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HB 1259

Zoning Authorities - Operation of Family Child Care Homes - Prohibitions and Requirements

2026 Regular Session Introduced by Jessica Feldmark

Maryland bill prohibits local zoning authorities from restricting family child care homes in residential zones, requiring them to be permitted as-of-right to expand childcare access.

House Conference Committee Appointed (Delegates Amprey, Charkoudian and Wivell)
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WeVote Research Nonpartisan
Bill Summary · HB 1259

Legislative bill overview

HB 1259 restricts local zoning authorities' ability to prohibit or impose special conditions on family child care homes operating in residential areas. The bill requires zoning codes to permit family child care homes as a matter of right in residential zones, removing local discretion to regulate these operations through zoning restrictions or conditional use permits.

Why is this important

Family child care homes (typically 1-10 children cared for in a provider's residence) represent a significant childcare option, particularly for working families needing flexible, community-based care. This bill directly addresses childcare accessibility by preventing local governments from using zoning restrictions as barriers to opening these facilities, potentially expanding affordable childcare options in residential neighborhoods.

Potential points of contention

  • Local control vs. state mandate: Zoning authority traditionally rests with local governments; this bill constrains municipalities' ability to manage land use and neighborhood character based on community preferences
  • Neighborhood impact concerns: Residents may worry about increased traffic, noise, parking, and safety in residential areas; the bill limits local ability to address these concerns through conditional permits or restrictions
  • Regulatory consistency: Ambiguity about what constitutes a "family child care home" and how this interacts with existing local health/safety regulations could create enforcement challenges and litigation

Compiled from official sources — confirm details with the bill’s official record.

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