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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb1259*
HOUSE BILL 1259
L6 6lr3100
By: Delegate Feldmark
Introduced and read first time: February 12, 2026
Assigned to: Economic Matters
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 7, 2026
CHAPTER ______
AN ACT concerning 1
Zoning Authorities – Operation of Family Child Care Homes – Prohibitions and 2
Requirements 3
FOR the purpose of prohibiting a local jurisdiction in the State from denying or restricting 4
the operation of certain family child care homes under certain circumstances and in 5
a certain manner; requiring a local jurisdiction to designate the operation of certain 6
family child care homes in a ce rtain manner; and generally relating to zoning and 7
the operation of family child care homes. 8
BY repealing and reenacting, without amendments, 9
Article – Land Use 10
Section 1–401(a) and (c) and 10–103(a) 11
Annotated Code of Maryland 12
(2012 Volume and 2025 Supplement) 13
BY repealing and reenacting, with amendments, 14
Article – Land Use 15
Section 1–401(b)(18), 4–216, and 10–103(b)(17) 16
Annotated Code of Maryland 17
(2012 Volume and 2025 Supplement) 18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20
Article – Land Use 21
2 HOUSE BILL 1259
1–401. 1
(a) Except as provided in this section, this division does not apply to charter 2
counties. 3
(b) The following provisions of this division apply to a charter county: 4
(18) § 4–216 ([Limitations –] Family child care homes and large family child 5
care homes); 6
(c) This section supersedes any inconsistent provision of Division II of this article. 7
4–216. 8
(a) (1) In this section the following words have the meanings indicated. 9
(2) “Family child care home” has the meaning stated in § 9.5 –301 of the 10
Education Article. 11
(3) “Large family child care home” has the meaning stated in § 9.5 –301 of 12
the Education Article. 13
(b) A local jurisdiction, BY LOCAL ORDINANCE, RESOLUTION, LAW, OR RULE: 14
(1) may not[, by local ordinance, resolution, law, or rule,]: 15
(I) limit the number of children for which a family child care home 16
or large family child care home provides family child care to below the number authorized 17
by the State Department of Education; OR 18
(II) DENY OR RESTRICT THE OPERATION OF A FAMIL Y CHILD 19
CARE HOME OR LARGE F AMILY CHILD CARE HOM E THAT MEETS THE LIC ENSING 20
REQUIREMENTS ESTABLISHED BY THE STATE DEPARTMENT OF EDUCATION; AND 21
(2) SHALL DESIGNATE THE OPERATION OF A FAMIL Y CHILD CARE 22
HOME OR LARGE FAMILY CHILD CARE HOME AS: 23
(I) A RESIDENTIAL ACTIVITY; AND 24
(II) A PERMITTED USE UNDE R RESIDENTIAL ZONING 25
REQUIREMENTS. 26
10–103. 27
HOUSE BILL 1259 3
(a) Except as provided in this section, this division does not apply to Baltimore 1
City. 2
(b) The following provisions of this division apply to Baltimore City: 3
(17) § 4–216 ([Limitations –] Family child care homes and large family child 4
care homes); 5
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 6
October June 1, 2026. 7
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.