Nashua, NH Home Business: Home Daycare (2026)
Key Facts
- Status
- By-right accessory use in dwellings
- Governing code
- He-C 4002 (state licensing rule)
- State law tie-in
- RSA 170-E applies
- Zoning approval needed
- None, if licensed
Summary
Nashua allows child day-care in a home as a by-right accessory use if state Health and Human Services licensing rules are met, per Land Use Code § 190-36.
Child day-care facilities located within a dwelling unit are permitted by right as an accessory use to the primary residential use, provided all requirements for such programs adopted in rule of the Department of Health and Human Services (He-C 4002) are met.
C. Child day-care facilities accessory to a principal nonresidential use are subject to the following standards and requirements:
(1) Where the child day-care facility is located in a separate building more than 500 feet from the building in which the principal nonresidential use is located parking shall be provided in addition to the parking required for the principal nonresidential use; and
(2) Outdoor activity areas for child day-care facilities shall be enclosed by fences. Where the facility is located within or adjacent to a residential district, the outdoor activity area shall be enclosed by a solid fence made of wood or other suitable material not less than six feet in height which shall be erected and maintained in good condition around the outdoor activity area.
D. Outdoor play for any child day-care facility located within any residential district is restricted to the hours of 9:00 a.m. to 6:00 p.m.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4805762; v29 updated 2026-02-10; through 02-10-2026).
Full Breakdown
Under Nashua's Land Use Code, child day-care facilities located within a dwelling unit are permitted by right as an accessory use to the primary residential use, provided all requirements adopted in the state Department of Health and Human Services rule He-C 4002 are met. The section also requires every child day-care facility, including home-based ones, to comply with RSA 170-E (Child Day Care, Residential Care, and Child-Placing Agencies). No separate Zoning Board approval is needed for the home-based use itself, but outdoor play areas tied to nonresidential or principal-use facilities carry fencing and hours limits under the same section.
Violations & Fines
Operating without meeting He-C 4002 licensing requirements or RSA 170-E can bring state Health and Human Services enforcement action, including denial or revocation of the child care license; zoning-side noncompliance is enforced by the City's Code Enforcement Department under the Land Use Code's general violation provisions.
Frequently Asked Questions
Do I need a special zoning permit to run a home day care in Nashua?
Does state law still apply to a Nashua home day care?
Sources & Official References
Other rules in Nashua
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