitted (P) in A1 and AG-RES districts
Governing sections
UDC §§ 15-1.2, 15-2.2, Table 15.1
Exempt threshold
Fewer than 3 enrollees needs no state license
Reclassification point
7+ enrollees becomes a Day Care Center use
Civil penalty
Up to $1,000 per day per violation

Summary

In unincorporated Forsyth County, a family day care home caring for three to six children or adults is a permitted accessory use in the county's agricultural zoning districts, not a business needing rezoning. The Unified Development Code defines the use by the state license the operator must hold, and caps it well below the seven-or-more threshold that reclassifies a home into a licensed day care center.

These county ordinances apply to unincorporated areas of Forsyth County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Day Care Home, Family: An accessory use within a private residence, licensed by or registered with the State of Georgia as a family day care home, operated by the occupant of the dwelling who enrolls for pay, for supervision and care without overnight accommodations, at least three but not more than six children or adults. An arrangement of care for less than three children or adults is not required by the state of Georgia to be licensed and is thus exempt from definition as a "Day Care." ... TABLE 15.1 USES PERMITTED IN AGRICULTURAL DISTRICTS ... P = Permitted C = Conditional X = Not Permitted ... Uses A1 AG-RES ... Day Care Home, Family P P

Source: Official Code of Georgia AnnotatedView official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 43).

Full Breakdown

Forsyth County's Unified Development Code treats a family day care home as an accessory use of a private residence, not a standalone commercial use requiring rezoning. Chapter 3, Article II defines "Day Care Home, Family" as an accessory use within a private residence, licensed by or registered with the State of Georgia as a family day care home, operated by the occupant of the dwelling, who enrolls for pay, for supervision and care without overnight accommodations, at least three but not more than six children or adults.

An arrangement caring for fewer than three is not required by the state to be licensed and is therefore exempt from the Day Care definition altogether, meaning the county does not regulate it as a land use at all. Cross the six-person line and the use becomes a "Day Care Center," a separate, more heavily reviewed category covering seven or more enrollees. 1, which lists "Day Care Home, Family" as P (Permitted) outright in both the A1 and AG-RES districts, meaning no conditional-use hearing before the Board of Commissioners is needed to run one from a farmhouse or rural subdivision lot.

1(a) in Chapter 11, where permitted status is not uniform across every district; anyone planning to enroll paying children or adults for care in a residential-zoned home should confirm the classification for their specific district with the Department of Planning and Community Development before advertising or accepting enrollees.

Violations & Fines

Operating a family day care home in a district where Table 15.1 or Table 11.1(a) does not permit it, or exceeding the six-child/adult cap without reclassifying as a licensed Day Care Center, is a UDC violation. Forsyth County can seek an injunction under section 22-1.1, pursue a civil penalty of up to $1,000 per day per violation under section 22-1.2, plus attorney fees, or refer the case for criminal prosecution under section 22-2.1, which carries a fine of up to $1,000 per offense in Magistrate Court.

Frequently Asked Questions

Can I run a home daycare in unincorporated Forsyth County without a zoning permit?
Yes, if you care for three to six children or adults and hold Georgia's family day care home license, the Unified Development Code's Table 15.1 lists the use as permitted (P) outright in the A1 and AG-RES agricultural districts, so no conditional-use hearing before the Board of Commissioners is required for that zoning.
Do I need a state license to babysit a couple of kids for pay at my house?
No. Georgia only requires a family day care home license once you enroll three or more children or adults for pay; the UDC's own definition says an arrangement caring for fewer than three is exempt from licensing and therefore is not regulated as a "Day Care" land use at all.
What happens if I care for more than six children in my Forsyth County home?
Once enrollment reaches seven or more paid children or adults, the use is no longer a "family day care home" but a "Day Care Center," a separate, more heavily reviewed UDC use category, and continuing to operate under the smaller classification's zoning approval is treated as an unlawful use under Chapter 22's enforcement provisions.
Are the zoning rules the same for a home daycare in a subdivision as on a farm?
No. Agricultural districts A1 and AG-RES permit the use outright under Table 15.1, but Forsyth County's residential districts are scored separately in Table 11.1(a) of Chapter 11, where permitted status is not uniform district to district, so operators in R1, R2, R3 or similar zones should confirm their district's classification with Planning and Community Development first.

Sources & Official References

Other rules in Forsyth County

All Forsyth County rules

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