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Valencia County, NM Home Business: Home Daycare (2026)

Significant Restrictions

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

Key Facts

Family day care business: 3 to 6 children at a time
Care limit: Not more than 24 hours per day
Permit needed: Conditional use, § 154.105(C)(3)
Also requires: Day care licenses, § 154.169(A)(1)
Review track: Type B application, § 154.076

Summary

A small in-home daycare in unincorporated Valencia County qualifies as a 'family day care business' under § 154.006 when it cares for 3 to 6 children at a time, and it is allowed on a residential parcel only as a conditional use tied to the standards for day care facilities in § 154.169.

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

FAMILY DAY CARE BUSINESS. An occupied dwelling in which a person(s) provides care, services, and supervision for at least 3 but not more than 6 children at any 1 time and for a period of not more than 24 hours of any day; or for any number of children from only 1 family other than the person's own family. ... (3) Kindergarten, day nursery, or day care facility in conjunction with a principal dwelling on the same parcel, subject to the standards for day care facilities set forth in § 154.169;

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Full Breakdown

006 draw a line between a small home-based operation and a larger center: a family day care business is an occupied dwelling where someone provides care, services and supervision for at least 3 but not more than 6 children at any one time, for no more than 24 hours a day, or for any number of children from a single family other than the provider's own. 169. that weighs the facility's compatibility with the surrounding residential area, usable on-site open space for the children served, and clearly defined property boundaries, all before the county will approve a home-based daycare on a residential lot.

Violations & Fines

Running a family day care business from a residential property in unincorporated Valencia County without the conditional-use approval required by § 154.105(C)(3), or without the licenses required by § 154.169(A)(1), violates Chapter 154. Under § 154.999, each day of an uncorrected violation is a separate petty misdemeanor punishable by a fine up to $300, up to 90 days in jail, or both, and the Department can issue a citation giving 30 days to remedy the violation before a court date.

Frequently Asked Questions

Can I run a small daycare out of my home in unincorporated Valencia County?

Yes, if it qualifies as a family day care business, defined in § 154.006 as caring for 3 to 6 children at a time for no more than 24 hours a day, and if you get the conditional-use approval § 154.105(C)(3) requires for a day care facility on a residential parcel.

Does a home daycare need a permit if I already have a home occupation permit?

Yes, a separate approval applies. Section 154.105(C)(3) lists day care in conjunction with a dwelling as its own conditional use, subject to the day care facility standards in § 154.169, reviewed through the same Type B process used for other conditional uses.

Do I need a state license to run a family day care business at home?

Yes. Section 154.169(A)(1) requires the facility to maintain all applicable licenses required by the appropriate agencies for the use described in the application before the county will approve it.

Sources & Official References

[1]Valencia County Code of Ordinances (amlegal)

Other rules in Valencia County

Fence Regulations: Height LimitsSome Restrictions Parking Rules: RV & Boat ParkingSome Restrictions Zoning & Home Occupation PermitsSignificant Restrictions Signage RulesSome Restrictions Customer Traffic RestrictionsSignificant Restrictions Noise Ordinances: Aircraft NoiseSome Restrictions Animal Ordinances: Veterinary Clinic ZoningFew Restrictions Building Safety: Childcare Center RulesSignificant Restrictions Historic Preservation: Historic-Cultural MonumentsSome Restrictions

All Valencia County rules

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