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

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

Key Facts

By-right cap
6 children (all residential districts)
Conditional-use tier
7-12 children, needs CUP
State licensing
Tex. Admin. Code Title 40, Part 19
Parking required
2 spaces per dwelling unit
Max fine
$2,000 per offense/day

Summary

A Sugar Land homeowner can run a licensed child care home caring for up to six children by right in every residential district. Care for seven to twelve children is allowed only with an approved Conditional Use Permit, and both tiers require state licensing under Texas Administrative Code Title 40, Part 19.

Child Care Home (≤6 Children) ... 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. Child Care Home (≥7 Children) ... 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.

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

1 of the Land Development Code splits home-based child care into two use categories with different zoning treatment across every residential district (R-1E, R-1, R-1R, R-1Z, R-2, R-3, R-4). " Once the count rises to seven through twelve children, the use becomes "Child Care Home (≥7 Children)" and shifts to a Conditional Use (C) in every one of the same seven districts, requiring an approved Conditional Use Permit from the City before operation. The table sets parking at 2 spaces per dwelling unit for both tiers.

Both categories require the operator to hold the applicable state child care license under Texas Administrative Code Title 40, Part 19, meaning the City's zoning permission is layered on top of, not a substitute for, state licensing. A home care operation exceeding 12 children at one time falls outside both home-based categories entirely and is instead classified under the separate "Child Care Facility, Daycare" use (a nonresidential-scale conditional use requiring 1 parking space per 300 square feet), which cannot be sited in a residential dwelling under this table.

Violations & Fines

Operating a 7-to-12-child home daycare without first securing the City's Conditional Use Permit, or operating any unlicensed child care home in violation of the district table, is a zoning violation under LDC Sec. 2-4: fines up to $2,000 per offense, with each day of continued operation treated as a separate offense.

Frequently Asked Questions

Do I need a City permit to run a small home daycare in Sugar Land?
Not if you care for six or fewer children at a time; that tier is a permitted use by right in every residential zoning district under Table 2-71.1. You still need the state child care license required by Texas Administrative Code Title 40, Part 19.
What if I want to care for more than six children?
Caring for seven to twelve children reclassifies the use as "Child Care Home (≥7 Children)," which requires an approved Conditional Use Permit from the City in addition to your state license, even though it remains allowed in every residential district.
Can I run a daycare for more than 12 children out of my house?
No. Above 12 children the use falls under the separate "Child Care Facility, Daycare" category, which is scaled and parked like a nonresidential facility and is not available in a residential dwelling under this table.

Sources & Official References

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