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Yellowstone County, MT Home Business: Home Daycare (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Family day care home
Up to 6 children
Group day care home
7 to 12 children
Day care center
13 or more children
Zoning status
Permitted residential use
State license
Required (Montana DPHHS)

Summary

A family day care home in Yellowstone County zoning districts is a permitted use in residential zones and cares for up to six children; a group day care home covers seven to twelve. Both must be licensed by the State of Montana. Larger operations are day care centers.

City-specific rules exist: Billings has its own home daycare rules that differ from Yellowstone County's county-level regulations. If you live in Billings, check the city-specific page instead.

"Family day care home" means a private residence in which supplemental parental care is provided for up to six children, including the operator's children, from separate families on a regular basis. Such day care home shall be licensed by the [state] ...

View official code

Official source re-checked September 7, 2026: the cited page had not changed since it was quoted.

Full Breakdown

Under the county's adopted zoning definitions, a family day care home is a private residence providing supplemental parental care for up to six children (including the operator's) from separate families on a regular basis; a group day care home serves seven to twelve. Both are permitted uses in the residential districts and both must be state-licensed. Thirteen or more children make it a day care center, requiring further licensing. Montana childcare licensing is handled by the Department of Public Health and Human Services (the zoning text cites the state licensing authority under MCA Title 52/53). Where no zoning district covers a rural parcel, the county sets no local rule, but state licensing still applies.

Violations & Fines

Operating a home daycare over the child limit for its category, or without the required state license, violates both zoning and state childcare law and can trigger enforcement.

Frequently Asked Questions

How many children can a home daycare have?
A family day care home may care for up to six children including the operator's; a group day care home serves seven to twelve. Both require a Montana state license.
Is a home daycare allowed in a residential zone?
Yes. In Yellowstone County zoning districts, family and group day care homes are permitted uses in residential districts, provided they hold the required state license.

Sources & Official References

Other rules in Yellowstone County

All Yellowstone County rules

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