Baltimore County, MD Home Business: Home Daycare (2026)
Key Facts
- Zoning status
- Permitted by right, accessory use, all zones
- Max capacity
- 8 children total, max 4 under age two
- Under-2 limit
- No more than 2 under two without office approval
- Licensing agency
- Maryland Office of Child Care, MSDE
- Adjacency rule
- Can't adjoin existing home in D.R./R.C. Zone
Summary
Maryland fixes home daycare capacity directly through COMAR, and Baltimore County zoning lets the business operate as of right. A registered family child care home may care for up to eight children at once, no more than four under age two, and Baltimore County Zoning Regulations Section 424.3 permits it inside a dwelling in every zoning district without a special exception.
A. The number of children present in care at any one time may not exceed the child capacity number stated on the certificate of registration. B. Care may not be provided at any one time to more than two children younger than 2 years old unless approved by the office. C. Whenever more than two children younger than 2 years old are present in care, an additional adult shall be present who has met the applicable requirements of COMAR 13A.15.06.04. D. Except as provided in §E of this regulation, the maximum total capacity of a family child care home may not exceed eight children, of whom not more than four may be younger than 2 years old. E. The maximum total capacity of a family child care home in which the provider also operates an educational program may not exceed eight children, of whom not more than two may be younger than 2 years old.
Full Breakdown
e. C. Zone that already adjoins an existing family child-care home, group child-care center, or nursery school, a rule that has applied since April 15, 1985. 03, which sets the numeric capacity the zoning use rides on. A provider may not care for more children at once than the number on the certificate of registration, and may not exceed two children under age two in care at once unless the Office of Child Care approves a higher number, in which case an additional qualified adult must also be present.
The absolute ceiling is eight children total with no more than four under two, and a home that also runs an educational program is capped at eight children with no more than two under two. The office also counts a resident of the home under six as a child in care, and may count a visiting child under eight who is unaccompanied or cannot be sent home immediately.
Violations & Fines
Operating without the state registration, or exceeding the child capacity printed on the certificate of registration, is a licensing violation the Maryland Office of Child Care can act on directly, including suspending or revoking the registration. On the zoning side, Baltimore County Zoning Regulations Section 424.1.C blocks a use permit for a new family child-care home that would adjoin an existing one on a D.R. or R.C.-zoned residential property.
Frequently Asked Questions
How many children can a Baltimore County home daycare care for at once?
Does Baltimore County zoning require a special permit for a home daycare?
Can a new home daycare open next door to an existing one in Baltimore County?
Sources & Official References
Other rules in Baltimore County
Compare Baltimore County to another location·View the Maryland home business overview
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