38. Subject to section 12, 22 or 37, the prohibition set forth in section 128.6 does not apply to a person who, in a white-tailed deer yard, carries on an activity involving the construction or improvement of a forest road, where the person carries on the activity in compliance with the following requirements:
(1) a written notice shall be sent in accordance with subparagraph 1 of the first paragraph of section 12;
(2) the activity may be carried on only during the period from 1 May to 1 December; and
(3) the roadway may not be more than 7.5 m wide.