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Wicomico County, MD Home Business: Home Daycare (2026)

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

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

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?
Yes, if you are in the R-30 Residential District and your lot is at least one acre. Wicomico County Code § 225-82(B) makes family day care a permitted use there, so no special exception or Board of Appeals hearing is required, though state child-care licensing rules still apply separately from local zoning.
What lot size does a day-care center need in Wicomico County?
A day-care center, as opposed to in-home family day care, needs a minimum five-acre lot in the R-20 Residential District and can only operate after the Board of Appeals grants a special exception under § 225-82(A). Buildings and play areas must sit back at least 50 feet from every property line.
What happens if a day care operates in the wrong zoning district?
It is a civil zoning violation under § 225-23, carrying a fine of up to $500 per violation with each day treated separately. The Planning Director's enforcement officers can issue citations, and the county can pursue further remedies including revoking any special exception already granted.

Sources & Official References

Other rules in Wicomico County

All Wicomico County rules

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