Introduction
Project Overview
Access to a*ordable, high-quality childcare is a crucial economic driver, allowing parents to participate in the workforce while ensuring early childhood development. However, regulatory hurdles, high startup costs, and lengthy permitting processes pose challenges for new childcare providers. This report examines zoning and permitting requirements for childcare centers and home-based childcare in Arlington County and its neighboring municipalities, compares financial and regulatory barriers, and presents best practices to facilitate expansion in high-density, high-cost communities. This report was prepared for Arlington Community Foundation (ACF) and its community partners, but the findings and recommendations will apply to most Northern Virginia jurisdictions.
Objectives
This report aims to:
• Compare zoning and permitting processes across Northern Virginia Jurisdictions.
• Identify potential financial barriers and hidden costs.
• Assess the average time required to open a childcare center from application to certificate of occupancy.
• Recommend possible policy solutions or next steps ACF and Arlington County can take to improve the Childcare Care Center Permitting Process.
Methodology
This study employed a structured approach to evaluate zoning and permitting processes for childcare facilities in Northern Virginia.
• Regulatory Review: Analyzed local zoning codes, permitting requirements, and state licensing regulations to assess barriers to childcare facility development.
• Cost and Timeline Analysis: Collected data on application fees, permitting costs, and approval timelines across jurisdictions to identify financial and administrative burdens.
• Case Studies: Used public records to review recent childcare facility openings and identify common process bottlenecks
• Best Practices Assessment: Examined zoning and permitting reforms from peer cities and other high-density, high-cost urban areas in the United States to identify innovative strategies for streamlining approvals and increasing childcare accessibility.
Municipalities Analyzed
• Arlington County, Alexandria, Fairfax County, Fairfax City, Loudoun County, Prince William County, Town of Leesburg.
Zoning and Permitting Analysis for Arlington County
This section provides a comparative analysis of zoning regulations and permitting processes for childcare facilities across Arlington County and nearby jurisdictions. The goal is to highlight the di*erences in how municipalities approach home-based and centerbased childcare and to identify barriers and challenges that may hinder the development of new childcare facilities. The analysis includes a review of where childcare is permitted byright, when special permits are required, associated costs, and the average length of the approval process. This comparison serves as a foundation for identifying best practices and recommending policy changes to improve access and a*ordability. A detailed breakdown of permitting costs can be found in appendix A.
Notable elements of Arlington’s zoning and permitting for childcare:
• Childcare centers require a special use permit in all zoning districts.
• Home-based childcare is permitted by-right for up to 12 children.
• Approval timelines vary, with permitting generally taking between 2-3 months depending on complexity.
• Arlington is stricter in enforcing special use permits for commercial child care facilities.
• Fees range from $60–$790, including zoning applications, occupancy permits, and inspections.
Arlington County
Alexandria City
Fairfax County
Town of Leesburg
Fairfax City
Yes, up to 12 children permitted by right for Home Childcare Centers
Yes, up to 5 children in most residential zones
Yes, 5-7 max children as accessory use, depending on home type
Yes, 1-5 children allowed by-right
Yes, up to 5 children in some zoning districts
Loudoun County Yes, in certain zoning districts
Prince William County
Yes, up to 4 children in most Residential zones
$58
$157
$41
Yes, in most o*ice/industrial & mixed-use zones
Yes, in o*ice and industrial districts
$178 - $230
$80
$50
N/A, as requirements are vague for permitting when by right for up to 5 children
$200
$107 ($371 if appealed to County Board of Supervisors)
*See appendix A for full cost breakdown
Yes, by-right in B3 & B4 districts
Yes, in some commercial districts
Yes, in certain zoning districts
Yes, in most o*ice/industrial & mixed-use zones
$70
$70
$210
$184
Table 2:
Arlington County No
Alexandri a City Yes, 6-9 children in most residential zones (administrative )
Fairfax County Yes, special permit for 6-12 or 8-12 children depending on home type
Town of Leesburg Yes, required for 6-12 children on lot less than 2k sq ft
Fairfax City Yes, 5-12 children in all residential Districts
Loudoun County Yes
$482 Yes, in some residential zones $752 - $805 Unknown
$510
Yes, in nearly all residential districts and in some commercial districts $1,295$12,955 90 days - 7
$7,600 Yes, in all residential districts and other commercial, o*ice, and industrial Districts
$7,570$10,070 Unknown
$600 - $700 Yes, in some commercial districts $5,200 Unknown
Prince William County
Yes, 5-9 children in most residential zones (up to 12 children in homes >5,000 sq ft, administrative)
$706 - $1,044
*See appendix A for full cost breakdown
State of Virginia Caveat
Yes, in some residential zones
$673 - $3,401 5-8 months
Virginia is one of the few states in the nation that is governed exclusively by the Dillon Rule when it comes to land use. The Dillon Rule limits the ability of localities to conduct and create land use policy to what the state government expressly or implicitly allows. If the state sets how a law or program must be carried out, the locality cannot change it. The e*ect of such a rule is that localities in northern Virginia, such as Arlington County, are limited in what they can do when it comes to zoning and land use policy for childcare. Because of this, it is important to note that alongside making the proposed changes at the local level, policy change at the state level is equally, or even more, important to ensure that e*ective change occurs.
Identified Issue Areas
Through a review of local zoning codes, permitting procedures, and recent childcare facility case studies, five types of barriers or challenges were identified that impact the ability of providers to open and operate childcare facilities in Northern Virginia. These challenges range from opaque and inconsistent approval processes to significant financial burdens and limited access to suitable space, particularly in high- cost, high- density areas. Table 3 organizes these identified challenges into categories to clarify where interventions may be most e*ective, and to lay the groundwork for the policy recommendations that follow.
