Maryland Childcare Licensing
Maryland Childcare Square Footage Requirements (2026)
Indoor activity space is a measured Maryland licensing requirement: a center's licensed capacity is capped by the usable indoor square footage available per child. A Maryland child care center must provide a minimum of 35 square feet of indoor floor space for each child in care (30 square feet for a center licensed before December 1, 1971), and a center with a notice of intent received on or after January 1, 2009 must provide an outdoor activity area of at least 75 square feet of usable play space for one-half of the center's approved capacity, or per child if the center's approved capacity is 20 or fewer children, per COMAR 13A.16.05.03 and 13A.16.05.12.
Licensing Agency
Maryland State Department of Education (MSDE), Division of Early Childhood, Office of Child Care (OCC), Licensing Branch →Last updated: April 2026
Researched by the TotReady Research TeamMaryland Square Footage Requirements: The Specifics
A Maryland child care center must provide a minimum of 35 square feet of indoor floor space for each child in care (30 square feet for a center licensed before December 1, 1971), and a center with a notice of intent received on or after January 1, 2009 must provide an outdoor activity area of at least 75 square feet of usable play space for one-half of the center's approved capacity, or per child if the center's approved capacity is 20 or fewer children, per COMAR 13A.16.05.03 and 13A.16.05.12.
30 square feet for a center licensed before December 1, 1971
A Maryland family child care home may serve a maximum total of 8 children, of whom no more than 4 may be younger than 2 years old, and care may not be provided at any one time to more than 2 children younger than 2 years old unless approved by the office, per COMAR 13A.15.04.03.
Maryland sets maximum group sizes for child care centers by age band: 6 for infants, 9 for toddlers, 12 for two-year-olds, 20 for preschool-age children (3-4 years), and 30 for kindergarten-age and older children (5 and older), per COMAR 13A.16.08.03.
5 and older
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Maryland Square Footage Requirements: Frequently Asked Questions
How much indoor space per child does Maryland require?
A Maryland child care center must provide a minimum of 35 square feet of indoor floor space for each child in care (30 square feet for a center licensed before December 1, 1971), and a center with a notice of intent received on or after January 1, 2009 must provide an outdoor activity area of at least 75 square feet of usable play space for one-half of the center's approved capacity, or per child if the center's approved capacity is 20 or fewer children, per COMAR 13A.16.05.03 and 13A.16.05.12.
Does Maryland require outdoor play space too?
A Maryland child care center must provide a minimum of 35 square feet of indoor floor space for each child in care (30 square feet for a center licensed before December 1, 1971), and a center with a notice of intent received on or after January 1, 2009 must provide an outdoor activity area of at least 75 square feet of usable play space for one-half of the center's approved capacity, or per child if the center's approved capacity is 20 or fewer children, per COMAR 13A.16.05.03 and 13A.16.05.12.
What space is excluded when calculating capacity in Maryland?
Most states exclude hallways, bathrooms, kitchens, offices, and storage from the usable indoor activity space used to compute capacity. Confirm the exact exclusions in the cited Maryland rule above.
Maryland childcare licensing rules are amended regularly. This page is compiled from published Maryland administrative codes and statutes for informational purposes only — always verify current requirements with the Maryland State Department of Education (MSDE), Division of Early Childhood, Office of Child Care (OCC), Licensing Branch before relying on them. TotReady provides information and document templates, not legal or regulatory advice.