§ 42-66. Rules of construction.

For the purposes of administration and enforcement of this division, unless otherwise stated in this division, the following rules of construction shall apply:

(1)

If there is any difference of meaning or implication between the text of this division and any caption, illustration, summary table or illustrative table, the text shall control.

(2)

The word "shall" is always mandatory and not discretionary; the word "may" is permissive.

(3)

Words used in the present tense shall include the future, and words used in the singular number shall include the plural and the plural the singular, unless the context clearly indicates the contrary.

(4)

The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity.

(5)

Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and," "or" or "either…or," the conjunction shall be interpreted as follows:

a.

The term "and" indicates that all the connected terms, conditions, provisions or events shall apply.

b.

The term "or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination.

c.

The term "either…or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.

(6)

The word "includes" shall not limit a term to the specific example but is intended to extend its meaning to all other instances or circumstances of like kind or character.

(7)

Where a road right-of-way is used to define benefit area boundaries, that portion of the road right-of-way demarcating the boundary may be considered as part of either benefit area it bounds.

(Code 1988, § 11.5-37)