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Sauk County, WI Home Business: Home Daycare (2026)

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

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

(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?
Yes, for eight or fewer children. Sec. 7.026's use table lists it as a permitted accessory use in most residential and agricultural districts, subject to Sec. 7.051's fencing and incidental-use conditions and a Zoning Administrator land use permit.
Do I need a different permit for a bigger daycare?
Yes. Once a center serves nine or more children, Sec. 7.026's use table reclassifies it as a conditional use allowed only in the commercial and recreation commercial districts, requiring approval by the county's Conservation, Planning, and Zoning Committee.
Does my home daycare need a fenced play area?
Yes. Sec. 7.051(1) requires that any outdoor play area for the daycare have its boundaries defined by the placement of a fence, regardless of which zoning district the property sits in.

Sources & Official References

Other rules in Sauk County

All Sauk County rules

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