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Madison, WI Home Business: Home Daycare (2026)

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

Key Facts

State License
WI DCF required
Family Home
Up to 8 children
Group Home
9-12, conditional use
Zoning
MGO Chapter 28
Fire Inspect
Madison FD required

Summary

Madison family daycare homes (up to 8 children) are allowed as a home occupation in residential zones with state licensing through WI DCF. Group daycare homes (9-12 children) require conditional use approval under MGO Chapter 28.

DCF 251.01 Authority and purpose. DCF 251.02 Applicability. DCF 251.03 Definitions. DCF 251.04 Operational requirements. DCF 251.05 Staff. DCF 251.055 Supervision and grouping of children. DCF 251.06 Physical plant and equipment. DCF 251.07 Program. DCF 251.08 Transportation. DCF 251.09 Additional requirements for infant and toddler care. DCF 251.094 Staff in school-age programs. DCF 251.095 Additional requirements, modifications, and exceptions for school-age programs. DCF 251.10 Additional requirements for night care. DCF 251.11 Licensing administration. DCF 251.12 Complaints, inspections and enforcement actions. DCF 251.13 Programs established or contracted for by school boards. Ch. DCF 251 Note Note: Corrections made under s.

Source: WI DCF Child Care LicensingView official code

Full Breakdown

Wisconsin licenses family child care (up to 8 children) and group child care homes (9-12 children) through the Department of Children and Families under WI Stat. Chapter 48 and WI Admin Code DCF 250/251. Madison General Ordinances Chapter 28 (Zoning) permits family daycare homes as a by-right home occupation in most residential districts provided the provider resides on-site. Group daycare homes typically require a conditional use permit from the Plan Commission. Operators must obtain DCF licensure before opening, pass background checks, complete required training hours, and maintain child-to-staff ratios. Fire inspection by Madison Fire Department is required, and the home must meet building and egress code standards. Off-street drop-off accommodations are expected to avoid traffic conflicts on residential streets.

Violations & Fines

Operating an unlicensed daycare can result in DCF enforcement, fines, and closure. Zoning violations may result in MGO Chapter 28 citations starting around 200 dollars per day.

Frequently Asked Questions

Do I need a Madison permit for a family daycare?
You need a state DCF license. Family daycare is allowed as a home occupation by right in most residential zones, but group daycare homes need a conditional use permit.
How many children can I watch without a state license?
Wisconsin requires certification for 4 or more children under age 7 who are not related to the provider. Watching 3 or fewer unrelated children generally does not require licensing.

Sources & Official References

Other rules in Madison

All Madison rules

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