Waltham, MA Home Business: Home Daycare (2026)
Key Facts
- State Law
- MGL c.28A preempts local zoning
- Family Daycare Cap
- 6 children max
- Large Family Cap
- 10 children with assistant
- Licensing Agency
- MA EEC
- Local Permit
- Fire inspection required
Summary
Waltham permits family daycare as a by-right use under MGL c.28A, with state EEC licensing required and local zoning compliance for home-based child care operations.
No zoning ordinance or bylaw in any city or town shall prohibit, or require a special permit for, the use of land or structures, or the expansion of existing structures, for the primary, accessory or incidental purpose of operating a child care facility; provided, however, that such land or structures may be subject to reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements. As used in this paragraph, the term ''child care facility'' shall mean a child care center or a school-aged child care program, as defined in section 1A of chapter 15D. Notwithstanding any general or special law to the contrary, local land use and health and safety laws, regulations,
Full Breakdown
Under Massachusetts General Laws Chapter 28A, family child care homes are treated as residential uses and cannot be excluded by local zoning. Waltham follows this state preemption: operators with up to 6 children (family child care) or up to 10 children (large family child care with assistant) may operate in any residential zone. Providers must hold an active license from the Massachusetts Department of Early Education and Care (EEC), maintain smoke and CO detectors, carry liability insurance, and pass background checks. Waltham Building Department may require a certificate of occupancy inspection, and the Fire Department performs safety inspections. Signage is limited to one non-illuminated nameplate per zoning bylaw.
Frequently Asked Questions
Do I need Waltham zoning approval?
What inspections apply?
Sources & Official References
Other rules in Waltham
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Home Daycare in Nearby Cities
How other cities in this county handle home daycare.