A commissioner or head of a state department having control of any land, water, park, reservation, boulevard, parkway or highway of the commonwealth or of any metropolitan district may, in the name of the commonwealth, subject to such terms and conditions as he may deem advisable and subject also to such rules and regulations as may be promulgated by the department of fire services, grant to any person the right to lay, construct, maintain and operate pipe lines for conveying petroleum or the products or by-products thereof through, over, across or under such land, water, park, reservation, boulevard, parkway or highway, and in connection therewith may grant permission to any such person to dig up, open or tunnel under such land, water, park, reservation, boulevard, parkway or highway.
Mass. Gen. Laws ch. 30, § 44B