Washington County, MD Home Business: Home Daycare (2026)
Key Facts
- Max enrollment
- 8 children under 13
- Infant cap
- 2 children under age 2
- Provider's own kids
- Counted in the 8-child cap
- Zoning permit
- Not required; allowed by right
- State registration
- Maryland Office of Child Care Licensing
- Governing section
- Zoning Ordinance § 4.15
Summary
Washington County, Maryland lets any residence operate as a registered Family Day Care Home without a separate zoning permit under Zoning Ordinance Section 4.15. The home must register with the Maryland Office of Child Care Licensing and Regulation and cap enrollment at eight children under 13, counting the provider's own kids under six, with no more than two children under age two at once.
Nothing in this Ordinance shall prohibit the use of any residence to be used as a registered Family Day Care Home. Family Day Care Homes shall be registered with and meet all of the requirements of the Maryland Office of Child Care Licensing and Regulation. Family Day Care is care given for compensation in lieu of parental care in a residence other than the child's residence for part of a twenty-four (24) hour day for: (a) Not more than eight (8) children under the age of thirteen (13) or to a developmentally disabled person younger than twenty-one (21) years; and (b) The provider's own child or children under the age of six (6) shall be included in the total number of eight (8) children allowed; and (c) At no time may the provider care for more than two (2) children under the age two (2) years.
Full Breakdown
15 of the Washington County Zoning Ordinance opens by stating that nothing in the Ordinance prohibits any residence in the county from being used as a registered Family Day Care Home, so the use is allowed by right in every zoning district without a separate zoning permit or site plan. The tradeoff is that the operator must register with, and meet all the requirements of, the Maryland Office of Child Care Licensing and Regulation before opening. The Ordinance defines Family Day Care as care given for compensation in a residence other than the child's own home for part of a 24-hour day, and it sets the enrollment ceiling: no more than eight children under age 13 (or one developmentally disabled person under 21) at a time.
The provider's own children under age six count toward that cap of eight, so a provider with two young children of her own can enroll only six others. Within the group, the Ordinance further limits infant care: at no time may the provider have more than two children under age two in care, regardless of total enrollment. Because the use is zoning-permitted by right, Washington County's Division of Plan Review and Permitting does not require a separate application; the real constraint is the state license. 2(d), including a written notice by certified mail ordering the owner to correct or discontinue the violation.
Violations & Fines
The Zoning Administrator enforces Section 4.15 through the general zoning violation process in Section 24.2(d): a certified-mail notice describing the violation and ordering it corrected, followed by an order to discontinue the illegal use if the operator does not comply. Operating above the eight-child cap, exceeding two children under age two, or running an unregistered home daycare exposes the property to a notice of violation and a possible discontinuance order.
Frequently Asked Questions
Do I need a Washington County zoning permit to run a home daycare?
How many children can a Washington County family day care home serve?
Does the county zoning code cover licensing, or just where daycares can operate?
Sources & Official References
Other rules in Washington County
Compare Washington County to another location·View the Maryland home business overview
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