Table 3 Barriers to Childcare Center Development in Northern Virginia :
Transparency, Understanding and Navigating the Process
Financial Barriers and Hidden Costs
Bottlenecks
Startup and Permitting Costs
Market Constraints
Ø Limited public guidance on permitting steps, fees, and timelines.
Ø No clear point of contact for applicants with inconsistent terminology and varying permitting systems.
Ø Few resources in plain language or multiple languages.
Ø Unclear or unpredictable approval timelines.
Ø Added costs for consultants, plans, and legal review.
Ø Costly upgrades for fire code, ADA, and safety compliance.
Ø Delays due to financial strain before opening.
Ø Zoning hearings and community input extend approval timelines.
Ø Delays occur due to uncoordinated health, fire, and zoning inspections.
Ø Many areas restrict childcare centers, requiring additional approvals.
Ø Range from $50–$15,000 depending on jurisdiction.
Ø Fire code compliance, safety renovations, and operational requirements add financial burdens.
Ø Limited availability of a*ordable space for childcare centers. Per Colliers International, the average commercial rent in Arlington County at the end of 2024 was $41.24 per square foot.
Ø High property values increase leasing and mortgage expenses.
Ø Demand for childcare outweighs supply, leading to long waitlists and economic ine*iciencies.
Recommendations
Based on the analysis of peer jurisdictions in Northern Virginia and case studies from across the United States, Table 4 outlines a series of recommendations aimed at improving the childcare zoning and permitting process in Arlington County (see appendix B for full recommendations table). The recommendations are organized by the identified barrier or challenge that it addresses. These strategies draw from best practices in comparable highcost urban areas and are intended to support Arlington County and the Arlington Childhood Foundation (ACF) in advancing more accessible, a*ordable, and e*icient childcare infrastructure.
Table 4 (abbreviated):
Recommendation
Public-private partnerships
Improving process transparency
Expanded support for those working through the process of opening a childcare facility
Continue funding Arlington’s Capital Improvements Fund to help with startup costs
More by-right use across the board in zoning categories
Reduce requirements/get rid of home occupation permits (not occupancy permits)
Remove public notice requirements for childcare centers and family
*See appendix B for full recommendations table.
Key Takeaways
• Zoning and permitting processes vary significantly across municipalities, with Arlington and Alexandria having slightly more restrictive regulations for commercial care facilities.
• Costs and approval timelines create substantial barriers for new childcare providers.
• Best practices from other cities suggest that streamlining approvals, reducing financial burdens, and integrating childcare into planning processes can facilitate expansion.
• Generally, Arlington County is doing well comparatively in the region when it comes to childcare zoning processes, especially when it comes to permitting costs and approval timelines.
Appendices:
Appendix A: Cost Breakdown
Appendix B: Full Recommendations Table
Appendix C: Case Studies
Appendix D: Glossary of Terms
Appendix E: Bibliography
Special Permit Required
Town of Leesburg
special permit for 612 or 8-12 children depending on home type
required for 6-12 kids on lot less than 2k sq ft
Fairfax City Yes, 5-12 Children in All Residential Districts
Permitted By-Right
Prince William County
5-9 Children in most residential zones (up to 12 Children in homes >5,000 sqft, administrative)
Special Permit Required
- $1,044
in nearly all residential districts and in some commerical districts
in all residential districts and other Commercial, Office, and Industrial Districts
Yes, in some commercial districts.
- 7
Recommendation
Public-private partnerships
Improving process transparency
Expanded support for those working through the process of opening a childcare facility
Maintain the Capital Improvements Fund into the future in Arlington to help with other startup costs
More by-right use across the board in zoning categories
Reduce requirements/get rid of home occupation permits (not occupancy permits)
Incentive zoning for childcare
Impact fees for residential development
Introducing or boosting public-private partnerships can offer major benefits for new childcare businesses, helping them overcome common startup challenges like high costs, regulatory hurdles, and limited access to space or workforce.
Provide clearer guidance, resources, and dedicated staff support to help applicants navigate the zoning and permitting process for childcare facilities.
Offer technical assistance, pre-application meetings, and process guides to help new childcare providers understand requirements and timelines.
Continue providing financial assistance through Arlington’s Capital Improvements Fund to help cover startup and facility improvement costs for childcare providers.
Expand the use of by-right approvals for childcare facilities in more zoning districts to reduce the need for discretionary review and approvals.
Eliminate or simplify the home occupation permit requirement for home-based childcare providers to lower barriers to entry.
Offer zoning incentives, such as additional density or reduced parking standards, for developments that include on-site childcare facilities.
Establish impact fees on new residential development to create a dedicated funding source for expanding childcare infrastructure and services. An alternative to this is requiring the designation or development of childcare on site.
The Maryland Family Network Child Care Resource and Referral Centers are a unique public-private partnership, managed by the Maryland Family Network (MFN) through a contract with the Maryland State Department of Education.
King County, WA offers a permitting concierge service that prioritizes childcare and affordable housing projects. Prince William County, VA lays out the zoning process for home day cares on their website.
Arlington County currently offers grants through its Childcare Initiative Capital Fund for facility improvements and capacity expansion.
Integrate childcare into the comprehensive plan
Advocate for state reform
Remove public notice requirements for childcare centers and family day homes
Ensure municipal plans address childcare needs through the introduction of Childcare Needs Planning.
The Dillon Rule in Virginia essentially limits localities from being able to specially craft land-use childcare policy that adapts to each one's characteristics. Advocating for broader and more forgiving state policies on childcare can help create more flexible local policies to address unique deficits.
