N.Y. Exec. Law § 915-b

§ 915-b. Water dependent uses. Notwithstanding any other provision of\nlaw, water dependent use activities as defined in subdivision eleven of\nsection nine hundred eleven of this article, shall not be considered a\nprivate nuisance, provided such activities were commenced prior to the\nsurrounding activities and have not been determined to be the cause of\nconditions dangerous to life or health as determined by the commissioner\nof health, the local health officer, or local board of health pursuant\nto sections thirteen hundred, thirteen hundred-a, thirteen hundred three\nand thirteen hundred four of the public health law and any disturbance\nto enjoyment of land has not materially increased.\n