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Washington County, OR Home Business: Home Daycare (2026)

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

Key Facts

Max children
Fewer than 16, including provider's own
Applies in
AF-10, AF-5 and RR-5 Districts
Review type
Type II (Director decision, 14-day comment)
Required waiver
Waiver of right to remonstrate on farm practices
Licensing
State and DHHS licensing required
Governing section
CDC § 430-53.4

Summary

Home-based day care in Washington County's rural AF-10, AF-5 and RR-5 zoning districts is allowed as a Type II use under CDC § 430-53.4, capped at fewer than 16 children including the provider's own, and requires a recorded waiver acknowledging normal farm and forest activity nearby.

City-specific rules exist: Beaverton, and Hillsboro have their own home daycare rules that differ from Washington County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

Family Day Care Provider in the AF-10, AF-5 and RR-5 Districts: A day care (child care) provider who resides in the home and regularly provides day care (child care) in the provider's home in the family living quarters to fewer than 16 children, including children of the provider, regardless of full-time or part-time status. Family day care providers shall meet the following:A.All state licensing and Department of Health & Human Services requirements must be met and maintained;B.The requested use is compatible with the surrounding uses or can be made more compatible through conditions of approval; andC.The applicant has signed and recorded in the Department of Assessment & Taxation Recording Division, a waiver of the right to remonstrate against customarily accepted farming or forestry practices.

Source: Oregon ELD LicensingView official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Community Development Code: Supplement 2 | Code of Ordinances: Supplement 25).

Full Breakdown

Washington County treats a home day-care business differently depending on which rural district the home sits in. 4, a 'Family Day Care Provider' is someone who lives in the home and regularly cares for children in the family's living quarters, and the county limits that use to fewer than 16 children total, counting the provider's own kids, whether the arrangement is full-time or part-time. The standard applies by name in the AF-10, AF-5 and RR-5 Districts, the county's larger-lot rural residential and agriculture-and-forest zones; it is reviewed as a Type II land-use action, meaning the Director decides after a 14-day written comment period rather than through a full public hearing.

Three conditions apply: the provider must hold and keep current all state licensing and Department of Health & Human Services requirements for child care, the county must find the use compatible with surrounding uses, or make it compatible through conditions of approval, and, because these are farm and forest districts, the operator must sign and record a waiver of the right to remonstrate against 'customarily accepted farming or forestry practices' with the county's Department of Assessment & Taxation. That waiver means a family day care provider cannot later complain about noise, dust, spraying or other normal agricultural activity from neighboring farms.

1, which imposes its own setbacks, lot-coverage and lot-size requirements. This home day-care rule covers only unincorporated county land; Hillsboro and Beaverton apply their own home-occupation and day-care standards inside city limits.

Violations & Fines

Running a home day care in the AF-10, AF-5 or RR-5 Districts without the Type II approval, current state licensing, or the recorded farm-practices waiver violates CDC § 215-1's bar on development that conflicts with the Development Code. The county can deny or condition a permit over an unresolved violation under § 215-2, and confirmed violations are prosecuted under Washington County Code Chapter 1.14 (§ 215-3) through a citation before a hearings officer or the county's courts.

Frequently Asked Questions

How many kids can I watch in a Washington County home day care?
CDC § 430-53.4 caps a family day care provider in the AF-10, AF-5 or RR-5 Districts at fewer than 16 children total, including the provider's own kids, regardless of whether the arrangement is full-time or part-time.
Do I need a hearing to open a home day care in a rural district?
No. A family day care provider in these three districts is reviewed as a Type II action, decided by the county Director after a 14-day written comment period, not a public hearing. You still need to meet all state and county DHHS licensing requirements.
Why do I have to sign a farm-practices waiver?
Because a home day care in the AF-10, AF-5 or RR-5 Districts sits in a farm-and-forest zone, CDC § 430-53.4.C requires the operator to record a waiver of the right to remonstrate against customarily accepted farming or forestry practices, so the provider cannot later object to normal agricultural noise, dust or spraying next door.

Sources & Official References

Other rules in Washington County

All Washington County rules

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