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Sumner County, TN Home Business: Home Daycare (2026)

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

Key Facts

By-right limit
4 or fewer children, no state license needed
Special exception band
5 to 12 children in the home
Approval body above 4 children
Sumner County Board of Zoning Appeals
Enforcing office
Director of Building & Codes
Max criminal fine
$50 per offense, each day separate
Geographic reach
Unincorporated Sumner County only

Summary

In unincorporated Sumner County, a private home may care for up to four children without a state child-care license or any zoning review, permitted outright as an accessory residential use. Once a home cares for five to twelve children it becomes a Family/Group Child Care Home and needs a Board of Zoning Appeals special exception before it can operate.

City-specific rules exist: Hendersonville has its own home daycare rules that differ from Sumner County's county-level regulations. If you live in Hendersonville, check the city-specific page instead.

Private residential homes that provide childcare for four (4) or

less children and requires no licensure from the State of

Tennessee.

j. Child Care Centers accessory to legally established

Community Assembly Uses by special exception, subject to

provisions Chapter 11 and Chapter 14 and to any applicable

state requirements.

25

k. Operation of a playfield or other recreational facility including but not limited to clubhouses, pools and tennis courts for employees, members, residents, patrons or others participating in the principal activity on the same zone lot.

B. Special Exceptions Special exceptions permitted for consideration by the Board of Zoning Appeals are listed in the Land Use Activity Table in Appendix B.

C. Prohibited Uses Any use or structure not specifically permitted by right or special exception as presented in the Land Use Activity Table in Appendix B is prohibited.

The use of a mobile home or similar structure as an office, storage space, retail space, or in any other nonresidential manner is expressly prohibited unless permitted as a temporary use in Chapter 11. The County Board of

Full Breakdown

" These standards are conditions the Board of Zoning Appeals attaches when it grants the special exception under Section 1411. Because this is a county zoning resolution, it reaches only unincorporated Sumner County; homes inside Gallatin, Hendersonville, Portland or White House fall under each city's own zoning code instead.

Violations & Fines

The Director of Building & Codes, appointed by the County Mayor and confirmed by the County Commission, administers and enforces the Zoning Resolution and may inspect premises to verify compliance. Under Section 1413(D), operating a child care home without a required special exception is a misdemeanor punishable by up to a $50 monetary penalty per offense, and each day the unpermitted use continues is a separate offense. Section 1413(E) also authorizes civil remedies, including injunction, mandamus or abatement actions, that the county or an affected neighboring property owner may pursue in addition to criminal penalties.

Frequently Asked Questions

How many kids can I watch at home in unincorporated Sumner County without a permit?
Up to four children. Section 403(A)(2)(i) of the Zoning Resolution lists "private residential homes that provide childcare for four (4) or less children and requires no licensure from the State of Tennessee" as a permitted accessory use in every residential zoning district, with no Board of Zoning Appeals review needed.
What if I want to care for more than four children?
You need a special exception from the Board of Zoning Appeals under Section 1411(F)(8)(a). The board applies the district's lot, yard and bulk rules, requires state-compliant wastewater disposal, and requires site access arranged so vehicles never back into the street. The definition caps a Family/Group Child Care Home at twelve children.
Does this rule apply inside Gallatin or Hendersonville?
No. Sumner County's Zoning Resolution governs only the unincorporated county. Gallatin, Hendersonville, Portland and White House each administer their own municipal zoning codes, so a home daycare inside those city limits is regulated under that city's code, not the county resolution.
What happens if I run an unpermitted daycare in the county?
The Director of Building & Codes can cite the violation as a misdemeanor under Section 1413(D), carrying a penalty of up to $50 per offense with each day of continued operation counted separately. The county or a neighboring property owner can also seek injunction or abatement in civil court under Section 1413(E).

Sources & Official References

Other rules in Sumner County

All Sumner County rules

Compare Sumner County to another location·View the Tennessee home business overview

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