Newton, MA Home Business: Home Daycare (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?
Does a Newton family child care home need site plan approval?
Is there a minimum lot size for a home day care in Newton?
Sources & Official References
Other rules in Newton
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Home Daycare in Nearby Cities
How other cities in this county handle home daycare.