Public notice requirements, which often includes notification methods like mailers and emails, are a step of the zoning process that take time and resources. Removing this step can reduce time and costs, allowing childcare facilities to be established quicker.
Seattle’s “Childcare Near You Ordinance” allows childcare centers by-right in nearly all zoning districts, including residential zones.
Washington State is considering statewide legislation (SB 5509) that removes additional local permitting requirements for family childcare homes.
Seattle's zoning code has provisions for incentive zoning, which gives developers bonus floor area in return for paying a fee or building on-site childcare.
San Francisco's zoning code has impact fees for residential development that is dedicated for childcare. In lieu of paying into this fee pot, developers can designate a certain number of home child care facilities instead. Both help to increase the number of overall facilities in the City.
Arlington County has developed a Child Care Initiative that has worked in tandem with Zoning Ordinance Amendments to increase the childcare options.
The State of California enacted the Keeping Kids Close to Home Act in 2020, which states that localities cannot require zoning permits or business licenses for large or small family day care homes.
San Francisco's amended planning code in October of 2017 removes the public notice requirements for all types of child care centers and family day homes.
Case Study: Montgomery County, Maryland
In Maryland, Montgomery County has its own MSDE branch. In response to rising demand driven by population growth and increasing workforce participation, the county and state have introduced a range of policy reforms, zoning changes, and public-private partnerships. These efforts are aimed to identify and reduce barriers for childcare providers.
1. State Level License Streamlining
The Maryland State Department of Education (MSDE) has streamlined the childcare licensing process by reducing administrative burdens and providing clearer guidelines for new providers:
• All childcare licensing activities in Maryland are overseen by the Office of Child Care’s Licensing Branch.
• The Licensing Branch operates thirteen Regional Licensing Offices. This enables easy local access to state level professionals for assistance. In Virginia, licensing is also overseen by the Department of Education (VDOE). However, VDOE only operates 8 branches. In Northern Virginia, one branch serves Arlington, Loudoun, and Fairfax counties (along with seven cities and towns). In Maryland, Montgomery County has an MSDE branch serving just it.
2. County-Level Expansion of Family Day Care: ZTA 23-11
In February 2024, the Montgomery County Council passed Zoning Text Amendment 23-11, streamlining regulations for home-based businesses, including childcare. Previously classified as separate uses Family Day Care (Up to 8 Persons) and Group Day Care (9–12 Persons) home-based childcare is now consolidated into a single category: Family Day Care (Up to 12 Persons). The amendment brings key benefits:
• Home-based childcare is permitted by-right in all zoning districts.
• In 2022, home-based childcare accounted for over 16% of the county’s licensed early care capacity (Children’s Opportunity Alliance, 2023). By removing barriers to entry and expansion, Montgomery County reinforces the critical role of home-based providers in addressing childcare shortages.
3. Public-Private Partnerships
Both at the state level and in Montgomery County, intentional efforts are being made to build and strengthen public-private partnerships. Such efforts include:
• In February 2022, the Montgomery County Council passed legislation establishing an Early Care and Education Coordinating Entity. This entity, a nonprofit called Children’s Opportunity Alliance, brings together organizations, agencies, funders, businesses, and community members to take a system-wide approach to early care and education.
• The Maryland Family Network Child Care Resource and Referral Centers operate as an innovative public-private partnership, administered by the Maryland Family Network (MFN) under a contract with the Maryland State Department of Education. Every community in Maryland is served by one of twelve regional Child Care Resource and Referral Centers (CCR&Rs), which collectively form the Maryland Child Care Resource Network. This network provides leadership and services to:
o Enhance the skills of early childhood professionals and improve program quality.
o Support the development and expansion of high-quality childcare programs for communities and individuals.
• Growing Opportunities for Family Child Care (GOFCC) is a program established by MFN in 2021 and implemented through CCR&Rs. This program works to support the opening and sustained success of new home-based childcare providers. Montgomery County’s GOFCC program is managed by Child Care Support Services which is a part of the County’s Department of Health and Human Services. GOFCC has demonstrated the following results:
o Decreased average time for new providers to open.
o Increased additional childcare slots.
4. Study of Current Childcare Climate
In 2024, The State of Supply and Demand for Child Care in Montgomery County, Maryland was published with funding from the Montgomery County Government through the Early Care and Education Initiative (ECEI). The study highlighted several key findings:
• Montgomery County faces a shortage of childcare options, with the most significant gap affecting families with infants and toddlers (children under two years old).
• Many childcare providers are operating below full capacity, despite the financial necessity of maximizing enrollment. According to a countywide provider survey, licensed programs reported an average vacancy rate of 26%.
• The childcare system is complex, and information gaps make it difficult for both families and providers to access available resources. Immigrant and nonEnglish-speaking households, in particular, struggle to navigate the licensed childcare system.
• Many providers face facility-related challenges that affect program quality and long-term sustainability, yet few have access to the necessary resources to address these issues.
Data-driven studies like this are essential for guiding county decisions and improving access to high-quality childcare.
Outcomes and Goals of These Policies
• Expanded home-based network: Increase the number of licensed providers to meet local demand with flexible, neighborhood-scale care.
• Strengthened provider pipeline: Expand childcare access by equipping new and prospective providers with streamlined pathways, including accessible training, mentorship, and professional development support.
• Data-driven planning: Build a comprehensive understanding of current childcare conditions to inform targeted policy and investment.
Key Takeaways
• A centralized information hub streamlines access to critical resources for prospective childcare providers navigating business and regulatory requirements.
