Models for various child care businesses in Montgomery County:
Providers that care for up to 8 children in their own home are considered Family Child Care providers and are allowed to operate in private homes in Montgomery County.
Child care businesses that serve 9-12 children are considered Group Day Care (or Large Family Child Care) providers and are allowed only in certain areas of the County.
Child care provided in a non-residential facility is considered a Child Care Center and is permitted only in specific areas of the County.
Day Care Center (13-30 Persons) means a Day Care Facility for 13 to 30 people where staffing, operations, and structures satisfy State and local regulations. A Day Care Center (13-30 Persons) includes a Family Day Care (Up to 8 Persons) and Group Day Care (9-12 Persons) where the provider is not a resident and cannot meet the non-resident provider requirement. A Day Care Center (13-30 Persons) is allowed as a conditional use in certain zones and it may be permitted by the Hearing Examiner within the Office of Zoning and Administrative Hearings under Section 7.3.1.
Day Care Center (Over 30 Persons) means a Day Care Facility for over 30 people where staffing, operations, and structures comply with State and local regulations and is not located in a townhouse or duplex building type. Where a Day Care Center (Over 30 Persons) is allowed as a limited use, and the subject lot abuts or confronts property zoned Agricultural, Rural Residential, or Residential Detached that is vacant or improved with an agricultural or residential use, site plan approval is required under Section 7.3.4. Where a Day Care Center (Over 30 Persons) is allowed as a conditional use, it may be permitted by the Hearing Examiner under Section 7.3.1.
The conditional use standards in Section 3.4.4.E.2.b and Section 3.4.4.F.2.b.i through Section 3.4.4.F.2.b.v do not apply to a Day Care Center operated by a nonprofit organization and located in:
1. a structure owned or leased by a religious organization and used for worship, or a structure located on premises owned or leased by a religious organization that is adjacent to premises regularly used as a place of worship;
2. a structure used for private, parochial education purposes that is exempted from the conditional uses standards under Section 3.4.5, Educational Institution (Private); or
3. a publicly-owned building.
Before you decide which model to follow, thoroughly review Section 3.4.4. of the County's Zoning Ordinance related to Day Care Facilities (see below for general information about zoning). If you plan to operate a day care facility out of your home, be sure to review the Family Day Care Fire Safety Checklist before scheduling a fire safety inspection.
If you are planning to buy or lease space for a Child Care Center, be sure to check the County's official zoning map to ensure that you are permitted to operate a child care center in the proposed location. You also should check to be sure the location you are considering has a current Use & Occupancy Certificate matching your intention to operate a child care center.
One option is to explore operating a child care center in a Montgomery County Public School through the Childcare Program in MCPS.
Zoning
Montgomery County Planners have rewritten the County's zoning code and have modernized zoning regulations. They have created a new interactive digital zoning map to look up zoning and property information.
If you plan to build or renovate a child care center, be sure to review the County's building codes and standards. In addition, several municipalities in Montgomery County have their own planning and zoning requirements:
BG&E Construction & Remodeling, New Business Services 1-800-233-1854 First Energy/Potomac Edison Customer Service: 1-800-686-0011 PEPCO Business Solutions 301-670-8700
Consumers have choices for electric and gas utility services. You may obtain a complete list of these companies from the Maryland Public Service Commission’s utility listing.
The State of Maryland regulates registered Family Child Care and the specific regulations are contained in the Maryland State Code (COMAR 13A.15). Within this code, Section 13A.15.06 defines Provider Requirements including requirements for the primary provider, a provider substitute, as well as an Additional Adult and Volunteer(s), if applicable.
Family Child Care homes are initially authorized to operate for a period of two years. After the initial period, a continuing (non-expiring) registration may be issued that continues in effect until it is surrendered suspended or revoked. All registered Family Child Care operations are subject to an unannounced visit annually to determine if child health and safety requirements are being met.
Child Care Centers and Large Family Child Care homes are initially authorized to operate for a period of two years. After the initial period, the license or letter of compliance may be converted to continuing (non-expiring) status that continues in effect until it is surrendered suspended or revoked. All licensed child care centers are subject to an unannounced visit annually to determine if child health and safety requirements are being met.
Additional Resources
Things to think about when choosing a location
When choosing a location or building for a Child Care Center, there are some very specific requirements that should be considered. Be sure to think through what is required to establish a successful child care center.
Child Care Resource & Referral Center
The Montgomery County Child Care Resource & Referral Center’s mission is to build a successful and knowledgeable child care workforce through professional development and individualized support. The Center is a valuable resource for child care providers.
Maryland Women's Business Center
The Maryland Women’s Business Center (MWBC) supports childcare businesses in Montgomery County by providing tools, information and business-related classes. In addition, the MWBC provides direct support to programs through the Montgomery County Child Care Resources & Referral Center.