Minnesota Statewide Rule

Minnesota Family Child Care Licensing and Zoning Preemption

Heavy RestrictionsApplies statewide across Minnesota (2026)

Key Facts

Zoning preemption statute: Minn. Stat. 462.357 subd. 7
Family capacity: Up to 12 children
Group capacity: Up to 14 children
Licensing rules: MN Rules 9502, 9503

Last verified: September 5, 2026Source: Minnesota Revisor of Statutes

Summary

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.

Permitted single family use. A state licensed residential facility, including an assisted living facility under chapter 144G, serving six or fewer persons, a licensed day care facility serving 12 or fewer persons, and a group family day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children shall be considered a permitted single family residential use of property for the purposes of zoning, except that a residential facility whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses shall not be considered a permitted use.

Source: Minnesota Revisor of StatutesView official code

Full Breakdown

Minn. Stat. 462.357 subd. 7 makes a licensed day care facility serving 12 or fewer persons, and a licensed group family day care serving 14 or fewer children, 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 Department of Human Services license under Chapter 245A, complying with Minnesota Rules 9502 (family) or 9503 (group) covering capacity, supervision, training, and safety.

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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