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Saint Paul, MN Home Business: Home Daycare (2026)

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

Key Facts

Family day care cap
10 children at one time, county-licensed
Group family day care cap
14 children, no more than 10 school-age
Play area fencing
3½ feet minimum, front yard or street-adjacent
Licensing authority
County, not the City of Saint Paul
Zoning permit
None required for home-based family day care

Summary

Saint Paul lets a county-licensed family day care operate in an ordinary home without a conditional use permit. City Zoning Code Sec. 65.222 caps family day care at ten children and group family day care at fourteen, distinguishing home-based care from stand-alone child care centers, which face separate siting restrictions in RL-H1 residential districts and must occupy a former church, school or community building instead.

(1)Family day care. A day care program providing care for not more than ten (10) children at one (1) time, and which is licensed by the county as a family day care home. The licensed capacity must include all children of any caregiver when the children are present in the residence.(2)Group family day care. A day care program providing care for no more than fourteen (14) children at any one (1) time of which no more than ten (10) are under school age and which is licensed by the county as a group family day care home. The licensed capacity must include all children of any caregiver when the children are present in the residence....(b)A fence at least three and one-half (3½) feet in height shall surround all play areas located in a front yard or adjacent to a public or private street.

Source: MN Family Child Care and Group Family Child Care License (Rule 2)View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 133 Update 1).

Full Breakdown

Saint Paul's zoning code treats family day care as a residential use, not a commercial one, so long as the operator holds the required county license. Sec. 222 defines family day care as care for up to ten children at one time, licensed by the county as a family day care home; the ten-child cap counts every child of any caregiver present in the residence, including the provider's own kids. A larger tier, group family day care, allows up to fourteen children at once provided no more than ten are of school age, again licensed by the county as a group family day care home.

Neither tier is singled out for the site restrictions the code applies to child care centers: under standard (a), only a full child care center located in an RL-H1 residential district must occupy a nonresidential structure previously used by a church, school or community center, language that does not reach a licensed home-based family or group family day care operating out of a house. The one physical standard that does reach a home day care is the fencing rule in standard (b): any play area located in a front yard or adjacent to a public or private street must be enclosed by a fence at least three and one-half feet tall.

Beyond the county license and that fence requirement, the code imposes no separate city day care permit, hours-of-operation limit, or parking standard on a residential-scale family day care home, leaving licensing and inspection oversight to the county's child care licensing division rather than the city's Department of Safety and Inspections.

Violations & Fines

Operating an unlicensed day care, or exceeding the ten-child (family) or fourteen-child (group family, ten school-age max) capacity limits set by the county license, exposes a provider to county licensing action and can trigger a city zoning enforcement complaint for exceeding the permitted residential use. A front-yard or street-adjacent play area without the required 3½-foot fence is a zoning code violation subject to a correction order from the Department of Safety and Inspections.

Frequently Asked Questions

Does a Saint Paul home daycare need a conditional use permit?
No. Sec. 65.222 does not impose the child-care-center siting standard on a licensed family or group family day care home; that restriction to nonresidential structures in RL-H1 districts applies only to stand-alone child care centers. A residence operating as a licensed family or group family day care needs the county license but no separate city zoning permit.
How many children can a Saint Paul family day care home watch?
Up to ten children at one time under a family day care license, or up to fourteen under a group family day care license as long as no more than ten of them are school age. Both caps count every child belonging to any caregiver present in the home.
Does a home daycare's outdoor play area need a fence?
Yes, if it sits in the front yard or next to a public or private street. Sec. 65.222(b) requires a fence at least three and one-half feet tall around any such play area; play areas in a side or rear yard away from the street are not subject to this specific rule.

Sources & Official References

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