# COMAR Title 35 — Maryland Department of Veterans and Military Families

## Subtitle 01 — General

### Chapter 01 — Purpose; Definitions

#### Regulation .04 Legal Residence Within the State of Maryland.

*COMAR 35.01.01.04*

A. A veteran's legal residence within the State, for the purpose of establishing eligibility for State benefits, shall be established by reasonable and substantial evidence. That evidence may include:

  (1) An up-to-date voter's registration card, in the name of the veteran;

  (2) A certified copy of a Maryland income tax report form, filed by the veteran immediately preceding the death of the veteran or the veteran's next of kin;

  (3) A certified copy of a notice of tax assessment or tax bill on property located within the State, addressed to the veteran and dated within 1 year of the death of the veteran or the veteran's next of kin; or

  (4) The records of a nursing home, hospital, or institution where the veteran may have been confined, to establish that at the time of admission, the veteran's legal residence was within the State.

B. When a veteran, who has been a legal resident of Maryland for a period of 2 years or more, moves to another State to establish legal residency, the Maryland residence, for the purpose of qualifying for burial in a State veterans' cemetery shall be established by one or more of the following during the period in question:

  (1) Records of tax payments: personal or property, or both;

  (2) A continuous voting record;

  (3) Hospital records: governmental or private, or both;

  (4) Personal knowledge of reputable citizens of Maryland, or State, county, or city officials;

  (5) Records of recognized fraternal, civic, or veterans' organizations; or

  (6) Any other substantial evidence that may establish the required residency.

C. The 2-year legal residence requirement for burial in one of Maryland's Veterans' Cemeteries, or admission to assisted living in Charlotte Hall Veterans' Home may be waived when the veteran has been a legal resident of Maryland for a substantial portion of a 2-year period, if, in the judgment of the Department or its designee, there are compelling reasons for this waiver such as the following:

  (1) The veteran has had ties of relationship and friendship to permanent residents of Maryland for a substantial period;

  (2) There is evidence that equal or greater ties of the veteran to residents of another state do not exist; or

  (3) The evidence in support of this waiver is compelling, or of such nature and weight as to warrant an affirmative decision.

D. The evidence establishing that a veteran was a legal resident of Maryland when the veteran entered the U.S. Armed Forces of the United States shall include one or more of the following:

  (1) Military records, such as a DD Form 214;

  (2) A document establishing honorable military service; or

  (3) Draft board records, or State records establishing legal residence at a time of entrance into military service.