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Vermont Statewide Rule

Vermont Family Child Care Home Licensing Preemption

Some RestrictionsApplies statewide across Vermont (2026)

Key Facts

Statute
33 V.S.A. Chapter 35
Regulator
DCF Child Development Division
Registered home capacity
Up to 10 children
Zoning treatment
Residential use protected
Background checks
Required statewide
Last verified: August 21, 2026Source: Vermont General Assembly

Summary

Vermont state law licenses family child care homes through the Department for Children and Families and prohibits municipalities from using zoning to exclude state-registered or licensed home-based child care, treating it as a permitted residential use.

(a) Unless exempted under subsection (b) of this section, a person shall not operate a child care facility without a license or operate a family child care home without registration from the Department.

Source: Vermont General AssemblyView official code

Full Breakdown

Under 33 V.S.A. Chapter 35 and Department for Children and Families Child Development Division regulations, family child care homes serving up to six full-time children plus four part-time school-age children must be registered with the state. Vermont's land use statute treats licensed family child care as a residential use that municipalities cannot prohibit through zoning, mirroring the home occupation protection in 24 V.S.A. Section 4412. Health, safety, ratios, and background checks are governed by uniform state rules. Local towns retain limited authority over signage, parking, and noise but cannot ban registered child care from residential zones.

Violations & Penalties

Operating without registration, exceeding capacity limits, or violating health and safety rules may result in license revocation, civil penalties, and child welfare investigations under state law.

Frequently Asked Questions

Can my town prohibit a registered home daycare in a residential zone?
No. Vermont treats state-registered family child care homes as a protected residential use, and municipalities cannot exclude them through zoning, though reasonable performance standards may apply.
How many children can a registered family child care home serve?
Generally up to six full-time children plus four part-time school-age children, subject to age mix limits, supervision ratios, and DCF rules in the Child Care Licensing Regulations.

Sources

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