Minnesota Statewide Rule

Minnesota Family Child Care Licensing and Zoning Preemption

Heavy RestrictionsApplies statewide across Minnesota (2026)

Minnesota Statutes sections 245A.14 and 462.357 require cities to treat licensed family child care homes as a permitted residential use, preempting restrictive zoning. DHS licenses providers statewide under Chapter 245A and Rules 9502 and 9503.

Key Facts

Zoning preemption statute: Minn. Stat. 462.357 subd. 8
Family capacity: Up to 12 children
Group capacity: Up to 14 children
Licensing rules: MN Rules 9502, 9503

Source: Minnesota Revisor of Statutes

Full Breakdown

Minn. Stat. 462.357 subd. 8 states a licensed residential family day care serving 12 or fewer children is a permitted single-family residential use for zoning purposes. Cities cannot impose conditional-use permits, special licensing, or density spacing on licensed family child care that they would not impose on similar residences. Providers must hold a license from the Department of Human Services under Chapter 245A, complying with Minnesota Rules 9502 (family) or 9503 (group) covering capacity, supervision, training, and safety. Group family child care up to 14 children also receives permitted-use protection in residential zones.

Violations & Penalties

Operating without a DHS license is a misdemeanor under 245A.04, with civil penalties, license revocation, and orders prohibiting child care.

Frequently Asked Questions

Can a Minnesota city zone out home daycares?

No. Licensed family child care homes serving 12 or fewer children are a permitted residential use statewide. Cities cannot require special-use permits or impose stricter rules than on other dwellings.

How many children can a licensed family child care home serve?

Family child care licenses cover up to 12 children with proper ratios, while group family child care licenses allow up to 14 children. Both require DHS licensure under Chapter 245A.

Sources

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