Protecting New Bern’s Historic Assets Historic Districts and a Historic District Commission

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By: Susan Moffat-Thomas, retired Executive Director Swiss Bear Downtown Development

In the 1950’s, 60’s and 70’s, the advent of the automobile, trucking and improved roads led to an exodus to the suburbs resulting in an abandoned, blighted waterfront, a deteriorated downtown and residential area. The widening of Broad Street to create a major Hwy 70/17 corridor, created a barrier between downtown and the residential area, hastening the decline.

In the late 1960’s, the North Carolina Division of Archives and History’s survey of downtown’s residential structures, identified the large number of endangered structures that were being lost to decay and demolition. Great concern by the New Bern Historical Society, led to the establishment of the Historic Preservation Foundation in 1972 (New Bern Preservation Foundation). The non-profit organized a revolving fund to purchase endangered structures, and resell as single-family homes with restoration covenants. Soon to follow, Swiss Bear, Inc. was established to lead the revitalization of the downtown and redevelopment of its waterfront, in partnership with the city. Preserving the historic architecture became a major priority for both organizations.  

As one of the revitalization strategies, local preservation groups nominated a 20-block downtown area for listing on the National Register of Historic Places. In 1980, the National Register District was expanded to include three areas overlooked in the original district, including Trent Court. It was considered an example of high-quality public housing and also act as a buffer zone around Tryon Palace.

However, National Register District’s (basically honorary designations) are not protected by design controls. The one tangible advantage enabled owners of commercial and income producing property to claim tax benefits. Those who choose not to, can simply obtain building permits and renovatetheir building in whatever fashion they choose.

To strengthen control, in February 1980, spurred on by Swiss Bear and the Historic Preservation Foundation, the City Planning Department looked into the feasibility of establishing a local Historic District Commission (HDC). An HDC, authorized by state statute, enacted by local ordinance, placed design controls on the rehab of exterior buildings, new construction, and delay demolition within the historic district. 

On February 28, supported by the City Planner and the Tryon Palace Commission, a public forum held in the Tryon Palace Auditorium, included presentations by the presidents of the New Bern Historical Society, Historic Preservation Foundation, Chairman of the Swiss Bear Architectural Committee, and Secretary of the NC Archives and History. They all expressed the need to establish a Historic District Commission, with design regulations for any rehabilitation or new construction within the Historic District.

This great show of interest led to the Board of Aldermen appointing a nine-member Commission of dedicated preservationists. Their charge: develop an ordinance, guidelines, and application process with the Planning Department, providing support and overall coordination.  

It was controversial from the start. To Nudge, or Sledge Hammer Preservation, was the title of an August 16, 1980 Sun Journal article by the reporter who covered the contentious public meeting. David Henderson advised the Commission to specify which guidelines are mandatory and which are just suggestions. “You have to be consistent” he said, “should can never be enforced.  Commission Chairman, Boyd Meyers said,” when you get to texture, color, mass, you can’t get specific. Let’s keep it general enough so it will help everyone in the community.” Henderson replied, “you’re going to get yourself in a hole if you don’t have something enforceable.”  Dr. Ray Houghton, Commission Vice-Chairman said,  “we’re not trying to strangle people or keep someone from doing something. I’d prefer to nudge people, not hit them with a sledge hammer.” 

In the November 18, 1980 Sun Journal article, New Bern Historic District Praised, Panned at Hearing, reporting on the Board of Aldermen public hearing …” the near capacity audience, most of who supported the ordinance appeared at the meeting. The issue, as both the advocates and opponents of the ordinance saw it, was more government regulation. But those favoring the ordinance said it was necessary to preserve the historic integrity of the city. Those opposing the ordinance, said they objected to being considered an “irresponsible minority.” At the urging of former Alderman Ben Hurst, audience members stood up. Hurst said he observed, 90% of the audience favored the ordinance.”

At the conclusion of the public hearing, the Board of Aldermen adopted the ordinance and the Commission’s guidelines. The city established a Historic District Commission (renamed Historic Preservation Commission), appointed volunteer commission members, and effective January 1, 1981, a certificate of appropriateness (CA) had to be obtained from the city’s planning department prior to any exterior alteration, relocation, new construction or demolition of a building. 

A year later, the HPC decided the guidelines needed to be revised. As reported in a May 22, 1982 Sun Journal article, Historic Ordinance May be Revised the consensus of the HPC members were “we should go with our gut reactions (on applications) and stop being so worried about being so diplomatic.” Another commissioner noted “two years ago downtown New Bern was dying, and I did not feel like imposing any requirements on people that might impede the restoration of the historic area. Now, with revitalization firmly underway, the circumstances were different and with our experience we can see some of the problems people are having with us, and we are having with them, and need to make changes.” 

From the onset, the power of the HPC was a controversial, complex issue and the focus of many bitter arguments, editorials and letters to the editor. Proponents credited the district controls with protecting areas of historic significance, helping chart future growth and stimulating new investment. Opponents contended the historic districts were elitist, often arbitrarily administered by commissioners who abused their power, and were not qualified to pass judgment on what are frequently complex, subjective decisions. 

Whatever your opinion, generally speaking, when the design controls were put in place, the New Bern Historical Society, Swiss Bear, New Bern Preservation Foundation, preservationists, developers and investors saw, promoting good design, within the context of historic preservation, as part of a comprehensive approach to stimulate residential and downtown revitalization efforts. 

And, it worked. Today, New Bern’s downtown historic district’s “distinctive sense of place” is one of New Bern’s most important attractions. Its success spurred the establishment of four more National Register districts and two local historic districts. The hundreds of restored historic structures strengthened neighborhoods, increased property values and give New Bern its distinctive “sense of place.”