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New Braunfels, TX Home Business: Home Daycare (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Max children (incl. caretaker's own)
12 total
Max under age 14 (non-family)
6 children
After-school siblings allowed
up to 6 more
Zoning status
permitted by right, residential districts
Outside employment at facility
not allowed

Summary

New Braunfels zoning lets you run a licensed family home child care out of your house by right in every residential district, capped at 12 children total.

Family home (child care in place of residence) means a facility that regularly provides care in the caretaker's own residence for not more than six children under 14 years of age, excluding the caretaker's own children, and that provides care after school hours for not more than six additional elementary school siblings of the other children given care. However, the number of children, including the caretaker's own, provided care at such facility shall not exceed 12 at any given time. No outside employment is allowed at the facility. This facility shall conform to V.T.C.A., Human Resources Code ch. 42, as amended, and in accordance with such standards as may be promulgated by the Texas Department of Human Resources.

FCC shall mean the Federal Communications Commission.

Fence means a tangible enclosure or barrier generally erected to provide a boundary or separation of properties.

Floodplain means an area of land that is subject to a one-percent or greater chance of flooding in any given year, based on developed conditions existing as of the date a development application is accepted for filing, and not based on projected or anticipated future build-out for a watershed.

Food or grocery store means a store having 10,000 square feet or more of floor area devoted principally to the sale of food and household goods which usually includes a bakery and meat market.

Frontage means the lineal distance measured along all abutting street rights-of-way.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 36).

Full Breakdown

The zoning code defines a "family home (child care in place of residence)" as care given in the caretaker's own home for up to six children under 14, plus up to six more school-age siblings after school, with a hard cap of 12 children total including the caretaker's own. No outside employment at the facility is allowed, and the operation must meet Texas Human Resources Code ch. 42 state licensing standards. The land use tables list "Family home child care" as a use permitted by right (no rezoning or special use permit needed) in R-1 and every other residential zoning district in the city.

Violations & Fines

Exceeding the 12-child cap or operating without the required state Human Resources Code ch. 42 license/registration is a zoning violation; general chapter penalty is a misdemeanor fine up to $2,000, with each day a separate offense.

Frequently Asked Questions

Do I need a zoning permit to run a home daycare in New Braunfels?
No rezoning or special use permit is needed: family home child care is a use permitted by right in R-1 and other residential districts under the zoning code.
How many kids can I legally watch at my New Braunfels home daycare?
Up to six children under 14 (not counting your own), plus up to six more school-age siblings after school, but never more than 12 children total including your own.

Sources & Official References

Other rules in New Braunfels

All New Braunfels rules

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