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Newton, MA Home Business: Home Daycare (2026)

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

Key Facts

Family Child Care Home cap
Up to 6 children at a time
Large Family Child Care Home cap
Up to 10 children at a time
Minimum lot size
5,000 square feet (Sec. 6.3.4(B)(2))
State license required
M.G.L. Chapter 15D, Section 1A
No site plan review required
Unlike stand-alone day care centers
General zoning fine
Up to $300 per day (Sec. 7.9.2)

Summary

Newton's zoning code lets a home operator care for up to 6 children as a Family Child Care Home, or up to 10 as a Large Family Child Care Home, provided the license comes from the state under M.G.L. Chapter 15D, Section 1A and the lot is at least 5,000 square feet, well under the heavier site-plan review that larger day care centers face.

1. Family Child Care Home. As defined and licensed under M.G.L. Chapter 15D, Section 1A, a private residence which on a regular basis receives for temporary custody and care not more than 6 children at a time. 2. Large Family Child Care Home. As defined and licensed under M.G.L. Chapter 15D, Section 1A, a private residence which on a regular basis receives for temporary custody and care up to and including 10 children at a time. ... 2. Family Child Care Homes, Large Family Child Care Homes. Minimum lot size shall be 5,000 square feet.

Full Breakdown

Sec. L. Chapter 15D, Section 1A, regularly receives up to 6 children at a time for temporary custody and care. ' Both are treated as home-based uses rather than institutional day care centers, and Sec. ' Because the purpose clause in Sec. 1 states the ordinance is meant to accommodate child care needs of the general public and to distinguish family child care homes from day care centers which are more intensely used, family and large family child care homes are not required to go through the Administrative Site Plan Review, the outdoor-play vegetative buffer, or the per-child drop-off parking standards that Sec.

3 imposes on stand-alone day care centers. An operator still needs the underlying state child care license from the Office for Child Care Services before the home use is lawful, and the Commissioner of Inspectional Services enforces the 5,000-square-foot lot minimum as part of any building permit or occupancy review for the property.

Violations & Fines

Operating a Family or Large Family Child Care Home on a lot under 5,000 square feet, or without the underlying M.G.L. Chapter 15D license, is a zoning violation. Chapter 30's general enforcement provision, Sec. 7.9.2, sets a fine of not more than $300 for each day the violation continues, and the Commissioner of Inspectional Services may act on a written complaint or on his or her own initiative.

Frequently Asked Questions

How many children can a Newton home day care legally watch?
Under Sec. 6.3.4.A, a Family Child Care Home licensed under M.G.L. Chapter 15D, Section 1A can regularly receive up to 6 children at a time. A Large Family Child Care Home, licensed under the same statute, can take up to and including 10 children at a time before the use is reclassified as a Day Care Center.
Does a Newton family child care home need site plan approval?
No. Sec. 6.3.4.B.1 distinguishes family child care homes from the more intensely used day care centers, and only day care centers not accessory to a religious or educational institution go through Administrative Site Plan Review under Sec. 7.5. A family or large family child care home just needs to sit on a lot of at least 5,000 square feet.
Is there a minimum lot size for a home day care in Newton?
Yes. Sec. 6.3.4.B.2 sets a flat rule: 'Minimum lot size shall be 5,000 square feet' for Family Child Care Homes and Large Family Child Care Homes. That is the only zoning-specific dimensional standard the ordinance applies to this home-based use.

Sources & Official References

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