Siskiyou County, CA Home Business: Home Daycare (2026)

Family daycare homes in unincorporated Siskiyou County are governed primarily by California state law, which preempts local zoning. Under Health & Safety Code Sections 1597.40 through 1597.45 - strengthened by SB 234, effective January 1, 2020 - the use of a home as a small family daycare home (up to 8 children) or a large family daycare home (up to 14 children) is a residential use of property and a use by right for purposes of all local ordinances, including zoning ordinances. The Legislature declared this a matter of statewide concern and stated the intent to occupy the field, so the state act, building code, and fire code preempt conflicting local laws governing the use and occupancy of family daycare homes. As a result, Siskiyou County may not require a conditional use or zoning permit for a large family daycare home, and a local jurisdiction may not impose a business license, fee, or tax for the privilege of operating a small or large family daycare home. Licensing of the daycare itself is handled by the California Department of Social Services, Community Care Licensing Division, not the County. Operators must still meet state health, safety, fire, and building requirements (for example, smoke detectors and fire-safety standards) and obtain the required state license. Because of this state preemption, the County does not issue or require a separate land-use permit for family daycare homes in residential zones.