Section 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.