Plymouth County, MA Home Business: Home Daycare (2026)
Key Facts
- Zoning
- Protected use, no town ban
- Statute
- MGL c.40A §3
- Licensor
- Dept. of Early Education and Care
- Family license
- Up to 6 children
- With assistant
- Up to 10 children
Summary
State law protects home child care across Plymouth County. A family child care home is an allowable use no town may prohibit or zone out, but the provider must hold an Early Education and Care license covering up to 10 children.
Family child care home and large family child care home as defined in section 1A of chapter 15D shall be an allowable use and no city or town shall prohibit or regulate such use in its zoning ordinances or by-laws.
Full Breakdown
Two rules govern home daycare, and neither is a county rule. First, the Zoning Act, MGL c.40A §3, makes a family child care home a protected use that no city or town may bar through zoning, so no town in Plymouth County can require a special permit merely to run one. Second, the provider must be licensed by the Department of Early Education and Care under MGL c.15D: a family child care license covers up to six children, or up to ten with an approved assistant and age limits. Licensing brings background checks, home safety inspection, and training requirements.
Violations & Fines
Caring for children for pay without an EEC license is unlawful; the Department can issue cease-and-desist orders, fines, and refer the matter for prosecution, independent of any town action.
Frequently Asked Questions
Can my town zone out a home daycare?
Do I still need a license?
Sources & Official References
Other rules in Plymouth County
Compare Plymouth County to another location·View the Massachusetts home business overview
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