Woodbury, MN Home Business: Home Daycare (2026)

Minnesota state law largely controls home daycare zoning and licensing, limiting what Woodbury can require. Under Minn. Stat. 245A.14, a licensed nonresidential program with a licensed capacity of 12 or fewer persons, and a group family day care serving 14 or fewer children, must be considered a permitted single-family residential use for zoning and land use purposes. This means the city cannot prohibit a licensed family child care in a single-family zone. However, the statute does allow a municipal zoning authority to require a conditional use or special use permit to ensure proper maintenance and operation, as long as the conditions are not more restrictive than those for other conditional uses in the same zone (unless additional conditions are needed to protect the health and safety of those served). Licensing itself is a state function: family child care (Rule 2) is licensed through the state with county recommendations, historically under the Department of Human Services (DHS) and now under the Minnesota Department of Children, Youth, and Families (DCYF). Family child care is generally for 10 children or fewer at one time, with no more than six younger than school age; group family child care can serve up to 14 children, requiring two caregivers when more than 12 are in care, and the totals include the caregiver's own children present. Providers must pass background studies and meet caregiver, environment, and ratio standards. A home daycare also remains a home business locally, so applicable Woodbury Chapter 24 standards can apply where consistent with state law.