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Sugar Land, TX Home Business: Home Daycare (2026)

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

Key Facts

6 children or fewer
Permitted by right (P) in all seven residential districts
7 to 12 children
Conditional Use Permit (C) in all seven residential districts
Maximum home size
12 children at one time, including the provider's own
Licensing standard
Texas Administrative Code, Title 40, Part 19
Parking entry
2: Dwelling Unit, no supplemental note
CUP notice radius
Owners within 200 feet of the property
Penalty
Fine up to $2,000.00 per offense, each day separate

Summary

Sugar Land allows a state-licensed child care home with no more than 6 children by right in all seven residential zoning districts, R-1E through R-4. A home caring for 7 to 12 children needs a Conditional Use Permit approved by City Council in every one of those districts. Table 2-71.1 of the Land Development Code sets both rules.

Table 2-71.1: Permitted Uses and Parking Schedule for Residential Zoning Districts ... P = Permitted Use C = Conditional Use An = Ancillary Use Blank Box = Prohibited Use ... Land Use R-1E R-1 R-1R R-1Z R-2 R-3 R-4 Definition Parking Notes ... Child Care Home (≤6 Children) P P P P P P P A dwelling where state licensed care, protection, and supervision are provided, for a fee, at least twice a week to no more than six (6) children at one time, including children of the adult provider, for less than twenty-four (24) hours per day, and in accordance with the requirements of Texas Administrative Code, Title 40, Part 19. 2: Dwelling Unit ... Child Care Home (≥7 Children) C C C C C C C A dwelling where state licensed care, protection, and supervision are provided, for a fee, at least twice a week to no more than twelve (12) children at one time, including children of the adult provider, for less than twenty-four (24) hours per day, and in accordance with the requirements of Texas Administrative Code, Title 40, Part 19. 2: Dwelling Unit

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Land Development Code: Supplement 14 | Code of Ordinances: Supplement 55).

Full Breakdown

Section 2-71 of Sugar Land's Land Development Code holds Table 2-71.1, the Permitted Uses and Parking Schedule for Residential Zoning Districts, and it sorts home child care into two uses by headcount. A Child Care Home (≤6 Children) shows a P in all seven columns: R-1E, R-1, R-1R, R-1Z, R-2, R-3 and R-4. Under Section 2-55, P designates a use permitted by right in the district indicated. A Child Care Home (≥7 Children) shows a C in the same seven columns, which Section 2-55 defines as a use allowed only through an approved conditional use permit.

Both rows share one definition: a dwelling where state licensed care, protection, and supervision are provided, for a fee, at least twice a week, for less than twenty-four hours per day, under Texas Administrative Code, Title 40, Part 19. The larger tier tops out at twelve children at one time. The count includes the children of the adult provider, so the provider's own kids use up part of the six-child or twelve-child allowance. Each row lists parking as 2: Dwelling Unit and leaves the Notes column blank, so no numbered supplemental regulation attaches to either one.

A conditional use permit under Sections 2-19 through 2-27 is a site-specific review. The Commission holds a public hearing after notice is published before the 15th day ahead of it, with notice given to owners of premises within 200 feet. It recommends approval or denial to City Council, which holds its own hearing. The affirmative vote of at least ¾ of all Council members is required to overrule a recommendation of denial or to approve over a signed protest petition from adjoining landowners. Council approves the permit by ordinance, can attach reasonable conditions, weighs traffic, noise, compatibility and land use intensity under Section 2-22, and the permit runs with the land.

The same split appears for the Hill Area Residential District (HR-1) in Table 2-157.1 and for the Lake Pointe Redevelopment District in Table 2-123.1: six or fewer children is P, seven or more is C. Section 2-194, the old home occupation section, was deleted by Ord. No. 2149 on February 19, 2019. Section 2-71 was last amended by Ord. No. 2339 on 6-6-24.

Violations & Fines

Running a child care home in a residential district outside what Table 2-71.1 allows, such as caring for seven or more children without a conditional use permit, violates Section 2-4(B)(1), which makes it unlawful to use any premises for a purpose other than what the zoning district permits. Section 2-4(C) sets a fine not to exceed $2,000.00 for each offense, and each day a violation occurs is a separate offense. City Council can revoke a CUP if any of its terms are violated, using the same notices and hearings as the original grant.

Frequently Asked Questions

Do I need a zoning hearing to run a home daycare for six or fewer children in Sugar Land?
No hearing is required. Table 2-71.1 marks a Child Care Home (≤6 Children) with a P in R-1E, R-1, R-1R, R-1Z, R-2, R-3 and R-4, and Section 2-55 defines P as permitted by right. The definition still requires state licensed care under Texas Administrative Code, Title 40, Part 19, so the state license is the gate for a home this size.
Do my own children count toward the Sugar Land child care home limit?
Yes. Both definitions in Table 2-71.1 count the children at one time, including the children of the adult provider. A provider's own kids count toward the six-child limit for the by-right tier and toward the twelve-child maximum for the conditional tier, which puts a household into the permit tier sooner than many providers expect.
What do I need to care for seven to twelve children at home in Sugar Land?
A Conditional Use Permit. Table 2-71.1 shows a C for a Child Care Home (≥7 Children) in every residential district. The Commission holds a public hearing, with notice to owners within 200 feet, then recommends approval or denial to City Council. Council decides by ordinance and can attach reasonable conditions, which are specified in the approving ordinance.
Can I reapply if my Sugar Land conditional use permit is denied?
Not right away. Under Section 2-21, an application denied by Council, or withdrawn after the Commission recommends denial, cannot be filed again within 6 months of the Commission recommendation or Council denial unless the City Council consents. If the Commission recommends denial, the applicant must also file a written request with the Director within 30 days to get the matter to Council.
Do the same child care home rules apply in the HR-1 and Lake Pointe districts?
Yes. Table 2-157.1 for the Hill Area Residential District (HR-1) and Table 2-123.1 for the Lake Pointe Redevelopment District both list a Child Care Home (≤6 Children) as P and a Child Care Home (≥7 Children) as C, with the same definition and the same 2: Dwelling Unit parking entry.

Sources & Official References

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