• Targeted zoning language adjustments create immediate, market-sensitive opportunities for expanding childcare supply.
• Public-private partnerships serve as effective tools for supporting new entrants and scaling childcare options across communities.
• Ongoing evaluation of childcare supply, demand, and access metrics enables responsive policy adjustments and long-term system resilience.
Annotated Bibliography
Children’s Opportunity Alliance. (n.d.). About. https://mocochildren.org/about The Children’s Opportunity Alliance (COA) serves as Montgomery County’s designated coordinating entity for early care and education. As a public-private partnership launched by the County Council in 2022, COA brings together agencies, nonprofits, funders, and families to develop system-level solutions for improving child outcomes. Its collaborative approach underpins many of the county’s recent advancements in childcare access and equity.
Montgomery County Government. (2024, February 27). Council unanimously approves bill to establish an Early Care and Education Coordinating Entity in Montgomery County. https://www2.montgomerycountymd.gov/mcgportalapps/Press_Detail.aspx?Dept=1&Ite m_ID=40059&utm
This press release outlines the County’s Child Care Action Plan, a comprehensive strategy focused on expanding childcare access through zoning reform, licensing support, and public-private collaboration. It reflects the county’s recognition of childcare as critical social infrastructure and its commitment to reducing entry barriers for new providers.
Maryland State Department of Education. (n.d.). Child care regulations. https://earlychildhood.marylandpublicschools.org/regulations
Maryland’s Division of Early Childhood, part of the Maryland State Department of Education, oversees the licensing of all early care and education programs. Through 13 regional offices including one dedicated solely to Montgomery County the state
provides localized licensing support, ensuring easier access to technical assistance and regulatory guidance for prospective providers.
Children’s Opportunity Alliance. (2023, August). Well-being of Montgomery County’s youngest children.
https://static1.squarespace.com/static/62ad27c903d8e10682a2c1c6/t/64dd813d1ac859 7f49346f04/1692238166459/Childrens-Opportunity-Alliance_MoCo-Data_Aug-2023
This data snapshot presents key indicators of child well-being across Montgomery County, including trends in childcare supply, demand, and affordability. By identifying access gaps, geographic disparities, and system-level barriers, the report supports data-driven planning and underscores the need for equitable investment in early care infrastructure.
Maryland Family Network. (2023). 2023 annual report. https://www.marylandfamilynetwork.org/sites/default/files/202407/MFN%202023%20Annual%20Report.pdf
The Maryland Family Network (MFN) administers the state’s Child Care Resource and Referral Centers through a public-private partnership with the state. This report highlights statewide initiatives including the Growing Opportunities for Family Child Care (GOFCC) program that are helping to build provider capacity, shorten the timeline to licensure, and expand the supply of high-quality, home-based childcare options.
Montgomery County Department of Health and Human Services. (2025, January). The state of supply and demand for childcare in Montgomery County, Maryland. https://www.montgomerycountymd.gov/HHSProgram/Resources/Files/StateSupplyDemand_final_January2025.pdf
This county-funded study offers a detailed analysis of childcare supply and demand across Montgomery County. Key findings include a significant shortage of care for infants and toddlers, under-enrollment in licensed programs, and persistent access barriers for immigrant and non-English-speaking families. The report provides critical data for policymakers aiming to develop targeted, responsive strategies.
Case Study: San Francisco, California
San Francisco and the state of California have been leaders in policy and partnerships that have expanded access to childcare. The policies and partnerships have been created to expand the childcare use in different zones, help increase the number of available centers, and aid residents and providers in obtaining funding for childcare.
1. Permitting Childcare Expansion in the City
The San Francisco Planning Department streamlined many of the childcare planning processes in order to make the process more accessible to the public. These changes to the code became effective October 15, 2017.
• The code amendments created one definition for “Childcare Facility,” helping to create consistency in the bureaucratic process.
• Childcare Facilities are now allowed by-right in most zoning districts, with conditional use in a few others, and only being prohibited in two districts: one Industrial (M) and one Production, Distribution, and Repair (PDR) District.
• Neighborhood notices for new childcare facilities are no longer required, further helping to speed up the bureaucratic process. This is a new practice that is uncommon in many jurisdictions around the country – including in northern Virginia.
• Finally, the code changes allow for required residential open spaces to be used to meet the childcare open space requirements during regular weekday business hours, helping to alleviate one of the major difficulties in establishing a new center. For example, a small family daycare home in a garden apartment complex can use the residential open spaces and playgrounds on site of the complex to meet this requirement.
2. Residential Development Impact Fees for Childcare
Many other jurisdictions in the country have taken on impact fees for residential and commercial development to help pay for needed uses in the jurisdiction. Most commonly, these fees are used to pay for things like affordable housing and new schools. In San Francisco, the city’s zoning ordinance provides the option of childcare.
• Residential developers can pay an impact fee into a pot that the city uses to help fund new childcare facilities.
• In lieu of paying an impact fee, residential developers can choose to provide a childcare facility on site or designate units as “Designated Childcare Units” for a period of up to ten years.
3. Public-Private Partnerships
The Children’s Council of San Francisco is a nonprofit contractor with the State of California Department of Social Services and with San Francisco City and County. They work directly with government, community, and business partners in the
greater San Francisco Area to provide services and connect people with resources related to the care and education of children – including childcare. According to their website, they help providers, governments, and families with things like financial assistance for families and providers, peer mentorship, provider training and resources, and more. In order to provide these services, along with gaining money and resources from government entities and community partners, nonprofits, and programs, the Children’s Council provides annual corporate sponsorship options for businesses. In return for providing funding at one of the various tiers, the Council offers benefits to the businesses through advertisements and recognition, exclusive invitations to events, and any other negotiated terms. Some examples of the Council’s 2020 Corporate Partners include Citi, Goldman Sachs, Kaiser Permanente, and Wells Fargo. The Children’s Council of San Francisco serves as a successful model for public-private partnerships in the childcare field, especially when it comes to fundraising from businesses.
