Sauk County, WI Home Business: Home Daycare (2026)
Key Facts
- Governing sections
- Sec. 7.011(28) definition; Sec. 7.051 standards
- 8 or fewer children
- permitted accessory use with land use permit
- 9 or more children
- conditional use, COM/RCOM districts only
- Outdoor play area
- boundaries must be defined by a fence
- Use limit
- must stay incidental to the residential use
Summary
Sauk County's zoning code treats a small home daycare as an accessory use rather than a licensed institution. Sec. 7.011(28) defines a child care center as a place or home caring for four or more children under seven, but requires an eight-or-fewer-child operation to independently meet the accessory-use definition, and Sec. 7.051 requires that same small daycare to stay incidental to the residence and to fence its outdoor play area.
(28)Child care center means a place or home which provides care for four or more children under the age of seven years old for less than 24 hours a day and is licensed or is exempt from licensing. A child-care center, eight or fewer people, must meet the definition of an accessory use. ... ... Sec. 7.051. - Child care center—Secondary standards.(1)Outdoor play areas. Play area boundaries shall be defined by the placement of a fence.(2)Incidental to residential use. Daycare centers, eight or fewer people, shall be incidental to a residential use.
Full Breakdown
Sauk County's use table in Sec. 7.026 splits child care by headcount rather than licensing status. A child care center for eight or fewer children is a permitted use, subject to a Zoning Administrator land use permit, in the single-family (SFR), multiple-family (MFR), rural community (RUC), exclusive agriculture (EA), agriculture (AG) and resource conservancy (RC) districts, and it must satisfy Sec. 7.051's secondary standards. A center for nine or more children steps up to a conditional use, and only in the commercial (COM) and recreation commercial (RCOM) districts, which requires approval by the Conservation, Planning, and Zoning Committee acting as the county's zoning agency before a permit issues.
The definitional hook that keeps a small home daycare out of the commercial-use track sits in Sec. 7.011(28): a child care center is defined broadly as a place or home caring for four or more children under age seven for less than 24 hours a day, licensed or exempt from licensing, but an eight-or-fewer operation must independently meet the ordinance's definition of an accessory use, meaning it stays subordinate and incidental to the residential use of the lot. Sec. 7.051 then adds two concrete conditions: any outdoor play area must have its boundaries defined by a fence, and a daycare of eight or fewer must remain incidental to the residential use of the property rather than becoming the primary use of the lot.
Violations & Fines
Running a home daycare that outgrows the accessory-use limit, or that becomes the primary use of the property instead of staying incidental to the residence, puts the operation outside Sec. 7.051 and the accessory-use definition in Sec. 7.011(4); the Zoning Administrator can require the operator to obtain the conditional use permit that applies to nine-or-more-child centers, or to fence an unbounded outdoor play area, before the land use permit remains valid.
Frequently Asked Questions
Can I run a daycare from my home in unincorporated Sauk County?
Do I need a different permit for a bigger daycare?
Does my home daycare need a fenced play area?
Sources & Official References
Other rules in Sauk County
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