New Hampshire allows licensed child care centers on commercial land

Local governments must allow child care centers on commercially zoned land without a special permit for that use. The rule covers center-based programs, including infant, preschool, and school-age care. It excludes family and group family day care homes. Centers must meet state child care licensing and operating rules. Local governments cannot impose different child care requirements. Local governments may review the site’s layout if licensed capacity exceeds 30 children. Applicable state fire, building, water supply, and sewage disposal requirements still apply. The law took effect July 1, 2026.

Local governments must allow an existing building, or part of it, to be converted into a child care center. The rule covers an entire existing building or part of one used for a child care center. The building’s outside dimensions must stay the same. Centers must meet state child care and safety requirements. Local site review is allowed if licensed capacity exceeds 30 children. Industrial and manufacturing zone restrictions may apply unless the center serves only employees of a business in those zones. The building conversion rule took effect July 1, 2026.

Local governments must allow family and group family child care on lots where residential use is permitted, without a special use permit or local site review. Family and group family child care may operate in the main building or an existing secondary building on a lot where residential use is allowed. Providers must meet New Hampshire Department of Health and Human Services rules for home-based care. Local governments cannot impose child care requirements that differ from state law or rules. Private agreements restricting property use, including homeowners’ association agreements, still apply. The home-based care provisions took effect July 1, 2026.