4. California: The Keeping Kids Close to Home Act (SB 234, Skinner)
Effective January 1, 2020, the state of California passed SB 234, Skinner. Colloquially known as The Keeping Kids Close to Home Act, this state legislation removed many of the unnecessary barriers surrounding home day care. This legislation makes it easier for emerging providers in the home day care space to establish facilities and meet childcare needs across California.
• This new act removes the requirement for zoning permits and business licenses for large and small family home childcare facilities.
• The act also allows family childcare facilities in every residential zone, including single family detached, single family attached, and multi-family communities.
• Localities cannot have any special rules regarding these provisions – they must adopt these accessibility measures.
Outcomes and Goals of These Policies
• Increase the number of home-based and commercial childcare providers.
• Improve the quality of childcare through expanded access to resources and networks.
Key Takeaways
• Innovative land use policies, such childcare use by-right, the removal of notices, the removal of zoning permits, and the relaxation of open space requirements can break down barriers that prevent or slow down applicants wanting to open a facility.
• Impact fees, though commonly acquired for other uses, can be put towards childcare facilities to help close the deficit in localities around the country –including Arlington County.
• A combined approach of changing policy and working with local nonprofits to create public-private partnerships that have boots on the ground is the most effective way to combat childcare inequity.
Case Study: Washington State, King County, and Seattle Local Reforms for Childcare Access
The State of Washington is a national leader in advancing childcare accessibility through coordinated action at the state, county, and local levels. A series of reforms from statewide zoning mandates to county permitting prioritization and local zoning flexibility provide a replicable model for reducing barriers to childcare and supporting providers across urban and suburban communities.
1. Washington State: Proposed Statewide Zoning Mandate for Childcare
A bill (SB 5509), passed by the Washington State Legislature on April 10, 2025, requires all cities to permit childcare centers in every zoning district, except industrial zones (Citizen Portal, 2024). This statewide policy aims to:
• Standardize childcare access across jurisdictions by reducing local regulatory inconsistencies.
• Promote equity by expanding childcare services in both urban and suburban areas.
• Support local initiatives, such as Seattle’s zoning reforms, by establishing a consistent statewide framework for childcare facility approval.
2. King County: Prioritized Permitting for Childcare and Affordable Housing (2024)
In October 2024, King County’s Department of Local Services announced that childcare and affordable housing projects would now receive priority status for permit review (King County Council, 2024). This policy accelerates project timelines, reduces holding costs for developers and providers, and supports the County’s goals of expanding childcare and affordable housing infrastructure across both urban and suburban areas. Key outcomes include:
• Faster permit review timelines for qualifying projects.
• Reduced costs for childcare providers due to shorter holding periods.
• Complementary support to local zoning reforms in cities like Seattle.
3. Snohomish County: Zoning Reform to Expand Childcare Access (2025)
In March of 2025, Snohomish County adopted new zoning reforms allowing childcare centers serving more than 12 children as a permitted use in all urban residential zones (The Urbanist, 2025). This reform eliminated the need for conditional use permits, directly reducing permitting barriers for small, home-based childcare providers seeking to expand their services. Jason Turner, owner of Mill Creek Preschool in Snohomish County, highlighted the impact of this reform:
“I really like this ability to not take years to go through other permitting processes that are already burdensome. This opens up a possibility for our current homes to be able to convert without having to try to get millions and millions of dollars of loans that we
probably don’t qualify for.”
Jason Turner, Mill Creek Preschool (The Urbanist, 2025)
4.Seattle: Zoning Reform and Incentive Zoning Program
Seattle has implemented multiple zoning reforms and development incentives to integrate childcare more directly into neighborhoods and new developments.
Childcare Near You Ordinance (2020)
Seattle passed the Childcare Near You Ordinance to expand where childcare centers can locate and simplify permitting:
• Childcare centers are permitted in nearly all zoning districts, including residential, commercial, and multifamily areas.
• Minimum spacing requirements and size limits in commercial zones were eliminated.
• Public and former school buildings can be used for childcare.
• Conditional use permits are required in only limited residential areas. These changes have reduced permitting time and costs, enabling more providers to operate in neighborhoods close to families.
Incentive Zoning (IZ) Program
Seattle’s Incentive Zoning Program (Section 23.58A.024) allows developers to gain additional floor area in exchange for providing childcare facilities or contributing to a childcare fund.
• For buildings ≤85 ft in height, all extra nonresidential floor area must come from childcare/housing bonuses or Transfer of Development Rights (TDRs).
• For buildings >85 ft in height, 75% of the bonus floor area must be tied to childcare/housing or TDRs.
This program incentivizes the private sector to integrate childcare into new developments especially in dense, high-cost urban areas.
Outcomes and Goals of these Policies
• 15-minute childcare access goal: Ensure every family is within walking distance of childcare (The Urbanist, 2020).
• Reduced regulatory burdens: Shorter permitting times, simplified approvals, and lower development costs.
• Improved service delivery: Zoning flexibility and financial incentives enable childcare in high-density, high-cost areas.
• Enhanced public-private collaboration: Align development incentives with the delivery of critical social infrastructure like childcare.
Key Takeaways
• Washington State’s proposed zoning mandate provides a uniform framework for localities to expand childcare access.
