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Queen Anne's County, MD Home Business: Home Daycare (2026)

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

AG District status
Family day care permitted, § 18:1-14B(12)
Family day-care center cap
No more than eight children or adults, relatives included
Group day-care center
Nine or more; conditional use in AG, CS, E, SE, SR, UR
Group standards
State requirements, off-street parking and loading, adequate street capacity
Civil fine
Preset fine not to exceed $500, each day separate
Enforcing office
Planning Director, Department of Planning and Zoning

Summary

In unincorporated Queen Anne's County, family day care is a permitted use in the Agricultural District under § 18:1-14B(12), and a family day-care center is a permitted use in the Countryside, Estate, Suburban Estate, Suburban Residential, Neighborhood Conservation and Urban Residential Districts. The glossary caps a family day-care center at eight children or adults, relatives of the provider included.

These county ordinances apply to unincorporated areas of Queen Anne's County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

B. Permitted uses. ... (12) Family day care. (13) Farm employee dwelling as per § 18:1-55 of this Chapter 18:1. (14) Farmers market. (15) Home occupations.

Full Breakdown

Family day care is a use the County Commissioners allow by right in the Agricultural (AG) District. Section 18:1-14B lists it as item (12) among the permitted uses, ahead of farm employee dwellings, farmers markets and home occupations. The permitted-use lists for the Countryside (CS, § 18:1-15), Estate (E, § 18:1-16), Suburban Estate (SE, § 18:1-17), Suburban Residential (SR, § 18:1-18), Neighborhood Conservation (NC, § 18:1-19) and Urban Residential (UR, § 18:1-20) Districts each carry a family day-care center, so a provider in unincorporated Queen Anne's County does not need conditional use approval in any of them.

The size line comes from the glossary in Chapter 18App. A day-care center is a building that provides day care for children or adults on a regular basis. A family day-care center is one that, including any relatives of the care provider, cares for no more than eight children or adults. A group day-care center cares for nine or more.

The distinction matters because a group day-care center is a conditional use in the AG, CS, E, SE, SR and UR Districts. Section 18:1-95I attaches three standards: meet all state requirements for day-care and/or child-care facilities, provide off-street parking and loading areas, and be located on streets that have adequate capacity to accommodate the volume of traffic generated by the proposed use. Any conditional use approval also needs findings under § 18:1-123B that the conditions in the chapter exist, that the use conforms to the Comprehensive Plan, and that it is compatible with the existing neighborhood.

Family day care sits on its own line, apart from home occupations, which carry their own zoning certificate requirement under § 18:1-56. Section 18:1-13G adds that a permitted use is not permitted on every parcel unless it can be located in full compliance with the density and dimensional requirements of Chapter 18 that apply to the use and parcel.

Violations & Fines

Running a use the district does not permit is a civil zoning violation under § 18:1-212: a preset fine not to exceed $500, with each day a separate violation, and an additional fine equal to twice the original if the citation is not paid on time. Operating a group day-care center without the required conditional use permit is listed at the same $500 level. The Planning Director enforces under § 18:1-208, and the County can also go to court to restrain or abate the use under § 18:1-210.

Frequently Asked Questions

How many children can a family day-care center have in unincorporated Queen Anne's County?
The glossary defines a family day-care center as a day-care center that, including any relatives of the care provider, cares for no more than eight children or adults. A day-care center that cares for nine or more is a group day-care center, which is a different use with a different approval path.
Does a group day-care center need a conditional use approval?
In the AG, CS, E, SE, SR and UR Districts, yes. It is listed as a conditional use, must meet the § 18:1-95I standards on state requirements, parking and loading, and street capacity, and needs findings under § 18:1-123B, including compatibility with the existing neighborhood and conformity with the Comprehensive Plan.
Is family day care allowed in the Neighborhood Conservation District?
Yes. A family day-care center appears on the permitted-use list of the Neighborhood Conservation (NC) District in § 18:1-19. It is also permitted in the CS, E, SE, SR and UR Districts, and family day care is item (12) of the AG District permitted uses in § 18:1-14B.
Is family day care treated as a home occupation?
The code lists them separately. In the AG District, family day care is item (12) and home occupations are item (15) of § 18:1-14B. Home occupations carry their own standards and a zoning certificate under § 18:1-56, while family day care is defined by its eight-person cap in the glossary.
What happens if I operate where day care is not permitted?
A use prohibited by Chapter 18:1 is a civil zoning violation under § 18:1-212 with a preset fine not to exceed $500, and each day counts separately. A person who does not pay on time owes an additional fine equal to twice the original. The Planning Director can also seek an order to abate the use.

Sources & Official References

Other rules in Queen Anne's County

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