N.Y. Executive Law § 915-b: Water dependent uses

§ 915-b. Water dependent uses. Notwithstanding any other provision of

law, water dependent use activities as defined in subdivision eleven of

section nine hundred eleven of this article, shall not be considered a

private nuisance, provided such activities were commenced prior to the

surrounding activities and have not been determined to be the cause of

conditions dangerous to life or health as determined by the commissioner

of health, the local health officer, or local board of health pursuant

to sections thirteen hundred, thirteen hundred-a, thirteen hundred three

and thirteen hundred four of the public health law and any disturbance

to enjoyment of land has not materially increased.