Nebraska Childcare Licensing
Nebraska Childcare Square Footage Requirements (2026)
Indoor activity space is a measured Nebraska licensing requirement: a center's licensed capacity is capped by the usable indoor square footage available per child. Nebraska requires at least 35 square feet of indoor activity space per child (rooms/areas not used for child care do not count) and at least 50 square feet per child of age-appropriate outdoor play space (family child care homes: 391 NAC 1-007.01 indoor and 1-007.03 outdoor; centers: 391 NAC 3-007.01 indoor and 3-007.03 outdoor).
Last updated: April 2026
Researched by the TotReady Research TeamNebraska Square Footage Requirements: The Specifics
Nebraska requires at least 35 square feet of indoor activity space per child (rooms/areas not used for child care do not count) and at least 50 square feet per child of age-appropriate outdoor play space (family child care homes: 391 NAC 1-007.01 indoor and 1-007.03 outdoor
391 NAC 1-007.01
centers: 391 NAC 3-007.01 indoor and 3-007.03 outdoor).
391 NAC 3-007.01
A Family Child Care Home I serves at least 4 but not more than 8 children, except a licensee may be approved to serve up to two additional school-age children during non-school hours (working maximum of 10, with the 9th and 10th children being school-age) if no more than two of the other children in care are under 18 months of age
working maximum of 10, with the 9th and 10th children being school-age
in mixed-age care the program may serve up to three infants if no more than two are under 12 months of age.
definitions at 391 NAC 1-002
A Family Child Care Home II is licensed to serve at least 4 but not more than 12 children (definitions at 391 NAC 1-002
at 391 NAC 1-002
Nebraska sets no statewide maximum group-size cap distinct from staff-to-child ratios
391 NAC 3-006.15C
child care center ratios are set per age band (1 staff per 4 infants 6 weeks-18 months, 1 per 6 toddlers 18 months-3 years, 1 per 10 three-year-olds, 1 per 12 four- and five-year-olds, 1 per 15 school-age) and "compliance with staff-to-child ratios is determined on a center-wide basis" rather than by capped group sizes (391 NAC 3-006.15C).
391 NAC 3-006.15C
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Nebraska Square Footage Requirements: Frequently Asked Questions
How much indoor space per child does Nebraska require?
Nebraska requires at least 35 square feet of indoor activity space per child (rooms/areas not used for child care do not count) and at least 50 square feet per child of age-appropriate outdoor play space (family child care homes: 391 NAC 1-007.01 indoor and 1-007.03 outdoor; centers: 391 NAC 3-007.01 indoor and 3-007.03 outdoor).
Does Nebraska require outdoor play space too?
Nebraska requires at least 35 square feet of indoor activity space per child (rooms/areas not used for child care do not count) and at least 50 square feet per child of age-appropriate outdoor play space (family child care homes: 391 NAC 1-007.01 indoor and 1-007.03 outdoor; centers: 391 NAC 3-007.01 indoor and 3-007.03 outdoor).
What space is excluded when calculating capacity in Nebraska?
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 Nebraska rule above.
Nebraska childcare licensing rules are amended regularly. This page is compiled from published Nebraska administrative codes and statutes for informational purposes only — always verify current requirements with the Nebraska Department of Health and Human Services (DHHS), Division of Public Health, Licensure Unit - Children's Services Licensing (Child Care Centers) before relying on them. TotReady provides information and document templates, not legal or regulatory advice.