Michigan Statewide Rule
Michigan Family And Group Child Care Home State Preemption
Key Facts
- Statute
- MCL 722.115a
- Family home capacity
- 1-6 children
- Group home capacity
- 7-12 children
- Licensing agency
- LARA BCHS
Summary
Michigan's Child Care Organizations Act preempts local zoning that would exclude licensed family or group child care homes from residential districts.
(3) For a county or township, a family child care home is a residential use of property for the purposes of zoning and a permitted use in all residential zones and is not subject to a special use or conditional use permit or procedure different from those required for other dwellings of similar density in the same zone.
Full Breakdown
Under MCL 722.115a, licensed family child care homes (1-6 children) are treated as residential uses by right and cannot be zoned out by local ordinance. Group child care homes (7-12 children) must be permitted in single-family residential districts subject only to special-use review on issues like signage, parking, and on-site staff. LARA's Bureau of Community and Health Systems handles licensing under MCL 722.111 et seq.
Violations & Penalties
Local ordinances that exclude or improperly restrict licensed homes are unenforceable and expose the municipality to civil liability.
Frequently Asked Questions
Can my homeowners association ban a licensed daycare?
Does the state preempt safety inspections too?
Sources
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.