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

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

Key Facts

Child count for family day care
3 to 6 children
Zoning status
Permitted home occupation
State rule referenced
GA DECAL Chapter 290-2-3
Related-children exclusion
Provider's own kids don't count
Above 6 children
Becomes group day care home, needs special use

Summary

Unincorporated Jackson County treats a family day care home for three to six children as a permitted home occupation, so long as it follows Georgia's Chapter 290-2-3 rules for family day care; related children in the caregiver's own family don't count toward the six-child cap.

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

(c)Family day care home. Family day care homes, as defined (three to six children), are permitted as home occupations, subject to compliance with Rules and Regulations for Family Day Care Homes, Chapter 290-2-3, Georgia Department of Early Care and Learning, updated March 26, 2014, as may be amended from time to time. For purposes of this paragraph only, children who are related by blood, marriage or adoption to the care provider shall not be included in the calculation of the six children limitation.

Full Breakdown

UDC Sec. 3-024(c) is the county's zoning hook for in-home childcare. A family day care home, defined as caring for three to six children, is permitted as a home occupation, meaning it can operate in a residential dwelling without the special use approval that group day care homes or child care learning centers require. The condition is compliance with the State of Georgia's Rules and Regulations for Family Day Care Homes, Chapter 290-2-3 of the Department of Early Care and Learning, updated March 26, 2014 and amended from time to time, which covers the state licensing, staffing and safety side of the operation.

The county carves out one favorable rule for the six-child count: children related by blood, marriage or adoption to the care provider are excluded from that calculation, so a caregiver's own kids don't use up slots that would otherwise trigger group day care home status (seven to 18 children) under Sec. 3-024(b), which does require special use approval and additional site standards. Operating above six unrelated children without moving up to group day care home approval, or operating without the required state license under Chapter 290-2-3, puts the home outside both the zoning permission and state licensing framework.

Violations & Fines

Exceeding six unrelated children without obtaining group day care home special use approval, or operating a family day care home without the required Georgia Department of Early Care and Learning license under Chapter 290-2-3, is a zoning and licensing violation that Planning and Development can act on, including revoking the home-occupation permission.

Frequently Asked Questions

Can I run a home daycare in unincorporated Jackson County?
Yes. UDC Sec. 3-024(c) permits a family day care home for three to six children as a home occupation, without needing special use approval, as long as it complies with Georgia's Chapter 290-2-3 rules for family day care homes.
Do my own children count toward the six-child limit?
No. Sec. 3-024(c) specifically excludes children related by blood, marriage or adoption to the care provider from the six-children calculation for family day care homes.
What happens if I care for more than six unrelated children?
At seven to 18 children the operation becomes a group day care home under Sec. 3-024(b), which requires special use approval and outdoor play area and drop-off standards beyond what a home-occupation family day care home needs.

Sources & Official References

Other rules in Jackson County

All Jackson County rules

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