Wicomico County, MD Home Business: Home Daycare (2026)
Key Facts
- Family day care
- Permitted use, R-30 District, one-acre minimum lot
- Day-care center
- Special exception only, R-20 District, five-acre minimum
- Setbacks
- 50 feet for buildings and play areas
- Buffer requirement
- Landscaping or fencing around the play area
- Zoning fine
- Up to $500 per violation, per day
- Approving body
- Board of Appeals grants the special exception
Summary
In unincorporated Wicomico County, family day care is a permitted use on any R-30 Residential District lot of at least one acre under Zoning Code § 225-82. Day-care centers, as opposed to home-based family day care, need a special exception from the Board of Appeals in the R-20 Residential District, with a five-acre minimum lot and 50-foot building and play-area setbacks.
In a R-20 Residential District, day-care centers may be allowed by special exception, provided: ... All buildings and play areas shall be set back a minimum of 50 feet from all property lines. ... In a R-30 Residential District a family day-care is permitted on a lot of a minimum of one acre.
Full Breakdown
Wicomico County's Zoning Code treats commercial day-care centers and home-based family day care differently. Under § 225-82, family day care operating out of a home is a permitted use, not a special exception, on any lot in the R-30 Residential District as long as the lot is at least one acre. No additional Board of Appeals approval, buffer or acreage beyond the one-acre minimum is required for that home-based use. A day-care center, meaning a larger facility rather than an in-home operation, is treated as a special exception use limited to the R-20 Residential District.
To win that special exception from the Board of Appeals, an applicant needs a lot of at least five acres, must set back every building and play area at least 50 feet from all property lines, and must install landscaping, fencing or another buffer around the play area to shield neighboring properties from noise, activity and visual impact. The Board weighs those standards case by case at a public hearing before granting or denying the exception, and it can attach further conditions to the approval.
Operators still need any state-level child-care licensing required separately from local zoning, but the county's zoning question turns entirely on which residential district the property sits in and whether the operation is a home-based family day care or a stand-alone center. A property owner planning either use in unincorporated Wicomico County should confirm the parcel's zoning district and lot size with the Department of Planning, Zoning and Community Development before signing a lease or converting space, since a facility in the wrong district faces removal as a zoning violation regardless of any state childcare license held.
Violations & Fines
Operating a day-care center or exceeding the R-30 family day-care standards without the required special exception is a civil zoning violation under § 225-23, punishable by a fine of up to $500 per violation, with each day of continued operation counted as a separate violation. Citations are issued by officers the Planning Director authorizes to enforce the Zoning Code, and the Board of Appeals can revoke a special exception already granted after notice and hearing.
Frequently Asked Questions
Can I run a home day-care in Wicomico County without special approval?
What lot size does a day-care center need in Wicomico County?
What happens if a day care operates in the wrong zoning district?
Sources & Official References
Other rules in Wicomico County
Compare Wicomico County to another location·View the Maryland home business overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.