§ 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.