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Portland, ME Home Business: Home Daycare (2026)

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

Key Facts

Max children
12
Floor area limit for daycare
None: exempt
Outdoor space
Allowed for state licensing needs
Other home-occupation rules
Still apply (2-employee cap, hours, etc.)

Summary

A licensed family childcare provider gets two carve-outs other Portland home businesses don't: Land Use Code Section 6.6.2(E) exempts it from the floor-area limit that applies to other accessory uses and lets it use outdoor space needed for state licensing, but caps enrollment at 12 children.

This does not apply to the home occupation of licensed family childcare provider, which may include outdoor space needed to meet state licensing requirements. ... 12. A family childcare provider as a home occupation shall not be subject to floor area limitations for an accessory use, but shall be limited to the care of not more than 12 children.

View official code

Official source re-checked September 7, 2026: the cited page had not changed since it was quoted.

Full Breakdown

window for clients and visitors. Only the floor-area cap and the indoors-only rule are relaxed, and only because outdoor play space is what a state childcare license requires. These standards took effect with the Land Use Code on July 1, 2026.

Violations & Fines

A home daycare that exceeds the 12-child cap, or that otherwise breaches a Section 6.6.2(E) standard that still applies to it, is a Land Use Code violation under Section 1.5.2, enforced by the Building Authority or a City Code Enforcement Officer. The general penalty under Code of Ordinances Section 1-15 applies: a fine of $100 to $500 per offense, each day of continuing violation a separate offense.

Frequently Asked Questions

How many children can a home daycare in Portland care for?
Up to 12 children. Section 6.6.2(E)(12) exempts a licensed family childcare provider operating as a home occupation from the floor-area limits that apply to other accessory uses, but caps enrollment at 12 children.
Can a home daycare use outdoor space in Portland?
Yes. Section 6.6.2(E)(3) carves out an exception letting a licensed family childcare provider include outdoor space needed to meet state licensing requirements, while every other home occupation must be conducted entirely inside the building.
Do the other home-occupation rules still apply to a home daycare?
Yes: the employee cap, noise limits, client-visit hours, and other Section 6.6.2(E) standards still apply to a licensed family childcare home occupation; only the floor-area limitation and the indoor-only requirement are relaxed for it.

Sources & Official References

Other rules in Portland

Fence Regulations: Height LimitsSome RestrictionsZoning & Home Occupation PermitsSome RestrictionsSignage RulesSome RestrictionsCustomer Traffic RestrictionsSome RestrictionsNoise Ordinances: Decibel LimitsSome RestrictionsParking Rules: Towing & Impound RightsSignificant RestrictionsParking Rules: Driveway RulesSignificant RestrictionsFence Regulations: Fence Permit RequirementsSome RestrictionsAnimal Ordinances: Veterinary Clinic ZoningSome Restrictions

All Portland rules

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