Minnesota Statutes sections 245A.14 and 462.357 require cities to treat licensed family child care homes as a permitted residential use, preempting restrictive zoning. DHS licenses providers statewide under Chapter 245A and Rules 9502 and 9503.
Minn. Stat. 462.357 subd. 8 states a licensed residential family day care serving 12 or fewer children is a permitted single-family residential use for zoning purposes. Cities cannot impose conditional-use permits, special licensing, or density spacing on licensed family child care that they would not impose on similar residences. Providers must hold a license from the Department of Human Services under Chapter 245A, complying with Minnesota Rules 9502 (family) or 9503 (group) covering capacity, supervision, training, and safety. Group family child care up to 14 children also receives permitted-use protection in residential zones.
Operating without a DHS license is a misdemeanor under 245A.04, with civil penalties, license revocation, and orders prohibiting child care.
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