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Utah County, UT Home Business: Home Daycare (2026)

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

Key Facts

Zoning status
Permitted use, no CUP needed
Provider residency
Must reside in the dwelling
Required credential
State Residential/Family Child Care license
Capacity limit
Set by state, not county
Qualifying zones
RA-5, RR-5, TR-5 and similar

Summary

Unincorporated Utah County treats licensed home child care as a permitted use in residential and agricultural zones, with no conditional use permit needed. The provider must live in the dwelling and hold a current state Residential Child Care certificate or Family Child Care license, with capacity set by state rules, not county code.

City-specific rules exist: Orem, Eagle Mountain, Provo, and Lehi have their own home daycare rules that differ from Utah County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

[UCLUO § 2.08, Home Child Care] "Home Child Care" Care and supervision of children within a Dwelling by a licensed provider who resides within the Dwelling. The licensed provider must hold a current Residential Child Care certificate or a current Family Child Care license which has been issued by the State of Utah Child Care Licensing. The total number of children cared for and the total number of caregivers within the Dwelling must comply with state regulations. [UCLUO § 12.08, RA-5 Residential Agricultural Zone, Permitted Uses] Home Child Care and/or private preschools.

Source: Utah Code §26B-2-404View official code

Full Breakdown

UCLUO § 2.08 defines "Home Child Care" as care and supervision of children within a dwelling by a licensed provider who resides in that dwelling. The provider must hold either a current Residential Child Care certificate or a current Family Child Care license issued by the State of Utah Child Care Licensing, and both the total number of children cared for and the total number of caregivers in the dwelling must comply with state regulations, not a separate county cap. Utah County does not layer its own occupancy limit on top of the state license.

Zoning treats the use as by-right rather than discretionary. In the RA-5 Residential Agricultural Zone, UCLUO § 12.08 lists "Home Child Care and/or private preschools" among the Permitted Uses allowed upon compliance with the zone's standards and requirements, the same permitted-use category as Home Occupations and one-family dwellings. The same permitted listing recurs in the county's other residential zones, including RR-5 Rural Residential and TR-5 Transitional Residential. Because it is a permitted use, an operator does not need a conditional use permit or a public hearing before the Planning Commission to start a state-licensed home child care business in a qualifying zone; the state license itself is the operative gate. Operators should still confirm zone-specific dimensional and parking standards, since the permitted-use listing ties the activity to the zone's general requirements.

Violations & Fines

Operating a Home Child Care without the required State of Utah Child Care Licensing certificate or license falls outside the permitted-use definition in UCLUO § 2.08 and is not authorized by the zone's permitted-use list. An unlicensed or over-capacity operation is a Land Use Ordinance violation under UCLUO § 16.104: a class C misdemeanor plus civil penalties from $25 per day up to $1,000 per day if uncorrected 30 days after written notice.

Frequently Asked Questions

Do I need a county permit to run a home daycare in unincorporated Utah County?
No separate county permit or conditional use approval is required. UCLUO § 12.08 and comparable residential zone sections list Home Child Care as a permitted use, so a state-licensed provider who lives in the home can operate as of right, subject to the zone's general standards.
How many children can I care for in a home daycare?
Utah County does not set its own number. UCLUO § 2.08 ties the total number of children and caregivers to whatever the State of Utah Child Care Licensing program allows under the provider's Residential Child Care certificate or Family Child Care license.
Can someone who doesn't live in the home run the daycare there?
No. UCLUO § 2.08 defines Home Child Care as care provided by a licensed provider who resides within the dwelling, so the license holder must actually live in the home where care is given, not just supervise remotely or employ a non-resident caregiver alone.

Sources & Official References

Other rules in Utah County

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