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Hanover County, VA Home Business: Home Daycare (2026)

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

Key Facts

Family day home cap
1 to 4 children under 13, excludes provider's own kids
Under-2 cap
No more than 4 children under age 2 without VDSS license
Zoning status
Permitted accessory use, no discretionary permit required
Larger programs
5-12 children is a 'day nursery,' needs special exception
Enforcement
Zoning Administrator, Hanover County Planning Department
Civil fine
$200 first ticket, $500 each additional, $5,000 cap

Summary

Hanover County zoning treats in-home child care for up to four kids under 13 as a 'family day home,' which County Code Section 26-6 defines and which is permitted by right as an accessory use in the county's residential zoning districts. Care for four or more children under age two requires licensing or voluntary registration with the Virginia Department of Social Services.

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

Family day home: A child day program offered in the residence of the provider or the home of any of the children in care for one (1) through four (4) children under the age of thirteen (13), exclusive of the provider's own children and any children who reside in the home, when at least one (1) child receives care for compensation; provided, no family day home shall care for more than four (4) children under the age of two (2), including the provider's own children and any children who reside in the home, unless the family day home is licensed or voluntarily registered with the Virginia Department of Social Services. ... 19.Family day homes.

Full Breakdown

Section 26-6 of the Zoning Ordinance defines a 'family day home' as a child day program offered in the provider's residence, or the home of any child in care, for one through four children under age 13, not counting the provider's own children or children who already live in the home, when at least one child receives care for compensation. No family day home may care for more than four children under age two, including the provider's own, unless the home is licensed or has voluntarily registered with the Virginia Department of Social Services.

That distinguishes the family day home from a 'day nursery,' the code's term (Section 26-6) for a larger in-home program serving five to twelve children, treated as a different, more heavily regulated use. 3(13) lists them for the HV Historic Village District covering Hanover Courthouse, Beaverdam and Montpelier; the same 'Family day homes' line item repeats across the county's other residential districts. 5(c)(4) in HV before it can open. The Zoning Administrator in the Planning Department enforces the accessory-use limits; a home that exceeds the caps without VDSS licensing or registration is operating outside the 'family day home' definition and is subject to zoning enforcement.

Violations & Fines

Exceeding the family day home caps, more than four children under 13, or more than four under age two without VDSS licensing or voluntary registration, without first obtaining a special exception as a day nursery, is a Zoning Ordinance violation under Section 26-347. The Zoning Administrator can issue a civil ticket carrying a $200 fine for the first summons and $500 for each later one, up to $5,000, under Section 26-348; beyond that cap the case becomes a misdemeanor under Section 26-349, fined $10 to $1,000.

Frequently Asked Questions

Do I need a permit to run a home daycare in Hanover County?
No, as long as it qualifies as a 'family day home' under Section 26-6: one to four children under 13, not counting your own kids or kids who already live there. That use is listed as a permitted accessory use in Section 26-19(19) and other residential district sections, so it doesn't need a special exception or conditional use permit from the Board of Supervisors.
How many children can I care for without extra licensing?
Up to four children under age 13. Within that group, no more than four can be under age two, including your own children, unless your home is licensed or voluntarily registered with the Virginia Department of Social Services, per the Section 26-6 definition of 'family day home.'
What if I want to care for more than four children?
That size program is a 'day nursery' under Section 26-6, not a family day home, and it needs Board of Supervisors approval as a special exception, Section 26-21(14) in the A-1 district or Section 26-54.5(c)(4) in the Historic Village District, before you can open.
What happens if my home daycare exceeds the zoning limits?
The Zoning Administrator can issue a notice of violation under Section 26-347 and, if uncorrected, a civil ticket of $200 for the first offense and $500 for each additional one under Section 26-348, with cases exceeding $5,000 in penalties referred for misdemeanor prosecution under Section 26-349.

Sources & Official References

Other rules in Hanover County

All Hanover County rules

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