• King County’s permitting prioritization accelerates project delivery for childcare facilities across diverse communities.
• Snohomish County’s zoning reforms directly reduce barriers for home-based childcare providers seeking to expand.
• Seattle’s zoning flexibility and incentive programs illustrate a local model for integrating childcare into new developments and neighborhoods.
Together, these policies demonstrate a coordinated, multi-level approach to improving childcare access across the state.
Term(s) Definition
By-Right Development
Childcare Facility
Childcare Center
Dillon Rule
Family Day Home
Home Day Care
Child Care Home
Special Permit (SP)
Special Use Permit (SUP)
Special Exception Use Permit (Use Permit)
Special Exception (S)
Special Exception (SE – Fairfax County only)
Zoning Districts
A project can be conducted “by right” if it complies with the zoning ordinance. For childcare uses, this usually means that the use is allowed in certain zoning districts.
Terms used by localities in northern Virginia for commercial childcare facilities. These facilities are generally larger, with multiple staff members and many children.
A land use law rule that limits the ability of localities to govern based on what the state allows them to do.
Terms used by localities in northern Virginia for childcare facilities based out of residential properties. These facilities are usually less than 12 children and have one staff member, who is usually the owner or tenant of the home.
When a project cannot be conducted “byright,” it has to be approved via some kind of special permit. These are the names that localities use in northern Virginia.
Similar to a Special Permit, but for larger projects with more difficult specifications. This only applies in Fairfax County.
All properties are classified by broad use in a locality’s zoning ordinance. These broad uses are generally residential, commercial, industrial, and mixed-use. Each locality breaks down these general uses into smaller, more specific districts with their own requirements.
Municipality Citations
Alexandria City. (2022, July). Planning and zoning fee schedule FY2023. https://www.alexandriava.gov/sites/default/files/2022-07/Planning-and-ZoningFee-Schedule-FY2023.pdf
Alexandria City. (n.d.). Code of ordinances: Chapter 3 - Child care. https://library.municode.com/va/alexandria/codes/code_of_ordinances?nodeId=P TIITHCOGEOR_TIT12EDSOSEWE_CH3CHCA
Alexandria City. (n.d.). Registration requirements & standards for family child care homes. https://www.alexandriava.gov/child-care/registration-requirements-standards-forfamily-child-care-homes
Alexandria City. (n.d.). Types of child care. https://www.alexandriava.gov/child-care/typesof-child-care
Arlington County Government. (n.d.). FY25 zoning development fee schedule. https://www.arlingtonva.us/files/sharedassets/public/v/1/building/documents/feeschedules/fy25-zoning-development-fee-schedule-adaptive-reuse-amendmentclean.pdf
Arlington County Government. (n.d.). Child Care Initiative. Arlington County. Retrieved April 7, 2025, from https://www.arlingtonva.us/Government/Commissions-andAdvisory-Groups/Child-Care-Initiative
Arlington County Government. (n.d.). Zoning Ordinance. Arlington County. Retrieved April 7, 2025, from https://www.arlingtonva.us/Government/Programs/Building/CodesOrdinances/Zoning
City of Fairfax. (n.d.). Fiscal Year 2025 Budget. Fairfax, VA: City of Fairfax. Retrieved April 7, 2025, from https://www.fairfaxva.gov/home/showpublisheddocument/23193/6385517515467 70000
Fairfax County Government. (n.d.). Application and development review process. https://www.fairfaxcounty.gov/planning-development/zoning/applicationdevelopment-review-process
Fairfax County Government. (n.d.). Fee schedule. https://www.fairfaxcounty.gov/landdevelopment/sites/landdevelopment/files/asse ts/documents/fee-schedule.pdf
Fairfax County Government. (n.d.). LUPR fee handout. https://www.fairfaxcounty.gov/planningcommission/sites/planningcommission/file s/Assets/Documents/PDF/lupr/Fees%20Handout%20for%20LUPR.pdf
Fairfax County Government. (n.d.). Zoning ordinance: Child care centers. https://online.encodeplus.com/regs/fairfaxcounty-va/doc-viewer.aspx?secid=2807
Fairfax County Government. (n.d.). Zoning ordinance: Day care definitions. https://online.encodeplus.com/regs/fairfaxcounty-va/doc-viewer.aspx?secid=2545
Leesburg Town Government. (n.d.). Fee schedule. https://www.leesburgva.gov/home/showpublisheddocument/4541/638538013810 670000
Leesburg Town Government. (n.d.). Home-based childcare.
https://www.leesburgva.gov/departments/community-development/applicationsand-checklists/planning-zoning-and-preservation/home-based-childcare
Leesburg Town Government. (n.d.). Land use fee schedule.
https://www.leesburgva.gov/departments/community-development/applicationsand-checklists/fee-schedule#LANDUSE
Leesburg Town Government. (n.d.). Subdivision and land development regulations appendices.
