Midland, TX Home Business: Home Daycare (2026)
Key Facts
- Family Home (up to 6 kids)
- Permitted by right, Use Chart Row 62
- Group Day-Care (7+ kids)
- Requires SUD rezoning, Row 61
- State definition source
- Tex. Human Resources Code § 42.002
- SUD review body
- Planning & Zoning Commission, City Council
- Termed SUD length
- 2 years, renewable
- Zoning-violation fine
- Up to $2,000.00
Summary
Midland's zoning code splits home childcare into two tiers borrowed from Texas Human Resources Code § 42.002: a "Family Home," caring for up to six unrelated children (plus up to six more after school, 12 total), is a permitted use by right in every single-family and estate district, while a "Group Day-Care Home," seven or more children cared for at the operator's own residence, needs a discretionary Specific Use Designation before it can open in the same districts.
Child-Care: Family Home: Per Section 42.002 of the State of Texas Human Resource Code, as may be amended, "family home" means a home that provides regular care in the caretaker's own residence for not more than six children under 14 years of age, excluding children who are related to the caretaker, and that provides care after school hours for not more than six additional elementary school children, but the total number of children, including children who are related to the caretaker, does not exceed 12 at any given time. The term does not include a home that provides care exclusively for any number of children who are related to the caretaker. ... Child-Care: Group Day-Care Home: Per Section 42.002 of the State of Texas Human Resource Code, as may be amended, "group day-care home" means a child-care facility that provides care at the residence of the director, owner, or operator of the child-care facility for seven or more children under 14 years of age for less than 24 hours a day, but at least two hours a day, three or more days a week.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 1 Update 2).
Full Breakdown
01 defines both terms by adopting the state licensing categories verbatim. A "Family Home" provides regular care in the caretaker's own residence for not more than six children under 14 who aren't related to the caretaker, plus up to six more elementary-age children after school hours, capped at 12 total children including the caretaker's own; a home caring exclusively for related children isn't covered at all. A "Group Day-Care Home" is a facility that cares for seven or more children under 14, also at the operator's residence, for at least two hours a day, three or more days a week.
03 treats the two very differently: Row 62, "Child-Care: Family Home," is marked "P," permitted by right, in the AE, CE, SF-1, SF-2 and SF-3 residential districts, meaning no zoning approval beyond a normal home-occupation footprint is required. 07. That process is legally a Zoning Map Amendment: it goes to the Planning and Zoning Commission and City Council for a rezoning-style public hearing, and the application must document projected traffic generation, off-street parking, proposed hours and occupant counts, and whether any state or federal license has already been obtained.
An approved SUD can run indefinitely or carry a term; a termed SUD is good for two years, renewable, and can be revoked by the City Manager for noncompliance on written notice with a right to appeal to City Council. 12, including its traffic and off-street-parking limits.
Violations & Fines
Operating a Group Day-Care Home without an approved SUD is a zoning violation, punishable under § 1-3-1's higher zoning tier: a fine of up to $2,000.00, versus the $500.00 ceiling for most other City Code offenses. The Planning Division Manager and Building Official enforce compliance, and a termed SUD found out of compliance can be terminated on ten days' written notice, appealable to City Council.
Frequently Asked Questions
Can I run a home daycare in Midland without a permit?
What's a Specific Use Designation and why does a larger daycare need one?
How many children can a family daycare in Midland legally watch?
Sources & Official References
Other rules in Midland
Texas rules heatmap·Compare Midland to another location·View the Texas home business overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.