Massachusetts preempts local zoning of family child care for up to six children under MGL c.28A and c.40A §3, requiring state EEC licensing and treating licensed homes as residential use by right.
Under MGL c.40A §3 (the Dover Amendment), family child care homes licensed by the Department of Early Education and Care are deemed a permitted residential use by right and cannot be excluded by local zoning. Licensing is governed by 606 CMR 7.00 and MGL c.15D. Providers caring for up to six children plus two school-age children must obtain an EEC license, complete background checks, training, and meet health and safety standards uniformly across the Commonwealth.
Operating without an EEC license can result in cease-and-desist orders, fines up to $1,000 per day under MGL c.15D §8, and criminal penalties for repeated violations.
See how North Plymouth's home daycare rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.