https://www.leesburgva.gov/home/showpublisheddocument/33372/63794519592 7700000
Loudoun County Government. (n.d.). Appendices. https://www.loudoun.gov/DocumentCenter/View/180041/Appendices
Loudoun County Government. (n.d.). Zoning Ordinance. Loudoun County. Retrieved April 7, 2025, from https://www.loudoun.gov/1755/Zoning-Ordinance
Prince William County Government. (n.d.). Application package for special use permit for family day home. https://www.pwcva.gov/assets/202106/Application%20Package%20for%20Special%20Use%20Permit%20for%20Famil y%20Day%20Home.pdf
Prince William County Government. (n.d.). Family day home (child care within residence) guidelines. https://www.pwcva.gov/department/zoning-administration/family-dayhome-child-care-within-residence
Prince William County Government. (n.d.). Fee schedule for special use permits. https://www.pwcva.gov/assets/2022-06/Fee_Schedule_Special_Use_Permits.pdf
Prince William County Government. (n.d.). Zoning fee schedule. https://www.pwcva.gov/assets/2024-07/Fee_Schedule_Zoning.pdf
Useful Resources
Child Care Law Center. (n.d.). Frequently asked questions: SB 234 – The Keeping Kids Close to Home Act. https://www.childcarelaw.org/content/frequently-askedquestions-sb-234-the-keeping-kids-close-to-home-act/ Children's Council of San Francisco. (n.d.). Help paying for child care. https://www.childrenscouncil.org/families/help-paying-for-child-care/ Children's Council of San Francisco. (n.d.). Our partners. https://www.childrenscouncil.org/about-us/our-partners/ Children's Opportunity Alliance. (2023, August). Montgomery County data. https://static1.squarespace.com/static/62ad27c903d8e10682a2c1c6/t/64dd813d 1ac8597f49346f04/1692238166459/Childrens-Opportunity-Alliance_MoCoData_Aug-2023
Children's Opportunity Alliance. (n.d.). About. https://mocochildren.org/about
Citizen Portal. (2024, March). Washington mandates cities to permit child care centers in all zones except industrial areas.
https://citizenportal.ai/articles/2186702/Washington/Washington-mandatescities-to-permit-child-care-centers-in-all-zones-except-industrial-areas King County Council. (2024, October 17). Mosqueda announces permit prioritization for childcare and affordable housing projects. https://kingcounty.gov/zhcn/dept/council/governance-leadership/county-council/newsroom/2024/10-17mosqueda-permit-priority-childcare-affordable-housing-release Maryland Family Network. (2024, July). 2023 annual report. https://www.marylandfamilynetwork.org/sites/default/files/202407/MFN%202023%20Annual%20Report.pdf
Maryland State Department of Education. (n.d.). Child care center orientation. https://earlychildhood.marylandpublicschools.org/child-careproviders/licensing/orientations/child-care-center-orientation
Maryland State Department of Education. (n.d.). Family child care orientation. https://earlychildhood.marylandpublicschools.org/child-careproviders/licensing/orientations/family-child-care-orientation
Maryland State Department of Education. (n.d.). Large family child care home orientation. https://earlychildhood.marylandpublicschools.org/child-careproviders/licensing/orientations/large-family-child-care-home-orientation
Maryland State Department of Education. (n.d.). Obtaining local government permits for license or registration in Region 5.
https://earlychildhood.marylandpublicschools.org/system/files/filedepot/3/region_ 5_-_obtaining_local_government_permits_for_license_or_registration.pdf
Maryland State Department of Education. (n.d.). Region 5 – Local child care regulations. https://earlychildhood.marylandpublicschools.org/node/736
Maryland State Department of Education. (n.d.). Regulations. https://earlychildhood.marylandpublicschools.org/regulations
Maryland.gov. (n.d.). Child care licensing and registration. https://onestop.md.gov/licenses/child-care-licensing-and-registration5d1540b054f24d03e999826f
Montgomery County Council. (n.d.). Press release: Early care and education coordination. https://www2.montgomerycountymd.gov/mcgportalapps/Press_Detail.aspx?Dept= 1&Item_ID=40059&utm
Montgomery County Government. (2025, January). State supply and demand report. https://www.montgomerycountymd.gov/HHSProgram/Resources/Files/StateSupplyDemand_final_January2025.pdf
Montgomery County Government. (n.d.). Outside agency inspection process. https://www.montgomerycountymd.gov/DPS/Process/fpcc/inspect-outsideagcy.html
Montgomery County Government. (n.d.). Resources and links for child care. https://www.montgomerycountymd.gov/HHSProgram/CYF/MCCCRRC/ResourcesandLinks.html
Montgomery County Government. (n.d.). Services for providers. https://www.montgomerycountymd.gov/HHSProgram/CYF/MCCCRRC/ServicesforProviders.html
San Francisco Municipal Code. (n.d.). Planning code. https://codelibrary.amlegal.com/codes/san_francisco/latest/sf_planning/0-0-052872
San Francisco Planning Department. (2017). Child care facilities: Planning code amendments.
https://default.sfplanning.org/legislative_changes/new_code_summaries/170693.p df
The Urbanist. (2020, August 21). New Seattle law opens door to childcare within a 15minute walk of every home. https://www.theurbanist.org/2020/08/21/new-seattlelaw-opens-door-to-childcare-within-a-15-minute-walk-of-every-home/
Virginia Government Matters. (n.d.). Childcare regulations summary. https://vagovernmentmatters.org/files/download/1169/fullsize.pdf
Annotated Bibliography
Children’s Opportunity Alliance. (n.d.). About. https://mocochildren.org/about
The Children’s Opportunity Alliance (COA) serves as Montgomery County’s designated coordinating entity for early care and education. As a public-private partnership launched by the County Council in 2022, COA brings together agencies, nonprofits, funders, and families to develop system-level solutions for improving child outcomes. Its collaborative approach underpins many of the county’s recent advancements in childcare access and equity.
Children’s Opportunity Alliance. (2023, August). Well-being of Montgomery County’s youngest children.
https://static1.squarespace.com/static/62ad27c903d8e10682a2c1c6/t/64dd813d 1ac8597f49346f04/1692238166459/Childrens-Opportunity-Alliance_MoCoData_Aug-2023
This data snapshot presents key indicators of child well-being across Montgomery County, including trends in childcare supply, demand, and affordability. By identifying access gaps, geographic disparities, and system-level barriers, the report supports data-driven planning and underscores the need for equitable investment in early care infrastructure.
Child Care Law Center. (n.d.). Frequently asked questions: SB 234 – The Keeping Kids Close to Home Act. https://www.childcarelaw.org/content/frequently-askedquestions-sb-234-the-keeping-kids-close-to-home-act/
This resource discusses the provisions of California Senate Bill 234 – The Keeping Kids Close to Home Act. This act removed permitting and special permit requirements for childcare facilities at the state level.
Children's Council of San Francisco. (2025). Annual corporate sponsorship.
https://www.childrenscouncil.org/support-us/key-initiatives/partner-with-us/
This page from the Children’s Council of San Francisco’s website discusses their program for annual corporate sponsorship, along with a list of their partners from the year 2020.
Children's Council of San Francisco. (n.d.). Help paying for child care. https://www.childrenscouncil.org/families/help-paying-for-child-care/
This page outlines the financial assistance programs available to families in San Francisco who need help paying for childcare.
Children's Council of San Francisco. (n.d.). Our partners. https://www.childrenscouncil.org/about-us/our-partners/
This page lists the government and community partners that work with the Children’s Council of San Francisco.
King County Council. (2024, October 17). Mosqueda announces permit prioritization for childcare and affordable housing projects. https://kingcounty.gov/zhcn/dept/council/governance-leadership/county-council/newsroom/2024/10-17mosqueda-permit-priority-childcare-affordable-housing-release
This press release describes King County’s initiative to prioritize permit approvals for childcare facilities and affordable housing developments. The policy reflects the
desire to address critical social infrastructure needs by reducing bureaucratic delays for projects that advance community equity and economic opportunity. Maryland Family Network. (2023). 2023 annual report.
https://www.marylandfamilynetwork.org/sites/default/files/202407/MFN%202023%20Annual%20Report.pdf
The Maryland Family Network (MFN) administers the state’s Child Care Resource and Referral Centers through a public-private partnership with the state. This report highlights statewide initiatives including the Growing Opportunities for Family Child Care (GOFCC) program that are helping to build provider capacity, shorten the timeline to licensure, and expand the supply of high-quality, home-based childcare options.
Maryland State Department of Education. (n.d.). Child care regulations. https://earlychildhood.marylandpublicschools.org/regulations
Maryland’s Division of Early Childhood, part of the Maryland State Department of Education, oversees the licensing of all early care and education programs. Through 13 regional offices including one dedicated solely to Montgomery County the state provides localized licensing support, ensuring easier access to technical assistance and regulatory guidance for prospective providers.
Montgomery County Department of Health and Human Services. (2025, January). The state of supply and demand for childcare in Montgomery County, Maryland.
https://www.montgomerycountymd.gov/HHSProgram/Resources/Files/StateSupplyDemand_final_January2025.pdf
This county-funded study offers a detailed analysis of childcare supply and demand across Montgomery County. Key findings include a significant shortage of care for infants and toddlers, under-enrollment in licensed programs, and persistent access barriers for immigrant and non-English-speaking families. The report provides critical data for policymakers aiming to develop targeted, responsive strategies. Montgomery County Government. (2024, February 27). Council unanimously approves bill to establish an Early Care and Education Coordinating Entity in Montgomery County.
https://www2.montgomerycountymd.gov/mcgportalapps/Press_Detail.aspx?Dept= 1&Item_ID=40059&utm
This press release outlines the County’s Child Care Action Plan, a comprehensive strategy focused on expanding childcare access through zoning reform, licensing support, and public-private collaboration. It reflects the county’s recognition of childcare as critical social infrastructure and its commitment to reducing entry barriers for new providers.
San Francisco Municipal Code. (n.d.). Planning code.
https://codelibrary.amlegal.com/codes/san_francisco/latest/sf_planning/0-0-052872
This section of the San Francisco Planning Code outlines the requirements for childcare impact fees and alternatives for contributing to childcare infrastructure. San Francisco Planning Department. (2017). Child care facilities: Planning code amendments.
https://default.sfplanning.org/legislative_changes/new_code_summaries/170693.p df
This document details changes made to the City of San Francisco Planning Code on October 15, 2017, regarding childcare policy. These include defining “Child Care Facility,” expanding by-right use, eliminating neighborhood notice requirements, and relaxing residential open space requirements.
Snohomish County. (2025, April 9). Snohomish County permits childcare providers more places. https://www.theurbanist.org/2025/04/09/snohomish-county-permitschildcare-providers-more-places/
This article highlights Snohomish County’s zoning updates that expand the number of allowable locations for childcare providers. The reforms aim to simplify permitting, encourage market entry, and meet growing suburban demand. The Urbanist. (2020, August 21). New Seattle law opens door to childcare within a 15minute walk of every home. https://www.theurbanist.org/2020/08/21/new-seattlelaw-opens-door-to-childcare-within-a-15-minute-walk-of-every-home/
This article explains Seattle’s 2020 zoning reform to allow childcare facilities citywide, supporting the goal that every home be within a 15-minute walk of a childcare option. It aligns with objectives for walkability, equity, and reduced car dependency.
Washington Citizen Portal. (2024, March). Washington mandates cities to permit child care centers in all zones except industrial areas. https://citizenportal.ai/articles/2186702/Washington/Washington-mandatescities-to-permit-child-care-centers-in-all-zones-except-industrial-areas
This article discusses Washington State’s legislation requiring cities to permit child care centers in all zones (excluding industrial). It aims to eliminate zoning barriers, promote equity, and support childcare availability in all communities.